Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 45AF

Making a contract etc. containing a cartel provision

Offence

             (1)  A corporation commits an offence if:

                     (a)  the corporation makes a contract or arrangement, or arrives at an understanding; and

                     (b)  the contract, arrangement or understanding contains a cartel provision.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  The fault element for paragraph (1)(b) is knowledge or belief.

Penalty

             (3)  An offence against subsection (1) is punishable on conviction by a fine not exceeding the greater of the following:

                     (a)  $10,000,000;

                     (b)  if the court can determine the total value of the benefits that:

                              (i)  have been obtained by one or more persons; and

                             (ii)  are reasonably attributable to the commission of the offence;

                            3 times that total value;

                     (c)  if the court cannot determine the total value of those benefits--10% of the corporation's annual turnover during the 12-month period ending at the end of the month in which the corporation committed, or began committing, the offence.

Indictable offence

             (4)  An offence against subsection (1) is an indictable offence.



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