Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 45AH

Determining guilt

  (1)   A corporation may be found guilty of an offence against section   45AF or 45AG even if:

  (a)   each other party to the contract, arrangement or understanding is a person who is not criminally responsible; or

  (b)   subject to subsection   (2), all other parties to the contract, arrangement or understanding have been acquitted of the offence.

Note:   Party has an extended meaning--see section   45AC.

  (2)   A corporation cannot be found guilty of an offence against section   45AF or 45AG if:

  (a)   all other parties to the contract, arrangement or understanding have been acquitted of such an offence; and

  (b)   a finding of guilt would be inconsistent with their acquittal.


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