Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 56CC

Prohibition on holding out--offence

             (1)  A person commits an offence if the person holds out that the person:

                     (a)  is an accredited person; or

                     (b)  is an accredited person holding an accreditation that has been granted at a particular level (see paragraph 56BH(1)(d)); or

                     (c)  is an accredited data recipient of CDR data;

if that is not the case.

Penalty--body corporate

             (2)  An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:

                     (a)  $10,000,000;

                     (b)  if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence--3 times the value of that benefit;

                     (c)  if the court cannot determine the value of that benefit--10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the commission of the offence happened or began.

             (3)  For the purposes of paragraph (2)(c), annual turnover has the same meaning as in Division 1 of Part IV.

Penalty--other persons

             (4)  An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by imprisonment for not more than 5 years, a fine of not more than $500,000, or both.



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