Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 118

118. (1) If the requirements of section 117 are not complied with in respect
of an agreement, each person who was a party to the agreement when it became
subject to filing is guilty of an offence.

(2) If the requirements of section 117 are not complied with in respect of a
variation or determination of an agreement, each person who was a party to the
agreement immediately before, or immediately after, the variation or
determination is guilty of an offence.

(3) The penalty for an offence against this section is a fine not exceeding
$2,000.

(4) It is a defence to a prosecution for an offence against this section if
the person charged satisfies the Court that-

   (a)  he did not, within the time allowed for the furnishing of the
        particulars, advert to the question whether particulars of the
        agreement, variation or determination were required by this Act to be
        furnished to the Clerk and his failure to advert to that question was
        not attributable to a desire to avoid, or to indifference to, his
        obligations;

   (b)  he reasonably relied on another party to ensure that the required
        particulars were duly furnished; or

   (c)  he believed in good faith that particulars of the agreement, variation
        or determination furnished to the Clerk by him within the time allowed
        complied with the requirements of this Act, and that either the
        particulars, or the necessary further or amended particulars, were
        duly furnished, except as regards time, by himself or another party
        before the institution of the prosecution or he did not know or
        suspect, before the institution of the prosecution, that there had
        been default in compliance with the requirements of this Act with
        respect to the furnishing to the Clerk of particulars of the
        agreement, variation or determination.