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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 118
Failure to furnish particulars to be an offence.
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
(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
(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.
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