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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Laws Amendment (2018
Measures No. 3) Bill 2018
No. , 2018
(Treasury)
A Bill for an Act to amend the Competition and
Consumer Act 2010, and for related purposes
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Strengthening penalties under the Australian
Consumer Law
3
Competition and Consumer Act 2010
3
Schedule 2--Safe harbour for complying with an information
standard about free range eggs
20
Competition and Consumer Act 2010
20
Schedule 3--Confidentiality of information
22
Competition and Consumer Act 2010
22
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
1
A Bill for an Act to amend the Competition and
1
Consumer Act 2010, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Treasury Laws Amendment (2018 Measures No. 3)
5
Act 2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) 1 July 2018; and
(b) the day after this Act receives the Royal
Assent.
3. Schedules 2
and 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Strengthening penalties under the Australian Consumer Law Schedule 1
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
3
Schedule 1--Strengthening penalties under
1
the Australian Consumer Law
2
3
Competition and Consumer Act 2010
4
1 Subsection 2(1) of Schedule 2
5
Insert:
6
annual turnover, of a body corporate during a 12-month period,
7
means the sum of the values of all the supplies that the body
8
corporate, and any body corporate related to the body corporate,
9
have made, or are likely to make, during the 12-month period,
10
other than:
11
(a) supplies made from any of those bodies corporate to any
12
other of those bodies corporate; or
13
(b) supplies that are input taxed; or
14
(c) supplies that are not for consideration (and are not taxable
15
supplies under section 72-5 of the A New Tax System (Goods
16
and Services Tax) Act 1999); or
17
(d) supplies that are not made in connection with an enterprise
18
that the body corporate carries on; or
19
(e) supplies that are not connected with Australia.
20
Expressions used in this definition that are also used in the A New
21
Tax System (Goods and Services Tax) Act 1999 have the same
22
meaning as in that Act.
23
2 Subsection 151(1) of Schedule 2 (penalty)
24
Repeal the penalty.
25
3 At the end of section 151 of Schedule 2
26
Add:
27
Penalty
28
(5) An offence against subsection (1) committed by a body corporate
29
is punishable on conviction by a fine of not more than the greater
30
of the following:
31
(a) $10,000,000;
32
Schedule 1 Strengthening penalties under the Australian Consumer Law
4
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
(b) if the court can determine the value of the benefit that the
1
body corporate, and any body corporate related to the body
2
corporate, have obtained directly or indirectly and that is
3
reasonably attributable to the commission of the offence--3
4
times the value of that benefit;
5
(c) if the court cannot determine the value of that benefit--10%
6
of the annual turnover of the body corporate during the
7
12-month period ending at the end of the month in which the
8
body corporate committed, or began committing, the offence.
9
(6) An offence against subsection (1) committed by a person other
10
than a body corporate is punishable on conviction by a fine of not
11
more than $500,000.
12
4 Subsection 152(1) of Schedule 2 (penalty)
13
Repeal the penalty.
14
5 After subsection 152(2) of Schedule 2
15
Insert:
16
Penalty
17
(2A) An offence against subsection (1) committed by a body corporate
18
is punishable on conviction by a fine of not more than the greater
19
of the following:
20
(a) $10,000,000;
21
(b) if the court can determine the value of the benefit that the
22
body corporate, and any body corporate related to the body
23
corporate, have obtained directly or indirectly and that is
24
reasonably attributable to the commission of the offence--3
25
times the value of that benefit;
26
(c) if the court cannot determine the value of that benefit--10%
27
of the annual turnover of the body corporate during the
28
12-month period ending at the end of the month in which the
29
body corporate committed, or began committing, the offence.
30
(2B) An offence against subsection (1) committed by a person other
31
than a body corporate is punishable on conviction by a fine of not
32
more than $500,000.
33
Strengthening penalties under the Australian Consumer Law Schedule 1
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
5
Other
1
6 Subsection 153(1) of Schedule 2 (penalty)
2
Repeal the penalty.
3
7 At the end of section 153 of Schedule 2
4
Add:
5
Penalty
6
(3) An offence against subsection (1) committed by a body corporate
7
is punishable on conviction by a fine of not more than the greater
8
of the following:
9
(a) $10,000,000;
10
(b) if the court can determine the value of the benefit that the
11
body corporate, and any body corporate related to the body
12
corporate, have obtained directly or indirectly and that is
13
reasonably attributable to the commission of the offence--3
14
times the value of that benefit;
15
(c) if the court cannot determine the value of that benefit--10%
16
of the annual turnover of the body corporate during the
17
12-month period ending at the end of the month in which the
18
body corporate committed, or began committing, the offence.
19
(4) An offence against subsection (1) committed by a person other
20
than a body corporate is punishable on conviction by a fine of not
21
more than $500,000.
22
8 Subsections 154(1) and (2) of Schedule 2 (penalty)
23
Repeal the penalty.
24
9 After subsection 154(5) of Schedule 2
25
Insert:
26
Penalty
27
(5A) An offence against subsection (1) or (2) committed by a body
28
corporate is punishable on conviction by a fine of not more than
29
the greater of the following:
30
(a) $10,000,000;
31
Schedule 1 Strengthening penalties under the Australian Consumer Law
6
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
(b) if the court can determine the value of the benefit that the
1
body corporate, and any body corporate related to the body
2
corporate, have obtained directly or indirectly and that is
3
reasonably attributable to the commission of the offence--3
4
times the value of that benefit;
5
(c) if the court cannot determine the value of that benefit--10%
6
of the annual turnover of the body corporate during the
7
12-month period ending at the end of the month in which the
8
body corporate committed, or began committing, the offence.
9
(5B) An offence against subsection (1) or (2) committed by a person
10
other than a body corporate is punishable on conviction by a fine of
11
not more than $500,000.
12
Other
13
10 Subsection 155(1) of Schedule 2 (penalty)
14
Repeal the penalty.
15
11 At the end of section 155 of Schedule 2
16
Add:
17
Penalty
18
(3) An offence against subsection (1) committed by a body corporate
19
is punishable on conviction by a fine of not more than the greater
20
of the following:
21
(a) $10,000,000;
22
(b) if the court can determine the value of the benefit that the
23
body corporate, and any body corporate related to the body
24
corporate, have obtained directly or indirectly and that is
25
reasonably attributable to the commission of the offence--3
26
times the value of that benefit;
27
(c) if the court cannot determine the value of that benefit--10%
28
of the annual turnover of the body corporate during the
29
12-month period ending at the end of the month in which the
30
body corporate committed, or began committing, the offence.
31
(4) An offence against subsection (1) committed by a person other
32
than a body corporate is punishable on conviction by a fine of not
33
more than $500,000.
34
Strengthening penalties under the Australian Consumer Law Schedule 1
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
7
12 Subsection 156(1) of Schedule 2 (penalty)
1
Repeal the penalty.
2
13 At the end of section 156 of Schedule 2
3
Add:
4
Penalty
5
(3) An offence against subsection (1) committed by a body corporate
6
is punishable on conviction by a fine of not more than the greater
7
of the following:
8
(a) $10,000,000;
9
(b) if the court can determine the value of the benefit that the
10
body corporate, and any body corporate related to the body
11
corporate, have obtained directly or indirectly and that is
12
reasonably attributable to the commission of the offence--3
13
times the value of that benefit;
14
(c) if the court cannot determine the value of that benefit--10%
15
of the annual turnover of the body corporate during the
16
12-month period ending at the end of the month in which the
17
body corporate committed, or began committing, the offence.
18
(4) An offence against subsection (1) committed by a person other
19
than a body corporate is punishable on conviction by a fine of not
20
more than $500,000.
21
14 Subsections 157(1) and (2) of Schedule 2 (penalty)
22
Repeal the penalty.
23
15 After subsection 157(3) of Schedule 2
24
Insert:
25
Penalty
26
(3A) An offence against subsection (1) or (2) committed by a body
27
corporate is punishable on conviction by a fine of not more than
28
the greater of the following:
29
(a) $10,000,000;
30
(b) if the court can determine the value of the benefit that the
31
body corporate, and any body corporate related to the body
32
Schedule 1 Strengthening penalties under the Australian Consumer Law
8
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
corporate, have obtained directly or indirectly and that is
1
reasonably attributable to the commission of the offence--3
2
times the value of that benefit;
3
(c) if the court cannot determine the value of that benefit--10%
4
of the annual turnover of the body corporate during the
5
12-month period ending at the end of the month in which the
6
body corporate committed, or began committing, the offence.
7
(3B) An offence against subsection (1) or (2) committed by a person
8
other than a body corporate is punishable on conviction by a fine of
9
not more than $500,000.
10
Defence
11
16 Subsections 158(1), (3), (5) and (7) of Schedule 2 (penalty)
12
Repeal the penalty.
13
17 After subsection 158(10) of Schedule 2
14
Insert:
15
Penalty
16
(10A) An offence against subsection (1), (3), (5) or (7) committed by a
17
body corporate is punishable on conviction by a fine of not more
18
than the greater of the following:
19
(a) $10,000,000;
20
(b) if the court can determine the value of the benefit that the
21
body corporate, and any body corporate related to the body
22
corporate, have obtained directly or indirectly and that is
23
reasonably attributable to the commission of the offence--3
24
times the value of that benefit;
25
(c) if the court cannot determine the value of that benefit--10%
26
of the annual turnover of the body corporate during the
27
12-month period ending at the end of the month in which the
28
body corporate committed, or began committing, the offence.
29
(10B) An offence against subsection (1), (3), (5) or (7) committed by a
30
person other than a body corporate is punishable on conviction by
31
a fine of not more than $500,000.
32
Strengthening penalties under the Australian Consumer Law Schedule 1
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
9
Other
1
18 Subsections 159(1) and (2) of Schedule 2 (penalty)
2
Repeal the penalty.
3
19 At the end of section 159 of Schedule 2
4
Add:
5
Penalty
6
(4) An offence against subsection (1) or (2) committed by a body
7
corporate is punishable on conviction by a fine of not more than
8
the greater of the following:
9
(a) $10,000,000;
10
(b) if the court can determine the value of the benefit that the
11
body corporate, and any body corporate related to the body
12
corporate, have obtained directly or indirectly and that is
13
reasonably attributable to the commission of the offence--3
14
times the value of that benefit;
15
(c) if the court cannot determine the value of that benefit--10%
16
of the annual turnover of the body corporate during the
17
12-month period ending at the end of the month in which the
18
body corporate committed, or began committing, the offence.
19
(5) An offence against subsection (1) or (2) committed by a person
20
other than a body corporate is punishable on conviction by a fine of
21
not more than $500,000.
22
20 Subsections 161(1), (3) and (4) of Schedule 2 (penalty)
23
Repeal the penalty.
24
21 At the end of section 161 of Schedule 2
25
Add:
26
Penalty
27
(7) An offence against subsection (1), (3) or (4) committed by a body
28
corporate is punishable on conviction by a fine of not more than
29
the greater of the following:
30
(a) $10,000,000;
31
Schedule 1 Strengthening penalties under the Australian Consumer Law
10
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
(b) if the court can determine the value of the benefit that the
1
body corporate, and any body corporate related to the body
2
corporate, have obtained directly or indirectly and that is
3
reasonably attributable to the commission of the offence--3
4
times the value of that benefit;
5
(c) if the court cannot determine the value of that benefit--10%
6
of the annual turnover of the body corporate during the
7
12-month period ending at the end of the month in which the
8
body corporate committed, or began committing, the offence.
9
(8) An offence against subsection (1), (3) or (4) committed by a person
10
other than a body corporate is punishable on conviction by a fine of
11
not more than $500,000.
12
22 Subsections 162(1), (2) and (3) of Schedule 2 (penalty)
13
Repeal the penalty.
14
23 At the end of section 162 of Schedule 2
15
Add:
16
Penalty
17
(6) An offence against subsection (1), (2) or (3) committed by a body
18
corporate is punishable on conviction by a fine of not more than
19
the greater of the following:
20
(a) $10,000,000;
21
(b) if the court can determine the value of the benefit that the
22
body corporate, and any body corporate related to the body
23
corporate, have obtained directly or indirectly and that is
24
reasonably attributable to the commission of the offence--3
25
times the value of that benefit;
26
(c) if the court cannot determine the value of that benefit--10%
27
of the annual turnover of the body corporate during the
28
12-month period ending at the end of the month in which the
29
body corporate committed, or began committing, the offence.
30
(7) An offence against subsection (1), (2) or (3) committed by a person
31
other than a body corporate is punishable on conviction by a fine of
32
not more than $500,000.
33
Strengthening penalties under the Australian Consumer Law Schedule 1
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
11
24 Subsections 163(1) and (2) of Schedule 2 (penalty)
1
Repeal the penalty.
2
25 After subsection 163(5) of Schedule 2
3
Insert:
4
Penalty
5
(5A) An offence against subsection (1) or (2) committed by a body
6
corporate is punishable on conviction by a fine of not more than
7
the greater of the following:
8
(a) $10,000,000;
9
(b) if the court can determine the value of the benefit that the
10
body corporate, and any body corporate related to the body
11
corporate, have obtained directly or indirectly and that is
12
reasonably attributable to the commission of the offence--3
13
times the value of that benefit;
14
(c) if the court cannot determine the value of that benefit--10%
15
of the annual turnover of the body corporate during the
16
12-month period ending at the end of the month in which the
17
body corporate committed, or began committing, the offence.
18
(5B) An offence against subsection (1) or (2) committed by a person
19
other than a body corporate is punishable on conviction by a fine of
20
not more than $500,000.
21
Other
22
26 Subsections 164(1) and (2) of Schedule 2 (penalty)
23
Repeal the penalty.
24
27 At the end of section 164 of Schedule 2
25
Add:
26
Penalty
27
(4) An offence against subsection (1) or (2) committed by a body
28
corporate is punishable on conviction by a fine of not more than
29
the greater of the following:
30
(a) $10,000,000;
31
Schedule 1 Strengthening penalties under the Australian Consumer Law
12
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
(b) if the court can determine the value of the benefit that the
1
body corporate, and any body corporate related to the body
2
corporate, have obtained directly or indirectly and that is
3
reasonably attributable to the commission of the offence--3
4
times the value of that benefit;
5
(c) if the court cannot determine the value of that benefit--10%
6
of the annual turnover of the body corporate during the
7
12-month period ending at the end of the month in which the
8
body corporate committed, or began committing, the offence.
9
(5) An offence against subsection (1) or (2) committed by a person
10
other than a body corporate is punishable on conviction by a fine of
11
not more than $500,000.
12
28 Subsection 166(1) of Schedule 2 (penalty)
13
Repeal the penalty.
14
29 At the end of section 166 of Schedule 2
15
Add:
16
Penalty
17
(8) An offence against subsection (1) committed by a body corporate
18
is punishable on conviction by a fine of not more than the greater
19
of the following:
20
(a) $10,000,000;
21
(b) if the court can determine the value of the benefit that the
22
body corporate, and any body corporate related to the body
23
corporate, have obtained directly or indirectly and that is
24
reasonably attributable to the commission of the offence--3
25
times the value of that benefit;
26
(c) if the court cannot determine the value of that benefit--10%
27
of the annual turnover of the body corporate during the
28
12-month period ending at the end of the month in which the
29
body corporate committed, or began committing, the offence.
30
(9) An offence against subsection (1) committed by a person other
31
than a body corporate is punishable on conviction by a fine of not
32
more than $500,000.
33
Strengthening penalties under the Australian Consumer Law Schedule 1
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
13
30 Subsection 167(1) of Schedule 2 (penalty)
1
Repeal the penalty.
2
31 At the end of section 167 of Schedule 2
3
Add:
4
Penalty
5
(3) An offence against subsection (1) committed by a body corporate
6
is punishable on conviction by a fine of not more than the greater
7
of the following:
8
(a) $10,000,000;
9
(b) if the court can determine the value of the benefit that the
10
body corporate, and any body corporate related to the body
11
corporate, have obtained directly or indirectly and that is
12
reasonably attributable to the commission of the offence--3
13
times the value of that benefit;
14
(c) if the court cannot determine the value of that benefit--10%
15
of the annual turnover of the body corporate during the
16
12-month period ending at the end of the month in which the
17
body corporate committed, or began committing, the offence.
18
(4) An offence against subsection (1) committed by a person other
19
than a body corporate is punishable on conviction by a fine of not
20
more than $500,000.
21
32 Subsection 168(1) of Schedule 2 (penalty)
22
Repeal the penalty.
23
33 After subsection 168(2) of Schedule 2
24
Insert:
25
Penalty
26
(2A) An offence against subsection (1) committed by a body corporate
27
is punishable on conviction by a fine of not more than the greater
28
of the following:
29
(a) $10,000,000;
30
(b) if the court can determine the value of the benefit that the
31
body corporate, and any body corporate related to the body
32
Schedule 1 Strengthening penalties under the Australian Consumer Law
14
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
corporate, have obtained directly or indirectly and that is
1
reasonably attributable to the commission of the offence--3
2
times the value of that benefit;
3
(c) if the court cannot determine the value of that benefit--10%
4
of the annual turnover of the body corporate during the
5
12-month period ending at the end of the month in which the
6
body corporate committed, or began committing, the offence.
7
(2B) An offence against subsection (1) committed by a person other
8
than a body corporate is punishable on conviction by a fine of not
9
more than $500,000.
10
Other
11
34 Subsections 194(1), (2), (3) and (5) of Schedule 2 (penalty)
12
Repeal the penalty.
13
35 At the end of section 194 of Schedule 2
14
Add:
15
Penalty
16
(8) An offence against subsection (1), (2), (3) or (5) committed by a
17
body corporate is punishable on conviction by a fine of not more
18
than the greater of the following:
19
(a) $10,000,000;
20
(b) if the court can determine the value of the benefit that the
21
body corporate, and any body corporate related to the body
22
corporate, have obtained directly or indirectly and that is
23
reasonably attributable to the commission of the offence--3
24
times the value of that benefit;
25
(c) if the court cannot determine the value of that benefit--10%
26
of the annual turnover of the body corporate during the
27
12-month period ending at the end of the month in which the
28
body corporate committed, or began committing, the offence.
29
(9) An offence against subsection (1), (2), (3) or (5) committed by a
30
person other than a body corporate is punishable on conviction by
31
a fine of not more than $500,000.
32
Strengthening penalties under the Australian Consumer Law Schedule 1
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
15
36 Subsections 195(1) and (2) of Schedule 2 (penalty)
1
Repeal the penalty.
2
37 At the end of section 195 of Schedule 2
3
Add:
4
Penalty
5
(4) An offence against subsection (1) or (2) committed by a body
6
corporate is punishable on conviction by a fine of not more than
7
the greater of the following:
8
(a) $10,000,000;
9
(b) if the court can determine the value of the benefit that the
10
body corporate, and any body corporate related to the body
11
corporate, have obtained directly or indirectly and that is
12
reasonably attributable to the commission of the offence--3
13
times the value of that benefit;
14
(c) if the court cannot determine the value of that benefit--10%
15
of the annual turnover of the body corporate during the
16
12-month period ending at the end of the month in which the
17
body corporate committed, or began committing, the offence.
18
(5) An offence against subsection (1) or (2) committed by a person
19
other than a body corporate is punishable on conviction by a fine of
20
not more than $500,000.
21
38 Subsections 197(1), (2), (3) and (5) of Schedule 2 (penalty)
22
Repeal the penalty.
23
39 At the end of section 197 of Schedule 2
24
Add:
25
Penalty
26
(8) An offence against subsection (1), (2), (3) or (5) committed by a
27
body corporate is punishable on conviction by a fine of not more
28
than the greater of the following:
29
(a) $10,000,000;
30
(b) if the court can determine the value of the benefit that the
31
body corporate, and any body corporate related to the body
32
Schedule 1 Strengthening penalties under the Australian Consumer Law
16
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
corporate, have obtained directly or indirectly and that is
1
reasonably attributable to the commission of the offence--3
2
times the value of that benefit;
3
(c) if the court cannot determine the value of that benefit--10%
4
of the annual turnover of the body corporate during the
5
12-month period ending at the end of the month in which the
6
body corporate committed, or began committing, the offence.
7
(9) An offence against subsection (1), (2), (3) or (5) committed by a
8
person other than a body corporate is punishable on conviction by
9
a fine of not more than $500,000.
10
40 Subsections 198(1) and (2) of Schedule 2 (penalty)
11
Repeal the penalty.
12
41 At the end of section 198 of Schedule 2
13
Add:
14
Penalty
15
(4) An offence against subsection (1) or (2) committed by a body
16
corporate is punishable on conviction by a fine of not more than
17
the greater of the following:
18
(a) $10,000,000;
19
(b) if the court can determine the value of the benefit that the
20
body corporate, and any body corporate related to the body
21
corporate, have obtained directly or indirectly and that is
22
reasonably attributable to the commission of the offence--3
23
times the value of that benefit;
24
(c) if the court cannot determine the value of that benefit--10%
25
of the annual turnover of the body corporate during the
26
12-month period ending at the end of the month in which the
27
body corporate committed, or began committing, the offence.
28
(5) An offence against subsection (1) or (2) committed by a person
29
other than a body corporate is punishable on conviction by a fine of
30
not more than $500,000.
31
42 Subsections 199(1) and (2) of Schedule 2 (penalty)
32
Repeal the penalty.
33
Strengthening penalties under the Australian Consumer Law Schedule 1
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Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
17
43 At the end of section 199 of Schedule 2
1
Add:
2
Penalty
3
(4) An offence against subsection (1) or (2) committed by a body
4
corporate is punishable on conviction by a fine of not more than
5
the greater of the following:
6
(a) $10,000,000;
7
(b) if the court can determine the value of the benefit that the
8
body corporate, and any body corporate related to the body
9
corporate, have obtained directly or indirectly and that is
10
reasonably attributable to the commission of the offence--3
11
times the value of that benefit;
12
(c) if the court cannot determine the value of that benefit--10%
13
of the annual turnover of the body corporate during the
14
12-month period ending at the end of the month in which the
15
body corporate committed, or began committing, the offence.
16
(5) An offence against subsection (1) or (2) committed by a person
17
other than a body corporate is punishable on conviction by a fine of
18
not more than $500,000.
19
44 Subsections 203(1), (2) and (3) of Schedule 2 (penalty)
20
Repeal the penalty.
21
45 At the end of section 203 of Schedule 2
22
Add:
23
Penalty
24
(9) An offence against subsection (1), (2) or (3) committed by a body
25
corporate is punishable on conviction by a fine of not more than
26
the greater of the following:
27
(a) $10,000,000;
28
(b) if the court can determine the value of the benefit that the
29
body corporate, and any body corporate related to the body
30
corporate, have obtained directly or indirectly and that is
31
reasonably attributable to the commission of the offence--3
32
times the value of that benefit;
33
Schedule 1 Strengthening penalties under the Australian Consumer Law
18
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
(c) if the court cannot determine the value of that benefit--10%
1
of the annual turnover of the body corporate during the
2
12-month period ending at the end of the month in which the
3
body corporate committed, or began committing, the offence.
4
(10) An offence against subsection (1), (2) or (3) committed by a person
5
other than a body corporate is punishable on conviction by a fine of
6
not more than $500,000.
7
46 Subsections 204(1) and (2) of Schedule 2 (penalty)
8
Repeal the penalty.
9
47 At the end of section 204 of Schedule 2
10
Add:
11
Penalty
12
(4) An offence against subsection (1) or (2) committed by a body
13
corporate is punishable on conviction by a fine of not more than
14
the greater of the following:
15
(a) $10,000,000;
16
(b) if the court can determine the value of the benefit that the
17
body corporate, and any body corporate related to the body
18
corporate, have obtained directly or indirectly and that is
19
reasonably attributable to the commission of the offence--3
20
times the value of that benefit;
21
(c) if the court cannot determine the value of that benefit--10%
22
of the annual turnover of the body corporate during the
23
12-month period ending at the end of the month in which the
24
body corporate committed, or began committing, the offence.
25
(5) An offence against subsection (1) or (2) committed by a person
26
other than a body corporate is punishable on conviction by a fine of
27
not more than $500,000.
28
48 Subsection 224(3) of Schedule 2 (cell at table items 1, 2, 9,
29
11 and 13, column headed "the pecuniary penalty is not
30
to exceed ... ")
31
Repeal the cell, substitute:
32
(a) if the person is a body
corporate--the greater of the
Strengthening penalties under the Australian Consumer Law Schedule 1
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
19
amounts mentioned in
subsection (3A); or
(b) if the person is not a body
corporate--$500,000.
49 After subsection 224(3) of Schedule 2
1
Insert:
2
(3A) For the purposes of items 1, 2, 9, 11 and 13 of the table in
3
subsection (3), the amounts are as follows:
4
(a) $10,000,000;
5
(b) if the court can determine the value of the benefit that the
6
body corporate, and any body corporate related to the body
7
corporate, have obtained directly or indirectly and that is
8
reasonably attributable to the act or omission--3 times the
9
value of that benefit;
10
(c) if the court cannot determine the value of that benefit--10%
11
of the annual turnover of the body corporate during the
12
12-month period ending at the end of the month in which the
13
act or omission occurred or started to occur.
14
50 In the appropriate position in Chapter 6 of Schedule 2
15
Insert:
16
Part 3--Application provision relating to the
17
Treasury Laws Amendment (2018
18
Measures No. 3) Act 2018
19
20
295 Application of amendments
21
The amendments made by Schedule 1 to the Treasury Laws
22
Amendment (2018 Measures No. 3) Act 2018 apply in relation to
23
acts or omissions that occur on or after the commencement of that
24
Schedule.
25
Schedule 2 Safe harbour for complying with an information standard about free range
eggs
20
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
Schedule 2--Safe harbour for complying with
1
an information standard about free
2
range eggs
3
4
Competition and Consumer Act 2010
5
1 Subsection 2(1) of Schedule 2
6
Insert:
7
egg has the meaning given by subsection 137A(3).
8
free range egg has the meaning given by subsection 137A(4).
9
2 At the end of Part 3-4 of Schedule 2
10
Add:
11
137A Safe harbour for complying with information standards about
12
free range eggs
13
(1) Neither section 18 nor paragraph 29(1)(a) or 151(1)(a) applies to a
14
person in relation to the labelling or displaying of eggs as free
15
range eggs if, when doing so, the person is complying with all
16
requirements:
17
(a) specified in an information standard for eggs; and
18
(b) relating to the labelling or displaying of free range eggs,
19
including requirements about:
20
(i) the use of the words "free range"; or
21
(ii) representing that eggs are free range eggs.
22
(2) If:
23
(a) proceedings are brought against a person in respect of
24
section 18 or paragraph 29(1)(a) or 151(1)(a); and
25
(b) the person seeks to rely on subsection (1) of this section in
26
the proceedings;
27
the person bears an evidential burden in relation to the matters set
28
out in that subsection.
29
Safe harbour for complying with an information standard about free range eggs
Schedule 2
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
21
(3) An egg is an egg laid by a female domestic chicken (Gallus gallus
1
domesticus).
2
(4) Free range egg has the meaning given by the information standard
3
mentioned in paragraph (1)(a).
4
Schedule 3 Confidentiality of information
22
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
No. , 2018
Schedule 3--Confidentiality of information
1
2
Competition and Consumer Act 2010
3
1 Before subsection 44AAF(2)
4
Insert:
5
Authorised use and disclosure
6
2 Subsection 44AAF(2)
7
Omit "as required or permitted", substitute "to the extent required or
8
permitted".
9
3 Subsection 44AAF(2)
10
Omit "taken to be".
11
4 Subsection 44AAF(3) (heading)
12
Repeal the heading.
13
5 Subsection 44AAF(6)
14
Omit "taken to be".
15
6 At the end of section 44AAF
16
Add:
17
(9) Despite subsections (3) to (7), if:
18
(a) any of the following restricts or prohibits the use or
19
disclosure of information:
20
(i) section 18D of the National Electricity Law set out in
21
the Schedule to the National Electricity (South
22
Australia) Act 1996 of South Australia as in force from
23
time to time;
24
(ii) that section applied as a law of another State or
25
Territory; and
26
(b) the use or disclosure of the information would, apart from
27
this subsection, be authorised under this section;
28
the use or disclosure of the information is authorised for the
29
purposes of this section only to the extent that the use or disclosure
30
Confidentiality of information Schedule 3
No. , 2018
Treasury Laws Amendment (2018 Measures No. 3) Bill 2018
23
of the information is required or permitted in accordance with the
1
relevant section mentioned in subparagraph (i) or (ii).
2
7 Application of amendments
3
The amendments made by this Schedule apply to the use or disclosure
4
of information on or after the commencement of this item, regardless of
5
when the information was acquired.
6