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COMPETITION AND CONSUMER ACT 2010 - SECT 79

Offences against section 45AF or 45AG

  (1)   A person who:

  (aa)   attempts to contravene; or

  (a)   aids, abets, counsels or procures a person to contravene; or

  (b)   induces, or attempts to induce, a person (whether by threats or promises or otherwise) to contravene; or

  (c)   is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of; or

  (d)   conspires with others to contravene;

a cartel offence provision is taken to have contravened that provision and is punishable:

  (e)   in a case where:

  (i)   the provision is a cartel offence provision; and

  (ii)   the person is not a body corporate;

    by a term of imprisonment not exceeding 10 years or a fine not exceeding 2,000 penalty units, or both; or

  (f)   in any other case--accordingly.

  (1AA)   For the purposes of the application of subsection   (1) to a case where:

  (a)   the provision is a cartel offence provision; and

  (b)   the person is a body corporate other than a corporation;

assume that each reference in paragraph   45AF(3)(c) or 45AG(3)(c) to a corporation were read as a reference to a body corporate.

  (1AB)   Subsections   11.1(2) to (6) (inclusive) of the Criminal Code apply in relation to paragraph   (1)(aa) in the same way that they apply in relation to the offence of attempt under subsection   11.1(1) of the Criminal Code .

  (1A)   Subsections   11.2(2) to (5) (inclusive) of the Criminal Code apply in relation to paragraph   (1)(a) in the same way that they apply in relation to subsection   11.2(1) of the Criminal Code .

  (1B)   Subsections   11.5(2) to (5) (inclusive) of the Criminal Code apply in relation to paragraph   (1)(d) in the same way that they apply in relation to the offence of conspiracy under subsection   11.5(1) of the Criminal Code .

  (5)   Subsections   11.1(1), 11.2(1), 11.2A(1), 11.4(1) and 11.5(1) of the Criminal Code do not apply in relation to an offence against a cartel offence provision.

  (7)   In this section:

"cartel offence provision" means section   45AF or 45AG.


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