Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TREASURY LAWS AMENDMENT (2018 MEASURES NO. 3) ACT 2018 (NO. 93, 2018) - SCHEDULE 1

Strengthening penalties under the Australian Consumer Law

   

Competition and Consumer Act 2010

Subsection 2(1) of Schedule 2

Insert:

"annual turnover " , of a body corporate during a 12-month period, means the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during the 12-month period, other than:

                     (a)  supplies made from any of those bodies corporate to any other of those bodies corporate; or

                     (b)  supplies that are input taxed; or

                     (c)  supplies that are not for consideration (and are not taxable supplies under section 72-5 of the A New Tax System (Goods and Services Tax) Act 1999 ); or

                     (d)  supplies that are not made in connection with an enterprise that the body corporate carries on; or

                     (e)  supplies that are not connected with Australia.

Expressions used in this definition that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.

Subsection 151(1) of Schedule 2 (penalty)

Repeal the penalty.

3  At the end of section 151 of Schedule 2

Add:

Penalty

             (5)  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 body corporate committed, or began committing, the offence.

             (6)  An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

Subsection 152(1) of Schedule 2 (penalty)

Repeal the penalty.

5  After subsection 152(2) of Schedule 2

Insert:

Penalty

          (2A)  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 body corporate committed, or began committing, the offence.

          (2B)  An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

Other

Subsection 153(1) of Schedule 2 (penalty)

Repeal the penalty.

7  At the end of section 153 of Schedule 2

Add:

Penalty

             (3)  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 body corporate committed, or began committing, the offence.

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

Subsections 154(1) and (2) of Schedule 2 (penalty)

Repeal the penalty.

9  After subsection 154(5) of Schedule 2

Insert:

Penalty

          (5A)  An offence against subsection (1) or (2) 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 body corporate committed, or began committing, the offence.

          (5B)  An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

Other

10  Subsection 155(1) of Schedule 2 (penalty)

Repeal the penalty.

11  At the end of section 155 of Schedule 2

Add:

Penalty

             (3)  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 body corporate committed, or began committing, the offence.

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

12  Subsection 156(1) of Schedule 2 (penalty)

Repeal the penalty.

13  At the end of section 156 of Schedule 2

Add:

Penalty

             (3)  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 body corporate committed, or began committing, the offence.

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

14  Subsections 157(1) and (2) of Schedule 2 (penalty)

Repeal the penalty.

15  After subsection 157(3) of Schedule 2

Insert:

Penalty

          (3A)  An offence against subsection (1) or (2) 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 body corporate committed, or began committing, the offence.

          (3B)  An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

Defence

16  Subsections 158(1), (3), (5) and (7) of Schedule 2 (penalty)

Repeal the penalty.

17  After subsection 158(10) of Schedule 2

Insert:

Penalty

        (10A)  An offence against subsection (1), (3), (5) or (7) 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 body corporate committed, or began committing, the offence.

        (10B)  An offence against subsection (1), (3), (5) or (7) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

Other

18  Subsections 159(1) and (2) of Schedule 2 (penalty)

Repeal the penalty.

19  At the end of section 159 of Schedule 2

Add:

Penalty

             (4)  An offence against subsection (1) or (2) 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 body corporate committed, or began committing, the offence.

             (5)  An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

20  Subsections 161(1), (3) and (4) of Schedule 2 (penalty)

Repeal the penalty.

21  At the end of section 161 of Schedule 2

Add:

Penalty

             (7)  An offence against subsection (1), (3) or (4) 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 body corporate committed, or began committing, the offence.

             (8)  An offence against subsection (1), (3) or (4) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

22  Subsections 162(1), (2) and (3) of Schedule 2 (penalty)

Repeal the penalty.

23  At the end of section 162 of Schedule 2

Add:

Penalty

             (6)  An offence against subsection (1), (2) or (3) 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 body corporate committed, or began committing, the offence.

             (7)  An offence against subsection (1), (2) or (3) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

24  Subsections 163(1) and (2) of Schedule 2 (penalty)

Repeal the penalty.

25  After subsection 163(5) of Schedule 2

Insert:

Penalty

          (5A)  An offence against subsection (1) or (2) 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 body corporate committed, or began committing, the offence.

          (5B)  An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

Other

26  Subsections 164(1) and (2) of Schedule 2 (penalty)

Repeal the penalty.

27  At the end of section 164 of Schedule 2

Add:

Penalty

             (4)  An offence against subsection (1) or (2) 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 body corporate committed, or began committing, the offence.

             (5)  An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

28  Subsection 166(1) of Schedule 2 (penalty)

Repeal the penalty.

29  At the end of section 166 of Schedule 2

Add:

Penalty

             (8)  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 body corporate committed, or began committing, the offence.

             (9)  An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

30  Subsection 167(1) of Schedule 2 (penalty)

Repeal the penalty.

31  At the end of section 167 of Schedule 2

Add:

Penalty

             (3)  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 body corporate committed, or began committing, the offence.

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

32  Subsection 168(1) of Schedule 2 (penalty)

Repeal the penalty.

33  After subsection 168(2) of Schedule 2

Insert:

Penalty

          (2A)  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 body corporate committed, or began committing, the offence.

          (2B)  An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

Other

34  Subsections 194(1), (2), (3) and (5) of Schedule 2 (penalty)

Repeal the penalty.

35  At the end of section 194 of Schedule 2

Add:

Penalty

             (8)  An offence against subsection (1), (2), (3) or (5) 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 body corporate committed, or began committing, the offence.

             (9)  An offence against subsection (1), (2), (3) or (5) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

36  Subsections 195(1) and (2) of Schedule 2 (penalty)

Repeal the penalty.

37  At the end of section 195 of Schedule 2

Add:

Penalty

             (4)  An offence against subsection (1) or (2) 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 body corporate committed, or began committing, the offence.

             (5)  An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

38  Subsections 197(1), (2), (3) and (5) of Schedule 2 (penalty)

Repeal the penalty.

39  At the end of section 197 of Schedule 2

Add:

Penalty

             (8)  An offence against subsection (1), (2), (3) or (5) 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 body corporate committed, or began committing, the offence.

             (9)  An offence against subsection (1), (2), (3) or (5) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

40  Subsections 198(1) and (2) of Schedule 2 (penalty)

Repeal the penalty.

41  At the end of section 198 of Schedule 2

Add:

Penalty

             (4)  An offence against subsection (1) or (2) 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 body corporate committed, or began committing, the offence.

             (5)  An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

42  Subsections 199(1) and (2) of Schedule 2 (penalty)

Repeal the penalty.

43  At the end of section 199 of Schedule 2

Add:

Penalty

             (4)  An offence against subsection (1) or (2) 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 body corporate committed, or began committing, the offence.

             (5)  An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

44  Subsections 203(1), (2) and (3) of Schedule 2 (penalty)

Repeal the penalty.

45  At the end of section 203 of Schedule 2

Add:

Penalty

             (9)  An offence against subsection (1), (2) or (3) 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 body corporate committed, or began committing, the offence.

           (10)  An offence against subsection (1), (2) or (3) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

46  Subsections 204(1) and (2) of Schedule 2 (penalty)

Repeal the penalty.

47  At the end of section 204 of Schedule 2

Add:

Penalty

             (4)  An offence against subsection (1) or (2) 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 body corporate committed, or began committing, the offence.

             (5)  An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

48  Subsection 224(3) of Schedule 2 (cell at table items 1, 2, 9, 11 and 13, column headed "the pecuniary penalty is not to exceed ... ")

Repeal the cell, substitute:

(a) if the person is a body corporate--the greater of the 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

Insert:

          (3A)  For the purposes of items 1, 2, 9, 11 and 13 of the table in subsection (3), the amounts are as follows:

                     (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 act or omission--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 act or omission occurred or started to occur.

50  In the appropriate position in Chapter 6 of Schedule 2

Insert:

Part 3 -- Application provision relating to the Treasury Laws Amendment (2018 Measures No. 3) Act 2018

   

295   Application of amendments

                   The amendments made by Schedule 1 to the Treasury Laws Amendment (2018 Measures No. 3) Act 2018 apply in relation to acts or omissions that occur on or after the commencement of that Schedule.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback