Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendments to definitions
Competition and Consumer Act 2010
1 Subsection 4(1)
Insert:
"adjusted turnover " , of a body corporate during a 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 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 the indirect tax zone.
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.
"breach turnover period " , of a body corporate, for an offence, a contravention, or an act or omission, means the longer of the following periods:
(a) the period of 12 months ending at the end of the month in which:
(i) for an offence--the body corporate ceased committing the offence, or was charged with the offence (whichever is earlier); or
(ii) for a contravention--the contravention ceased, or proceedings in relation to the contravention were instituted (whichever is earlier); or
(iii) for an act or omission--the act or omission ceased, or proceedings in relation to the act or omission were instituted (whichever is earlier);
(b) the period ending at the same time as the period determined under paragraph (a) and starting:
(i) for an offence--at the beginning of the month in which the body corporate committed, or began committing, the offence (as the case requires); or
(ii) for a contravention--at the beginning of the month in which the contravention occurred or began occurring (as the case requires); or
(iii) for an act or omission--at the beginning of the month in which the act or omission occurred or began occurring (as the case requires).
Part 2 -- Amendments to competition provisions
Competition and Consumer Act 2010
2 Section 45AB (definition of annual turnover )
Repeal the definition.
3 Section 45AE
Omit "paragraph 76(1A)(aa)", substitute "paragraph 76(1B)(b)".
4 Paragraph 45AF(3)(a)
Omit "$10,000,000", substitute "$50,000,000".
5 Paragraph 45AF(3)(c)
Repeal the paragraph, substitute:
(c) if the court cannot determine the total value of those benefits--30% of the corporation's adjusted turnover during the breach turnover period for the offence.
6 Paragraph 45AG(3)(a)
Omit "$10,000,000", substitute "$50,000,000".
Repeal the paragraph, substitute:
(c) if the court cannot determine the total value of those benefits--30% of the corporation's adjusted turnover during the breach turnover period for the offence.
8 After section 45AI
Insert:
45AIA Section 4AB of the Crimes Act does not apply
Section 4AB of the Crimes Act 1914 does not apply to any provision of this Subdivision.
9 Section 45AB of Schedule 1 (definition of annual turnover )
Repeal the definition.
10 Section 45AE of Schedule 1
Omit "paragraph 76(1A)(aa)", substitute "paragraph 76(1B)(b)".
11 Paragraph 45AF(3)(a) of Schedule 1
Omit "$10,000,000", substitute "$50,000,000".
12 Paragraph 45AF(3)(c) of Schedule 1
Repeal the paragraph, substitute:
(c) if the court cannot determine the total value of those benefits--30% of the corporation's adjusted turnover during the breach turnover period for the offence.
13 Paragraph 45AG(3)(a) of Schedule 1
Omit "$10,000,000", substitute "$50,000,000".
14 Paragraph 45AG(3)(c) of Schedule 1
Repeal the paragraph, substitute:
(c) if the court cannot determine the total value of those benefits--30% of the corporation's adjusted turnover during the breach turnover period for the offence.
15 After section 45AI of Schedule 1
Insert:
45AIA Section 4AB of the Crimes Act does not apply
Section 4AB of the Crimes Act 1914 does not apply to any provision of this Subdivision.
Part 3 -- Amendments to other provisions
Competition and Consumer Act 2010
16 Subparagraph 51AE(2A)(a)(iii)
Omit "annual turnover", substitute "adjusted turnover".
17 Subsection 51AE(2B)
Omit "paragraph 76(1A)(b)", substitute "subsection 76(1C)".
18 Paragraph 56BN(3)(c)
Omit "annual turnover", substitute "adjusted turnover".
19 Subsection 56BN(4)
Repeal the subsection.
20 Paragraph 56CC(2)(c)
Omit "annual turnover", substitute "adjusted turnover".
21 Subsection 56CC(3)
Repeal the subsection.
22 Paragraph 56EV(2)(c)
Omit "annual turnover", substitute "adjusted turnover".
23 Subsection 56EV(3)
Repeal the subsection.
24 Section 57GA
Omit "paragraphs 76(1A)(cc) and (1B)(aac)", substitute "item 11 of the table in subsection 76(1A)".
25 Subsections 76(1A) and (1B)
Repeal the subsections, substitute:
(1A) The pecuniary penalty payable by a person under subsection (1) is not to exceed the amount worked out using the following table.
Amount of pecuniary penalty | |||
| Item | For each act or omission to which this section applies that relates to ... | if the person is a body corporate--the pecuniary penalty is not to exceed ... | if the person is not a body corporate--the pecuniary penalty is not to exceed ... |
| 1 |
section 45AJ or 45AK | the greater of the amounts mentioned in subsection (1B) | $2,500,000 |
| 2 | section 45D, 45DB, 45E or 45EA | $750,000 | (see subsection (2)) |
| 3 | any provision of Part IV not covered by items 1 and 2 of this table (see note 1) |
the greater of the amounts mentioned in subsection (1B) | $2,500,000 (for acts or omissions relating to section 45DA, see subsection (2)) |
4 | a civil penalty provision of an industry code | the amount set out in the civil penalty provision of the industry code | the amount set out in the civil penalty provision of the industry code |
| 5 | a provision of Division 4 of Part IVBA | 6,000 penalty units | $500,000 |
| 6 | section 52ZC, 52ZH, 52ZS or 52ZZE | the greater of the amounts mentioned in subsection (1B) | $2,500,000 |
| 7 | any provision of Part IVBA not covered by items 5 and 6 of this table | 600 penalty units | $500,000 |
| 8 | section 55B, 60C or 60K | 6,471 penalty units | 1,295 penalty units |
| 9 | subsection 56BO(1) or 56BU(1), section 56CD or a civil penalty provision of the consumer data rules not covered by item 10 of this table | the greater of the amounts mentioned in subsection (1C) | $500,000 |
| 10 | a civil penalty provision of the consumer data rules that sets out at its foot a pecuniary penalty indicated by the words "Civil penalty" | the amount of the pecuniary penalty for a body corporate set out at the foot of the provision | the amount of the pecuniary penalty for a person other than a body corporate set out at the foot of the provision |
| 11 | a civil penalty provision of Part IVE described by section 57GA | the number of penalty units for a body corporate set out at the foot of the provision | the number of penalty units for a person other than a body corporate set out at the foot of the provision |
12 | section 92 | $33,000 | $6,600 |
| 13 | a provision of Division 2 of Part XICA | the greater of the amounts mentioned in subsection (1B) | $2,500,000 (see note 2) |
| 14 | any other provision to which this section applies | $10,000,000 | $500,000 |
Note 1: Item 3 also applies to pecuniary penalties ordered under subsection (1) in respect of an act or omission that relates to subsection 10.49A(1), 10.60(1) or 10.65(1): see subsection 10.49A(2), 10.60(2) or 10.65(2).
Note 2: Pecuniary penalties may not be ordered under subsection (1) against certain individuals in relation to contraventions of section 153E, 153F, 153G or 153H in certain circumstances: see section 153ZD.
(1B) For the purposes of items 1, 3, 6 and 13 of the table in subsection (1A), the amounts are as follows:
(a) $50,000,000;
(b) if item 1 or 13 of the table applies, and the Court can determine the total value of the benefits that have been obtained (within the meaning of Division 1 of Part IV) by one or more persons and that are reasonably attributable to the act or omission--3 times that total value;
(c) if item 3 or 6 of the table applies, and 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;
(d) if the Court cannot determine the value of those benefits or that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the act or omission.
(1C) For the purposes of item 9 of the table in subsection (1A), 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 body corporate's adjusted turnover during the 12-month period ending at the end of the month in which the act or omission occurred or started to occur.
26 Subsection 76(4)
Omit "paragraphs (1A)(aa), (a) and (b)", substitute "items 1, 2 and 3 of the table in subsection (1A)".
27 Subsections 76(5) and (6)
Repeal the subsections.
28 Paragraph 151BX(3)(a)
After "for each contravention", insert ", the greater of the following".
29 Subparagraphs 151BX(3)(a)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) if the contravention continued for 21 days or fewer--the sum of $50 million and $1 million for each day that the contravention continued;
(ii) if the contravention continued for more than 21 days--the sum of $71 million and $3 million for each day in excess of 21 that the contravention continued;
(iii) 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 contravention--3 times the value of that benefit;
(iv) if the Court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the contravention; or
30 Paragraph 151BX(4)(b)
Omit "$500,000", substitute "$2.5 million".
Part 4 -- Amendments to the Australian Consumer Law
Competition and Consumer Act 2010
31 Subsection 2(1) of Schedule 2
Insert:
"adjusted turnover " , of a body corporate during a 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 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 the indirect tax zone.
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.
32 Subsection 2(1) of Schedule 2 (definition of annual turnover )
Repeal the definition.
33 Section 2(1) of Schedule 2
Insert:
"breach turnover period " , of a body corporate, for an offence or an act or omission, means the longer of the following periods:
(a) the period of 12 months ending at the end of the month in which:
(i) for an offence--the body corporate ceased committing the offence, or was charged with the offence (whichever is earlier); or
(ii) for an act or omission--the act or omission ceased, or proceedings in relation to the act or omission were instituted (whichever is earlier);
(b) the period ending at the same time as the period determined under paragraph (a) and starting:
(i) for an offence--at the beginning of the month in which the body corporate committed, or began committing, the offence (as the case requires); or
(ii) for an act or omission--at the beginning of the month in which the act or omission occurred or began occurring (as the case requires).
34 Paragraph 151(5)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
35 Paragraph 151(5)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
36 Subsection 151(6) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
37 Paragraph 152(2A)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
38 Paragraph 152(2A)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
39 Subsection 152(2B) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
40 Paragraph 153(3)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
41 Paragraph 153(3)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
42 Subsection 153(4) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
43 Paragraph 154(5A)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
44 Paragraph 154(5A)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
45 Subsection 154(5B) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
46 Paragraph 155(3)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
47 Paragraph 155(3)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
48 Subsection 155(4) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
49 Paragraph 156(3)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
50 Paragraph 156(3)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
51 Subsection 156(4) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
52 Paragraph 157(3A)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
53 Paragraph 157(3A)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
54 Subsection 157(3B) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
55 Paragraph 158(10A)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
56 Paragraph 158(10A)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
57 Subsection 158(10B) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
58 Paragraph 159(4)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
59 Paragraph 159(4)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
60 Subsection 159(5) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
61 Paragraph 161(7)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
62 Paragraph 161(7)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
63 Subsection 161(8) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
64 Paragraph 162(6)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
65 Paragraph 162(6)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
66 Subsection 162(7) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
67 Paragraph 163(5A)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
68 Paragraph 163(5A)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
69 Subsection 163(5B) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
70 Paragraph 164(4)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
71 Paragraph 164(4)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
72 Subsection 164(5) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
73 Paragraph 166(8)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
74 Paragraph 166(8)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
75 Subsection 166(9) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
76 Paragraph 167(3)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
77 Paragraph 167(3)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
78 Subsection 167(4) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
79 Paragraph 168(2A)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
80 Paragraph 168(2A)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
81 Subsection 168(2B) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
82 Paragraph 194(8)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
83 Paragraph 194(8)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
84 Subsection 194(9) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
85 Paragraph 195(4)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
86 Paragraph 195(4)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
87 Subsection 195(5) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
88 Paragraph 197(8)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
89 Paragraph 197(8)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
90 Subsection 197(9) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
91 Paragraph 198(4)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
92 Paragraph 198(4)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
93 Subsection 198(5) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
94 Paragraph 199(4)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
95 Paragraph 199(4)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
96 Subsection 199(5) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
97 Paragraph 203(9)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
98 Paragraph 203(9)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
99 Subsection 203(10) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
100 Paragraph 204(4)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
101 Paragraph 204(4)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
102 Subsection 204(5) of Schedule 2
Omit "$500,000", substitute "$2,500,000".
103 Subsection 224(3) of Schedule 2 (table)
Repeal the table, substitute:
| Amount of pecuniary penalty | |||
| Item | For each act or omission to which this section applies that relates to ... | if the person is a body corporate--the pecuniary penalty is not to exceed ... | if the person is not a body corporate--the pecuniary penalty is not to exceed ... |
| 1 | a provision of Part 2-2 | the greater of the amounts mentioned in subsection (3A) | $2,500,000 |
| 2 | a provision of Part 3-1 (other than section 47(1)) | the greater of the amounts mentioned in subsection (3A) | $2,500,000 |
| 3 | section 47(1) | $5,000 | $1,000 |
| 4 | section 66(2) | $50,000 | $10,000 |
| 5 | a provision of Division 2 of Part 3-2 (other than section 85) |
$50,000 | $10,000 |
| 6 | a provision of Division 3 of Part 3-2 (other than section 96(2)) | $30,000 | $6,000 |
| 7 | section 99B(1), 99C, 99D(1), 99E or 99F(2) | $30,000 | $6,000 |
| 8 | section 100(1) or (3) or 101(3) or (4) | $15,000 | $3,000 |
| 9 |
section 102(2) or 103(2) | $50,000
| $10,000 |
| 10 |
section 106(1), (2), (3) or (5), 107(1) or (2), 118(1), (2), (3) or (5) or 119(1) or (2) | the greater of the amounts mentioned in subsection (3A) | $2,500,000 |
| 11 | section 125(4) |
$16,500
| $3,300 |
| 12 | section 127(1) or (2) | the greater of the amounts mentioned in subsection (3A) | $2,500,000 |
|
13 | section 128(2) or (6), 131(1) or 132(1) | $16,500 | $3,300 |
14 | section 136(1), (2) or (3) or 137(1) or (2) | the greater of the amounts mentioned in subsection (3A) | $2,500,000 |
| 15 |
section 221(1) | $16,500 | $3,300 |
| 16 | section 222(1) |
$27,500 | $5,500 |
104 Paragraph 224(3A)(a) of Schedule 2
Omit "$10,000,000", substitute "$50,000,000".
105 Paragraph 224(3A)(c) of Schedule 2
Repeal the paragraph, substitute:
(c) if the court cannot determine the value of that benefit--30% of the body corporate's adjusted turnover during the breach turnover period for the act or omission.
Part 5 -- Application provisions
Competition and Consumer Act 2010
106 Application of amendments in Parts 1 and 3
The amendments made by Parts 1 and 3 of this Schedule apply in relation to:
(a) offences committed; or
(b) contraventions, or acts or omissions, that occurred;
on or after the commencement of this Schedule.
107 In the appropriate position in Part XIII
Insert:
Division 5 -- Application of amendments made by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022
The amendments made by Part 2 of Schedule 1 to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 apply in relation to offences committed on or after the commencement of that Schedule.
108 In the appropriate position in Chapter 6 of Schedule 2
Insert:
Part 7 -- Application provision relating to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022
304 Application of amendments relating to penalties
The amendments made by Part 4 of Schedule 1 to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 apply in relation to offences committed, or acts or omissions that occurred, on or after the commencement of that Schedule.