Commonwealth Numbered Acts

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 47

47. (1) Section 79 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:

"(1) A person who-

   (a)  contravenes;

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

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

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

   (e)  conspires with others to contravene,
a provision of Part V other than section 52, 52A, 65Q or 65R or sub-section
65F (9) is guilty of an offence punishable on conviction-

   (f)  in the case of a person not being a body corporate-by a fine not
        exceeding $20,000; or

   (g)  in the case of a person being a body corporate-by a fine not exceeding
        $100,000."; and

   (b)  by adding at the end the following sub-sections:

"(4) In proceedings under this section against a person for contravening a
provision of Part V, the Court may-

   (a)  grant an injunction under section 80 against the person in relation
        to-

        (i)    the conduct that constitutes, or is alleged to constitute, the
               contravention; or

        (ii)   other conduct of that kind; or

   (b)  make an order under section 80A in relation to the contravention.

"(5) Sections 5, 7 and 7A of the Crimes Act 1914 do not apply in relation to
an offence against sub-section (1).

"(6) A prosecution for an offence against sub-section (1) may be commenced
within 3 years after the commission of the offence.".

(2) Notwithstanding the amendment made by paragraph (1) (a), the provisions of
section 79 of the Principal Act continue to apply, after the commencement of
this section, to and in relation to offences committed before that
commencement as if that amendment had not been made.