Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 94

94 Proceedings for offences

(1) Proceedings for an offence against this Act for which the maximum penalty is less than the higher level penalty amount shall be taken in a summary way under the Justices Act 1886 .

(2) Proceedings for an offence against this Act for which the maximum penalty is the higher level penalty amount or more may be prosecuted either in a summary way under the Justices Act 1886 or on indictment, at the election of the prosecution.

(3) If, under subsection (2) , the prosecution elects to prosecute an offence against this Act in a summary way under the Justices Act 1886 —

(a) the maximum penalty that may be imposed for that offence is half of the maximum penalty stated for the offence; and

Example—

The maximum penalty for an offence against the Australian Consumer Law (Queensland), section 151 (1) (False or misleading representations about goods or services) is $1,100,000 for a body corporate or $220,000 for a person who is not a body corporate. If the offence is prosecuted in a summary way, the maximum penalty that could be imposed for the offence would be $550,000 for a body corporate or $110,000 for a person who is not a body corporate.

(b) for all purposes the offence alleged shall be taken to be a simple offence and not an indictable offence.

(4) If, under subsection (2) , the prosecution elects to prosecute an offence against this Act on indictment—

(a) the tribunal of fact as well as law shall consist of a judge of the court in which the trial takes place sitting alone; and

(b) the Criminal Code with all necessary adaptations shall be read and construed with this Act.

(5) The maximum term of imprisonment that a court may order in default of payment of a penalty imposed under this Act is 1 year.

(6) A proceeding for an offence against this Act may be commenced only by—

(a) an inspector; or

(b) another person, with the commissioner’s approval.

(7) In this section—

"higher level penalty amount" , in relation to a maximum penalty for an offence, means an amount of maximum penalty that is, or that is calculated to be—

(a) if the person committing the offence is a body corporate—$1,100,000; or

(b) if the person committing the offence is not a body corporate—$220,000.

Example of offence for which the maximum penalty is the higher level penalty amount—

The Australian Consumer Law (Queensland), section 194 (1) (Supplying etc. consumer goods that do not comply with safety standards) provides for a penalty of $1,100,000 for a body corporate or $220,000 for a person who is not a body corporate.

Example of offence for which the maximum penalty is calculated to be less than the higher level penalty amount—

Section 45 (1) (Compliance with embargo notice) provides for a maximum penalty of 200 penalty units for a body corporate or 40 penalty units for a person who is not a body corporate. If the value of a penalty unit for that section is $110 (see section 45 (6) ), the maximum penalty for the offence is calculated to be $22,000 for a body corporate or $4,400 for a person who is not a body corporate.