Document ID: chunk:federal_register_of_legislation:C2025C00189:section:151by
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 151BY
Character Range: 1804977–1806419

151BY  Civil action for recovery of pecuniary penalties
 (1) The Commission may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in section 151BX.
 (2) A proceeding under subsection (1) may be commenced within 6 years after the contravention.
 (3) A proceeding under subsection (1) must not be instituted in relation to:
 (a) a contravention of the competition rule; or
 (b) attempting to contravene the competition rule; or
 (c) aiding, abetting, counselling or procuring a person to contravene the competition rule; or
 (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene the competition rule; or
 (e) being in any way, directly or indirectly, knowingly concerned in, or party to, a contravention by a person of the competition rule; or
 (f) conspiring with others to contravene the competition rule;
unless:
 (g) in a case where paragraph (a) applies—the alleged conduct is of a kind dealt with in a Part A competition notice that was in force in relation to the carrier or carriage service provider concerned at the time when the alleged conduct occurred; or
 (h) in any other case—the alleged conduct is related to conduct of a kind dealt with in a Part A competition notice that was in force in relation to the carrier or carriage service provider concerned at the time when the alleged conduct occurred.