Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:2_76f
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 2 cl 76F
Character Range: 38016–40181

76F  Pecuniary penalties under section 76E and offences
 (1) The Court must not make an order under section 76E against a person in relation to either of the following matters (a consumer protection breach):
 (a) a contravention of a provision referred to in paragraph 76E(1)(a);
 (b) conduct referred to in paragraph 76E(1)(b), (c), (d), (e) or (f) that relates to a contravention of a provision referred to in paragraph 76E(1)(a);
if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the consumer protection breach.
 (2) Proceedings for an order under section 76E against a person in relation to a consumer protection breach are stayed if:
 (a) criminal proceedings are started or have already been started against the person for an offence; and
 (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the consumer protection breach.
The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings are dismissed.
 (3) Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a consumer protection breach regardless of whether an order under section 76E has been made against the person in respect of the breach.
 (4) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:
 (a) the individual previously gave the evidence or produced the documents in proceedings for an order under section 76E against the individual in relation to a consumer protection breach (whether or not the order was made); and
 (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the consumer protection breach.
However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the order.
Note: The heading to section 76 is altered by adding at the end "—restrictive trade practices etc.".