Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_44zzrf
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 44ZZRF
Character Range: 104260–105543

44ZZRF  Making a contract etc. containing a cartel provision

Offence
 (1) A person commits an offence if:
 (a) the person makes a contract or arrangement, or arrives at an understanding; and
 (b) the contract, arrangement or understanding contains a cartel provision.
 (2) The fault element for paragraph (1)(b) is knowledge or belief.

Penalty
 (3) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine not exceeding the greater of the following:
 (a) $10,000,000;
 (b) if the court can determine the total value of the benefits that:
 (i) have been obtained by one or more persons; and
 (ii) are reasonably attributable to the commission of the offence;
  3 times that total value;
 (c) if the court cannot determine the total value of those benefits—10% of the body corporate's annual turnover during the 12‑month period ending at the end of the month in which the body corporate committed, or began committing, the offence.
 (4) An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a term of imprisonment not exceeding 10 years or a fine not exceeding 2,000 penalty units, or both.

Indictable offence
 (5) An offence against subsection (1) is an indictable offence.