Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:1_45af
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 1 cl 45AF
Character Range: 2303415–2304615

45AF  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) $50,000,000;
 (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—30% of the corporation's adjusted turnover during the breach turnover period for 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.