Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_198
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 198
Character Range: 2682957–2684413

198  Supplying etc. product related services covered by a ban
 (1) A person commits an offence if:
 (a) the person, in trade or commerce, supplies product related services of a particular kind; and
 (b) either:
 (i) an interim ban on services of that kind is in force in the place where the supply occurs; or
 (ii) a permanent ban on services of that kind is in force.
 (2) A person commits an offence if:
 (a) the person, in trade or commerce, offers for supply product related services of a particular kind; and
 (b) the supply would be prohibited by subsection (1).
 (3) Subsections (1) and (2) are offences of strict liability.

Penalty
 (4) An offence against subsection (1) or (2) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:
 (a) $50,000,000;
 (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;
 (c) if the court cannot determine the value of that benefit—30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
 (5) An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.

Division 3—Recall of consumer goods