80Pecuniary penalties relating to restrictive trade practices

1. If the court is satisfied on the application of the Commission that a person—

2. has contravened any of the provisions of Part 2; or
3. has attempted to contravene such a provision; or
4. has aided, abetted, counselled, or procured any other person to contravene such a provision; or
5. has induced, or attempted to induce, any other person, whether by threats or promises or otherwise, to contravene such a provision; or
6. has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of such a provision; or
7. has conspired with any other person to contravene such a provision,—
the court may order the person to pay to the Crown such pecuniary penalty as the court determines to be appropriate.

8. The court must order an individual who has engaged in any conduct referred to in subsection (1) to pay a pecuniary penalty, unless the court considers that there is good reason for not making that order.

9. In determining an appropriate penalty under this section, the court must have regard to all relevant matters, in particular,—

10. any exemplary damages awarded under section 82A; and
11. in the case of a body corporate, the nature and extent of any commercial gain.

12. The amount of any pecuniary penalty must not, in respect of each act or omission, exceed,—

13. in the case of an individual, $500,000; or
14. in any other case, the greater of the following:
    1. $10 million:
    2. either,—
       1. if it can be readily ascertained and if the court is satisfied that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or
       2. if the commercial gain cannot readily be ascertained, 10% of the turnover of the person and all its interconnected bodies corporate (if any) in each accounting period in which the contravention occurred.

15. In proceedings relating to a contravention of section 30, if the defendant claims that an exception in section 31, 32, or 33 applies, it is for the defendant to prove, on the balance of probabilities, that the relevant exception applies.

16. Repealed

17. Repealed

18. Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. However, no proceedings under this section may be commenced 10 years or more after the matter giving rise to the contravention.

19. Where conduct by any person constitutes a contravention of 2 or more provisions of Part 2, proceedings may be instituted under this Act against that person in relation to the contravention of any 1 or more of the provisions; but no person shall be liable to more than 1 pecuniary penalty under this section in respect of the same conduct.