Competition and Consumer Act 2010 (Cth)
Section 45AH
Determining guilt
(1) A corporation may be found guilty of an offence against section 45AF or 45AG even if:
(a) each other party to the contract, arrangement or understanding is a person who is not criminally responsible; or
(b) subject to subsection (2), all other parties to the contract, arrangement or understanding have been acquitted of the offence.
Note: Party has an extended meaning—see section 45AC.
(2) A corporation cannot be found guilty of an offence against section 45AF or 45AG if:
(a) all other parties to the contract, arrangement or understanding have been acquitted of such an offence; and
(b) a finding of guilt would be inconsistent with their acquittal.
Previously numbered 44ZZRH
Location: Part IV, Division 1, Subdivision B - Offences
View official version at Federal Register of Legislation
Legislative history
Amended Competition and Consumer Amendment (Competition Policy Reform) Act 2017 (Act 114 of 2017)
The content of this provision did not change - it was simply renumbered.
Introduced by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009
Operative: 24 July 2009
Commentary
History
The insertion of this provision was part of the package of reforms introducing criminal penalties for cartel conduct. The reforms also created a parallel civil cartel prohibition, replacing the former s 45A which dealt directly with price-fixing.
The reforms were initially recommend by the Dawson Committee as part of its 2002-2003 inquiry into the Competition Law provisions of the Trade Practices Act.
More information
See further information and resources on the cartel page.
Last updated: 24 August 2020