Section 163 — Competition and Consumer Act 2010: Assertion of right to payment for unauthorised entries or advertisements

(1) A person commits an offence if the person asserts a right to payment from another person of a charge for placing, in a publication, an entry or advertisement relating to: (a) the other person; or (b) the other person’s profession, business, trade or occupation. (2) A person commits an offence if the person sends to another person an invoice or other document that: (a) states the amount of a payment, or sets out the charge, for placing, in a publication, an entry or advertisement relating to: (i) the other person; or (ii) the other person’s profession, business, trade or occupation; and (b) does not contain a warning statement that complies with the requirements set out in the regulations made for the purposes of section 43(2)(b). (3) Subsections (1) and (2) do not apply if the person proves that he or she knew, or had reasonable cause to believe, that the other person authorised the placing of the entry or advertisement. (4) Subsections (1) and (2) do not apply to an entry or advertisement that is placed in a publication published by a person who is: (a) the publisher of a publication that has an audited circulation of 10,000 copies or more per week, as confirmed by the most recent audit of the publication by a body specified in the regulations made for the purposes of section 43(3)(a); or (b) a body corporate related to such a publisher; or (c) the Commonwealth, a State or a Territory, or an authority of the Commonwealth, a State or a Territory; or (d) a person specified in regulations made for the purposes of section 43(3)(d). (5) Subsections (1) and (2) are offences of strict liability. Penalty (5A) 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) $100,000,000; (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. (5B) 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. Other (6) A person is not taken for the purposes of this section to have authorised the placing of the entry or advertisement, unless: (a) a document authorising the placing of the entry or advertisement has been signed by the person or by another person authorised by him or her; and (b) a copy of the document has been given to the person before the right to payment of a charge for the placing of the entry or advertisement is asserted; and (c) the document specifies: (i) the name and address of the person publishing the entry or advertisement; and (ii) particulars of the entry or advertisement; and (iii) the amount of the charge for the placing of the entry or advertisement, or the basis on which the charge is, or is to be, calculated.