Section 45AF — Competition and Consumer Act 2010: 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) $100,000,000; (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.