Section 45AH — Competition and Consumer Act 2010: 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.