Section 40 — Fair Trading Act 1986: Contraventions of provisions of Part 1 , Part 2 , Part 3 , and Part 4 an offence

40 Contraventions of provisions of Part 1 , Part 2 , Part 3 , and Part 4 an offence (1) Every person who contravenes any of the provisions of Part 1 (except sections 9 , 14(2) , 23 , and 24 ), or Part 2 , or Part 3 or Part 4 of this Act, commits an offence and is liable on summary conviction— (a) In the case of a person other than a body corporate, to a fine not exceeding $60,000; and (b) In the case of a body corporate, to a fine not exceeding $200,000. (1A) Every person who contravenes section 24 commits an offence and is liable on summary conviction to a fine not exceeding $200,000. (2) Where a person is convicted, whether in the same or separate proceedings, of 2 or more offences in respect of contraventions of the same provisions of this Act and those contraventions are of the same or a substantially similar nature and occurred at or about the same time, the aggregate amount of any fines imposed on that person in respect of those convictions shall not exceed the amount of the maximum fine that may be imposed in respect of a conviction for a single offence. (3) Despite section 14 of the Summary Proceedings Act 1957 , proceedings under this section may be commenced at any time within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. Compare: Trade Practices Act 1974 (Aust),

s 79(3) Subsection (1) was amended, as from 8 July 2003, by section 8(1)(a) Fair Trading Amendment Act 2003 (2003 No 31) by substituting the words “ sections 9, 14(2), 23, and 24 ” for the words “ sections 9, 14(2), and 23 ” . See section 16 of that Act as to proceedings already barred and pending proceedings. Subsection (1)(a) was amended, as from 8 July 2003, by section 8(1)(b) Fair Trading Amendment Act 2003 (2003 No 31) by substituting the expression “ $60,000 ” for the expression “ $30,000 ” . See section 16 of that Act as to proceedings already barred and pending proceedings. Subsection (1)(b) was amended, as from 8 July 2003, by section 8(1)(c) Fair Trading Amendment Act 2003 (2003 No 31) by substituting the expression “ $200,000 ” for the expression “ $100,000 ” . See section 16 of that Act as to proceedings already barred and pending proceedings. Subsection (1A) was inserted, as from 8 July 2003, by section 8(2) Fair Trading Amendment Act 2003 (2003 No 31). See section 16 of that Act as to proceedings already barred and pending proceedings. Subsection (3) was substituted, as from 8 July 2003, by section 8(3) Fair Trading Amendment Act 2003 (2003 No 31). See section 16 of that Act as to proceedings already barred and pending proceedings.