Competition and Consumer Act. Australia
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Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
(1) This section applies if a corporation is required to keep, to generate or to publish information or a document under an applicable industry code.
(2) The Commission may give the corporation a written notice that requires the corporation to give the information, or to produce the document, to the Commission within 21 days after the notice is given to the corporation.
(3) The notice must:
(a) name the corporation to which it is given; and
(b) specify:
(i) the information or document to which it relates; and
(ii) the provisions of the applicable industry code which require the corporation to keep, to generate or to publish the information or document; and
(c) explain the effect of sections 51ADE, 51ADF and 51ADG.
(4) The notice may relate to more than one piece of information or more than one document.
51ADE Extending periods for complying with notices
(1) A corporation that has been given a notice under section 51ADD may, at any time within 21 days after the notice was given to the corporation, apply in writing to the Commission for an extension of the period for complying with the notice.
(2) The Commission may, by written notice given to the corporation, extend the period within which the corporation must comply with the notice.
51ADF Compliance with notices
A corporation that is given a notice under section 51ADD must comply with it within:
(a) the period of 21 days specified in the notice; or
(b) if the period for complying with the notice has been extended under section 51ADE — the period as so extended.
51ADG False or misleading information etc.
(1) A corporation must not, in compliance or purported compliance with a notice given under section 51ADD:
(a) give to the Commission false or misleading information; or
(b) produce to the Commission documents that contain false or misleading information.
(2) This section does not apply to:
(a) information that the corporation could not have known was false or misleading; or
(b) the production to the Commission of a document containing false or misleading information if the document is accompanied by a statement of the corporation that the information is false or misleading.
Division 6
Miscellaneous
51AE Regulations relating to industry codes
The regulations may:
(a) prescribe an industry code, or specified provisions of an industry code, for the purposes of this Part; and
(b) declare the industry code to be a mandatory industry code or a voluntary industry code; and
(c) for a voluntary industry code, specify the method by which a corporation agrees to be bound by the code and the method by which it ceases to be so bound (by reference to provisions of the code or otherwise).
51AEA Concurrent operation of State and Territory laws
It is the Parliament’s intention that a law of a State or Territory should be able to operate concurrently with this Part unless the law is directly inconsistent with this Part.
Part VI Enforcement and remedies
75B Interpretation [see Note 2]
(1) A reference in this Part to a person involved in a contravention of a provision of Part IV, IVA, IVB, V or VC, or of section 95AZN, shall be read as a reference to a person who:
(a) has aided, abetted, counselled or procured the contravention;
(b) has induced, whether by threats or promises or otherwise, the contravention;
(c) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or
(d) has conspired with others to effect the contravention.
(2) In this Part, unless the contrary intention appears:
(a) a reference to the Court in relation to a matter is a reference to any court having jurisdiction in the matter;
(b) a reference to the Federal Court is a reference to the Federal Court of Australia; and
(c) a reference to a judgment is a reference to a judgment, decree or order, whether final or interlocutory.
76 Pecuniary penalties
(1) If the Court is satisfied that a person:
(a) has contravened any of the following provisions:
(i) a provision of Part IV (other than section 44ZZRF or 44ZZRG);
(iii) section 95AZN; or
(b) has attempted to contravene such a provision; or
(c) has aided, abetted, counselled or procured a person to contravene such a provision; or
(d) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene such a provision; or
(e) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or
(f) has conspired with others to contravene such a provision;
the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each act or omission by the person to which this section applies, as the Court determines to be appropriate having regard to all relevant matters including the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission, the circumstances in which the act or omission took place and whether the person has previously been found by the Court in proceedings under this Part or Part XIB to have engaged in any similar conduct.
Note: Section 87AA provides that, if boycott conduct is involved in proceedings, the Court must have regard to certain matters in exercising its powers under this Part. (Boycott conduct is defined in subsection 87AA(2).)
(1A) The pecuniary penalty payable under subsection (1) by a body corporate is not to exceed:
(aa) for each act or omission to which this section applies that relates to section 44ZZRJ or 44ZZRK — the greatest of СКАЧАТЬ