Competition and Consumer Act 2010 (Cth)
Section 45AI
Determining guilt
If a prosecution against a person for an offence against section 45AF or 45AG is being, or has been, heard by a court, the court may:
(a) grant an injunction under section 80 against the person in relation to:
(i) the conduct that constitutes, or is alleged to constitute, the offence; or
(ii) other conduct of that kind; or
(b) make an order under section 86C, 86D, 86E or 87 in relation to the offence.
Previously numbered 44ZZRI
Location: Part IV, Division 1, Subdivision B - Offences
View official version at Federal Register of Legislation
Legislative history
Amended Competition and Consumer Amendment (Competition Policy Reform) Act 2017 (Act 114 of 2017)
The content of this provision did not change - it was simply renumbered.
Introduced by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009
Operative: 24 July 2009
Commentary
History
The insertion of this provision was part of the package of reforms introducing criminal penalties for cartel conduct. The reforms also created a parallel civil cartel prohibition, replacing the former s 45A which dealt directly with price-fixing.
The reforms were initially recommend by the Dawson Committee as part of its 2002-2003 inquiry into the Competition Law provisions of the Trade Practices Act.
More information
See further information and resources on the cartel page.
Last updated: 24 August 2020