Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72

FEDERAL COURT OF AUSTRALIA

Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 TRADE PRACTICES – Civil penalty – contravention of s 10 of the Petroleum Retail Marketing Sites Act 1980 (Cth) – parties present joint submissions on the appropriate pecuniary penalty – direction under Federal Court of Australia Act 1976 (Cth) asking whether the Court must consider whether the proposed amount is within the permissible range and, if so, impose the "agreed" penalty – powers and responsibilities of Court faced with joint submission on penalty. Petroleum Retail Marketing Sites Act 1980 (Cth) ss 3(1), 7, 11, 12, 13(1)(a) Federal Court of Australia Act 1976 (Cth) s 20(1A) Trade Practices Act 1976 (Cth), ss 45, 76 Evidence Act 1995 (Cth), Part 3.4 Commerce Act 1986 (NZ) Petroleum Retail Marketing Sites Regulations 1981 Federal Court Rules O 6 r 17, O 18 r 4

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