Federal Court of Australia
JUDGMENT No. 0./ Ooty ST
CATCHWORDS TRADE PRACTICES - offences - pleas of guilty to contraventions of Act - proceedings for imposition of fines
- factors relevant to assessment of punishment.
Trade Practices Act 1974 Pt.IV, V; s.55, 76, 79; sub-s.53(a) Crimes Act 1914 s.16A
Director of Public Prosecutions (Cth) v. Said XKhodor El Karhani (1990) 21 N.S.W.L.R. 370
Trade Practices Commission v. Stihl Chain Saws (Aust.) Pty. Ltd. (1978) A.T.P.R. 40-091
TRADE PRACTICES COMMISSION Vv. GOLDEN _AUSTRALTA PAPER MANUFACTURERS PTY. LTD.
NO. WAG68 OF 1994
LEE J. PERTH 22 DECEMBER 1994
RECEIVED 29 DEC 1994
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTAY
Svar
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IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY )
)
GENERAL DIVISION WAG68 OF 1994
BETWEEN: TRADE PRACTICES COMMISSION Prosecutor and
GOLDEN AUSTRALIA PAPER MANUFACTURERS PTY. LTD.
Defendant MINUTE OF ORDER JUDGE MAKING ORDER: LEE J. DATE OF ORDER: 22 DECEMBER 1994
WHERE MADE: PERTH THE COURT ORDERS THAT ON ITS OWN PLEA OF GUILTY:
The defendant be convicted of each of the following offences
being Counts 1-4 recited in the summons dated 2 June 1994:
a) contravening sub-s.53(a) of the Trade Practices Act
1974 on 5 May 1993 (Count 1);
b) contravening s.55 of the Trade Practices Act 1974 on
21 July 1993 (Count 2);
c) contravening sub-s.53(a) of the Trade Practices Act
1974 on 21 March 1994 (Count 3);
d) contravening sub-s.53(a) of the Trade Practices Act
1974 on 23 March 1994 (Count 4).
AND FURTHER ORDERS THAT:
1. The defendant be fined the following amounts for each of
the above convictions:
a) Count 1 - $1,500
b) Count 2 - $1,500
c)} Count 3 ~ $3,000
d) Count 4 - $1,000.
2. The defendant pay the prosecutor's costs of the
proceedings.
Note: Settlement and entry of orders is dealt with
in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY )
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