Trade Practices Commission v TNT Australia Pty Ltd & Ors [1995] FCA 13

CATCHWORDS

TRADE PRACTICES ) CIVIL PENALTIES ) - purpose of imposition of a civil penalty - primacy of deterrence - appropriate penalties for conduct amounting to serious systematic and deliberate defiance of the law - propriety of parties agreeing on a "settlement" involving admissions of liability and a joint submission as to the amounts of penalties - ultimate decision remains that of the Court, but an agreement within the range of proper penalties may be accepted by the Court - public interest that very complex and potentially very lengthy penalty proceedings should be so concluded - entitlement of respondents to a discount for the public benefit conferred by their recognition of their liability and withdrawal of their defences - indication of resolve to comply with the law in future - significance for quantum of penalty of the size of a respondent corporation - significance of any evidence of a corporate culture of compliance - principle that total of penalties should be appropriate for the totality of the contraventions where numerous contraventions flow from a single arrangement or set of arrangements. Trade Practices Act 1974, ss. 45, 45A, 76 and 78. Trade Practices Commission v. Allied Mills Industries Pty Ltd (No 4) (1981) 37 ALR 256 Commerce Commission v. New Zealand Milk Corporation Ltd [1994] 2 NZLR 730 Trade Practices Commission v. Hymix Industries Pty Limited, unreported, Lockhart J., 25 August 1994 Trade Practices Commission v. CC (New South Wales) Pty Limited, unreported, Lindgren J., 24 November 1994 Trade Practices Commission v. Axive Pty Ltd, unreported, Sheppard J., 15 December 1994 Trade Practices Commission v. CSR Limited (1991) ATPR 52,135 Trade Practices Commission v. Stihl Chain Saws (Aust) Pty Ltd (1978) ATPR 17,882 Trade Practices Commission v. Mobil Oil Australia Ltd (1984) 4 FCR 296 Trade Practices Commission v. Prestige Motors Pty Ltd, unreported, Lee J., 18 November 1994 L. Vogel and Son Pty Limited v. Anderson, Minister of State for Customs and Excise for the Commonwealth of Australia (1968) 120 CLR 157 Trade Practices Commission v. Carlton United Breweries Ltd (1990) 24 FCR 532 McDonald v. The Queen (1994) 48 FCR 555 Trade Practices Commission v. Patterson Cheney Pty Ltd (1990) ATPR 51,748 The Queen v. Shannon (1979) 21 SASR 442 R v. Bulger (1990) 2 Qd R 559 Schumacher (1981) 3 A Crim R 441 The Queen v. Hudson (1985) 8 FCR 228 Short v. The Queen, unreported, Davies, von Doussa and Higgins JJ., 13 May 1994 Miller v. Fiona's Clothes Horse of Centre-point Pty Ltd (1989) ATPR 50,515 TRADE PRACTICES COMMISSION v. TNT AUSTRALIA PTY LIMITED & ORS NG 807 of 1992 Burchett J. Sydney 31 January 1995