Australian Competition and Consumer Commission v Neville [2007] FCA 1583

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Neville [2007] FCA 1583 TRADE PRACTICES – defendant charged with having knowingly given misleading evidence before member of Australian Competition and Consumer Commission in contravention of s 155(5)(b) of Trade Practices Act 1974 (Cth) – plea of guilty – considerations relevant to penalty. Held: defendant fined $2,160 and ordered to perform 200 hours of community service.

Trade Practices Act 1974 (Cth) s 155 Crimes Act 1914 (Cth) ss 4K,16A, 17A, 20, 20AB Crimes (Sentencing Procedure) Act 1999 (NSW) ss 8, 86

Australian Competition and Consumer Commission v GIA Pty Ltd (2002) ATPR 41-902 cited Cameron v The Queen (2002) 209 CLR 339 cited Director of Public Prosecutions (Cth) v El Karhani (1990) 21 NSWLR 370 cited R v Paull (1990) 20 NSWLR 427 cited Siganto v The Queen (1998) 194 CLR 656 cited

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v JOHN PATRICK NEVILLE NSD 606 OF 2007

LINDGREN J

16 October 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 606 OF 2007

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Prosecutor

AND: JOHN PATRICK NEVILLE

Defendant

JUDGE: LINDGREN J DATE OF ORDER: 16 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT:

1. Orders the defendant to pay a fine of $2,160 to the New South Wales District Registry of the Federal Court of Australia within three months from today's date, that is to say, by 16 January 2008.

2. Orders the defendant to perform 200 hours of community service.

3. Directs the defendant to report to the Katoomba District Office of the New South Wales Probation and Parole Service at 3 Civic Place, Katoomba within seven days from today's date.

4. Directs that these orders be entered forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA