Australian Competition and Consumer Commission v Rana [2008] FCA 435

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Rana [2008] FCA 435

CRIMINAL LAW – sentencing – aiding, abetting, counselling or procuring the commission of an offence – refusing or failing to comply with a notice – s 155 of Trade Practices Act 1974 (Cth)

Crimes Act 1914 (Cth) s 16A Trade Practices Act 1974 (Cth) s 155 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v MICHEAL RANA

VID 575 of 2007

NORTH J

20 MARCH 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 575 of 2007

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Prosecutor

AND: MICHEAL RANA

Defendant

JUDGE: NORTH J DATE OF ORDER: 20 MARCH 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS:

1. The release of the defendant under paragraph 20(1)(b) of the Crimes Act 1914 (Cth) forthwith upon the defendant giving security by recognisance of $1000 to comply with the following conditions: a) that the defendant is to be of good behaviour for 18 months. THIS ORDER HAS BEEN ISSUED BECAUSE: a) the defendant, Micheal Lee Rana, was charged with the following federal offence: Aided, abetted, counselled or procured the commission of an offence by NuEra Wellness Centre Pty Ltd against paragraph 155(5)(a) of the Trade Practices Act 1974 (Cth), namely that NuEra Wellness Centre Pty Ltd refused or failed to comply with a notice issued to it under subsection 155(1) of the Trade Practices Act 1974 (Cth); and b) the Court has sentenced the defendant to a term of 2 months imprisonment; and c) the Court has decided that the defendant be released forthwith if the defendant complies with the conditions of this Order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 575 of 2007