FEDERAL COURT OF AUSTRALIA Australian Competition & Consumer Commission v NuEra Wellness Centre Pty Ltd [2008] FCA 436 CRIMINAL LAW – sentencing – refusing or failing to comply with a notice – s 155 of Trade Practices Act 1974 (Cth) AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v NUERA WELLNESS CENTRE PTY LTD VID 576 of 2007 NORTH J 20 MARCH 2008 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VID 576 of 2007 BETWEEN: AUSTRALIAN COMPETITION CONSUMER COMMISSION Prosecutor AND: NUERA WELLNESS CENTRE PTY LTD Defendant JUDGE: NORTH J DATE OF ORDER: 20 MARCH 2008 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: 1. The NuEra Wellness Centre Pty Ltd is convicted of failing to comply with s 155(5)(a) of the Trade Practices Act 1974 (Cth). 2. The NuEra Wellness Centre Pty Ltd is fined $6000 of that offence. 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 576 of 2007 BETWEEN: AUSTRALIAN COMPETITION CONSUMER COMMISSION Prosecutor AND: NUERA WELLNESS CENTRE PTY LTD Defendant JUDGE: NORTH J DATE: 20 MARCH 2008 PLACE: MELBOURNE REASONS FOR JUDGMENT 1 NuEra Wellness Centre Pty Ltd (the company) was charged under s 155(5)(a) of the Trade Practices Act 1974 (Cth) (the Act) of refusing or failing to comply with a notice issued to it under s 155(1) of the Act. The offence took place on 22 November 2006. The company entered a plea of guilty to the offence on 22 December 2007. 2 This offence is a reflection of the conduct of Micheal Rana, sole director of the company at the time of the offence, but under the influence of Paul Rana. 3 The circumstances of Micheal Rana's wrongdoing are set out in the reasons for judgment in Australian Competition and Consumer Commission v Rana [2008] FCA 435. The wrongdoing is of a serious order and on this basis the appropriate penalty is a fine of $6000. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North. Associate: Dated: 15 July 2008 Counsel for the Prosecution: Ms R Orr Solicitor for the Prosecution: Commonwealth Director of Public Prosecutions Counsel for the Defendant: Mr T Alexander Date of Hearing: 22 December 2007, 18 & 25 February & 20 March 2008 Date of Judgment: 20 March 2008