Federal Court of Australia
Federal Court of Australia
Minister for the Environment v ACN 089 171 415 Pty Ltd [2020] FCA 1557 File number(s): VID 1291 of 2019
Judgment of: MORTIMER J
Date of judgment: 27 October 2020
Catchwords: CIVIL PENALTY – admitted contravention under Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) – whether penalty proposed appropriate having regard to all the relevant circumstances – consideration of relevant matters in determining amount of pecuniary penalty – orders made in accordance with parties' proposal
Legislation: Clean Energy (Consequential Amendments) Act 2011 (Cth) Clean Energy Act 2011 (Cth) Clean Energy Legislation (Carbon Tax Repeal) Act 2014 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) s 21 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) ss 13(1), 13A, 65AC
Cases cited: Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Limited [2016] FCA 1516; 118 ACSR 124 Australian Competition and Consumer Commission v Bupa Aged Care Australia Pty Ltd [2020] FCA 602 Australian Competition and Consumer Commission v Medibank Private Limited [2020] FCA 1030; 146 ACSR 181 Australian Competition and Consumer Commission v Reckit Benckiser (Australia) Pty Ltd [2016] FCAFC 181 Australian Competition and Consumer Commission v Sony Interactive Entertainment Network Europe Limited [2020] FCA 787; 391 ALR 531 Australian Securities and Investments Commission v AXIS International Management Pty Ltd [2009] FCA 852; 178 FCR 485 CFMMEU v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126; 265 FCR 208 Clarence City Council v Commonwealth of Australia [2020] FCAFC 134; 382 ALR 273 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Elias v The Queen [2013] HCA 31; 248 CLR 483 Forster v Jododex Australia Pty Ltd [1972] HCA 61; 127 CLR 421 Markarian v The Queen [2005] HCA 25; 228 CLR 357
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate