Commonwealth Director of Public Prosecutions v Bingo Industries Pty Ltd; Commonwealth Director of Public Prosecutions v Tartak [2024] FCA 121

FEDERAL COURT OF AUSTRALIA

Commonwealth Director of Public Prosecutions v Bingo Industries Pty Ltd; Commonwealth Director of Public Prosecutions v Tartak [2024] FCA 121 File number(s): NSD 647 of 2022 NSD 648 of 2022

Judgment of: WIGNEY J

Date of judgment: 23 February 2024

Catchwords: CRIMINAL LAW – sentencing – cartel conduct – making an arrangement containing a cartel provision – giving effect to a cartel provision – where corporate offender provided collections services and processing services for building and demolition waste in the Sydney metropolitan region – where the offender and its chief executive officer pleaded guilty – consideration of objective seriousness of the cartel offences – consideration of appropriate discounts for mitigating factors including plea of guilty and cooperation with law enforcement agencies – consideration of specific and general deterrence in sentencing cartel conduct – consideration of totality principle and parity with sentence imposed on co-offenders – consideration whether disqualification order should be made under s 86E of the Competition and Consumer Act 2010 (Cth) – appropriate sentence

Legislation: Competition and Consumer Act 2010 (Cth) ss 45AB, 45AF, 45AG, 79(1), 86E, 154X, 155 Corporations Act 2001 (Cth) ss 206B(1), 206G Crimes Act 1914 (Cth) Pt IB, ss 16A, 16AC, 16BA, 16C, 17A, 19AC, 20(1)(b), 20AB Crimes (Sentencing Procedure) Act 1999 (NSW) Pt 2 Div 3, Pt 5, ss 7, 17C, 17D, 66, 67, 69, 73, 73A