Competition and Consumer Amendment (Industry Code Penalties) Act 2014 (Cth)

Competition and Consumer Amendment (Industry Code Penalties) Act 2014

No. 107, 2014

An Act to amend the Competition and Consumer Act 2010, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Competition and Consumer Act 2010

Competition and Consumer Amendment (Industry Code Penalties) Act 2014 No. 107, 2014

An Act to amend the Competition and Consumer Act 2010, and for related purposes

[Assented to 24 September 2014]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Competition and Consumer Amendment (Industry Code Penalties) Act 2014.

2 Commencement This Act commences on 1 January 2015.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Competition and Consumer Act 2010

1 Subsection 51ACA(1) Insert: infringement notice means an infringement notice issued under subsection 51ACD(1). infringement notice compliance period: see subsection 51ACI(1).

2 Section 51AD Renumber as section 51ACB.

3 After Division 2 of Part IVB Insert:

Division 2A—Infringement notices

51ACC Purpose and effect of this Division (1) The purpose of this Division is to provide for the issue of an infringement notice to a person for an alleged contravention of a civil penalty provision of an industry code as an alternative to proceedings for an order under section 76 for the payment of a pecuniary penalty. (2) This Division does not: (a) require an infringement notice to be issued to a person for an alleged contravention of a civil penalty provision of an industry code; or (b) affect the liability of a person to proceedings under section 76 in relation to an alleged contravention of a civil penalty provision of an industry code if: (i) an infringement notice is not issued to the person for the contravention; or (ii) an infringement notice issued to the person for the contravention is withdrawn under section 51ACJ; or (c) prevent a court from imposing a higher penalty than the penalty specified in the infringement notice if the person does not comply with the notice.