Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (59 of 2009)

Schedule 1   Amendments relating to cartel conduct etc.

Trade Practices Act 1974

23   Before paragraph 76(1A)(a)

Insert:

(aa) for each act or omission to which this section applies that relates to section 44ZZRJ or 44ZZRK - the greatest of the following:

(i) $10,000,000;

(ii) if the court can determine the total value of the benefits that have been obtained (within the meaning of Division 1 of Part IV) by one or more persons and that are reasonably attributable to the act or omission - 3 times that total value;

(iii) if the Court cannot determine the total value of those benefits - 10% of the annual turnover (within the meaning of Division 1 of Part IV) of the body corporate during the period (the turnover period ) of 12 months ending at the end of the month in which the act or omission occurred; and