Civil action for recovery of pecuniary penalties
(1) The Commission may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in section 151BX. (2) A proceeding under subsection (1) may be commenced within 6 years after the contravention. (3) A proceeding under subsection (1) must not be instituted in relation to: (a) a contravention of the competition rule; or (b) attempting to contravene the competition rule; or (c) aiding, abetting, counselling or procuring a person to contravene the competition rule; or (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene the competition rule; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, a contravention by a person of the competition rule; or (f) conspiring with others to contravene the competition rule; unless: (g) in a case where paragraph (a) applies—the alleged conduct is of a kind dealt with in a Part A competition notice that was in force in relation to the carrier or carriage service provider concerned at the time when the alleged conduct occurred; or (h) in any other case—the alleged conduct is related to conduct of a kind dealt with in a Part A competition notice that was in force in relation to the carrier or carriage service provider concerned at the time when the alleged conduct occurred.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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