Penalties for breaching your obligations
The maximum civil pecuniary penalty for a body corporate is the greater of:
- $10 million, or
- three times the value of the benefit obtained from the offence, or act or omission, by the body corporate and any related bodies corporate if the benefit obtained can be determined by the court, or
- if the court cannot determine the value of the benefit, 10 per cent of the annual turnover of the body corporate.
The maximum penalty for a person is $500,000.
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Your obligation
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Civil penalty section of the Act
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Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law
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You must not, in trade or commerce, engage in conduct that is unconscionable within the meaning of the unwritten law.
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224(3)
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20
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You must not, in trade or commerce, in connection with the possible supply of goods or services, engage in conduct that is unconscionable.
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224(3)
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21(1)
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You must not, in trade or commerce, in connection with: (a) the possible supply of goods or services to another person (other than a listed public company); or (b) the possible acquisition of goods or services from another person (other than a listed public company); engage in conduct that is unconscionable.
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224(3)
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22(1)
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