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How fines and penalties are determined

Only a court can determine the fine or penalty to be imposed in any court case.

A number of factors are taken into account by the courts in determining the appropriate fine or level of penalty.

The relevant law sets out the maximum penalty for any contravention. This may be by reference to a monetary amount, a number of ‘penalty units’, or to some other method - for example, turnover.

Criminal breaches

Some breaches of the law are criminal. In these cases a criminal standard of proof applies. This is known as beyond reasonable doubt.

Criminal breaches can result in a monetary fine, which is imposed by the courts as a penalty in criminal proceedings. Criminal breaches by individuals may also result in jail time.

Civil breaches

Some breaches of the law are civil. In these cases, the civil standard of proof applies. This is known as the balance of probabilities.

In civil cases, courts may impose monetary penalties known as pecuniary penalties. Civil breaches do not result in jail time.

Penalty amount

For some breaches, the calculation of the maximum monetary amount of a penalty is determined by reference to ‘penalty units’. The value of a penalty unit is prescribed by the Crimes Act 1914.

On 1 July 2023, the value of a penalty unit increased from $275 to $313.

The values stated on this webpage reflect the penalty unit value from 1 July 2023. For conduct prior to 1 July 2023, the penalty amount will be based on the value of the penalty unit at the time the breach occurred.  

For many other breaches of the Competition and Consumer Act 2010 and Australian Consumer Law, the calculation of the maximum pecuniary penalty is the greater of:

  • $50,000,000
  • if the Court can determine the value of the 'reasonably attributable' benefit obtained, 3 times that value, or
  • if the Court cannot determine the value of the ‘reasonably attributable’ benefit, 30% of the corporation's adjusted turnover during the breach turnover period for the contravention.

The maximum penalties stated on this webpage are the amounts that apply to contravening conduct on or after 10 November 2022. For conduct prior to 10 November 2022, the maximum penalties will be based on those that applied at the time the breach occurred.

For other breaches of the Competition and Consumer Act 2010 and Australian Consumer Law, there are lower maximum pecuniary penalties. Check the legislation for details.

Guidelines on ACCC approach to civil penalties

The penalty to be imposed in any given matter is solely for the Court to determine. However, the ACCC makes submissions to the Court on the appropriate penalty we consider should be imposed. 

The penalty guidelines set out the ACCC’s general approach when determining the penalty we consider appropriate to include in our submissions to the Court. 

The ACCC’s approach to penalties reflects the relevant statutory provisions and the principles established by courts. 

The penalty guidelines will be revised from time to time as appropriate to reflect any changes in the statutory provisions or established principles. 

The penalty guidelines are a publicly available document, promoting greater awareness and transparency in the ACCC’s approach to assessing penalties. 
 

Anti-competitive and restrictive trade practices

Anti-competitive practices

Part IV of the Competition and Consumer Act 2010 prohibits anti-competitive practices such as:

Corporations

The maximum pecuniary penalties for breaches of Part IV are the greater of:

  • $50,000,000
  • if the Court can determine the value of the 'reasonably attributable' benefit obtained, 3 times that value, or
  • if the Court cannot determine the value of the 'reasonably attributable' benefit, 30% of the corporation's adjusted turnover during the breach turnover period for the contravention.

Individuals

The maximum pecuniary penalty for breaches of Part IV is $2,500,000.

Cartels

The Competition and Consumer Act 2010 prohibits cartels under civil law and also makes it a criminal offence for businesses and individuals to engage in cartel conduct.

Corporations

Corporations can face fines for each criminal cartel offence or pecuniary penalties for each civil contravention.

The maximum fine or pecuniary penalty amount is the same as penalties for anti-competitive conduct.

Individuals

Individuals found guilty of criminal cartel conduct could face:

  • up to 10 years in jail, or
  • fines of up to $626,000 per criminal cartel offence (2,000 penalty units).

The maximum pecuniary penalties for civil contraventions of the cartel prohibitions by individuals is $2,500,000.

A corporation must not indemnify its officers against civil liabilities for a contravention of Part IV or legal costs incurred in defending such proceedings.

Secondary boycotts

For secondary boycott conduct that is engaged in for the purpose, and would have or be likely to have the effect of causing a substantial lessening of competition, the maximum pecuniary penalties for corporations are the same as penalties for anti-competitive conduct.

For contraventions of the other secondary boycott conduct provisions, the maximum pecuniary penalties for corporations is $750,000.

Consumer law

Pecuniary penalties

The Australian Consumer Law contains pecuniary penalty provisions prohibiting conduct including:

The maximum pecuniary penalties for these and most other breaches are the same as the penalties for anti-competitive conduct.

The maximum penalties for each breach of these provisions of the Australian Consumer Law are:

Corporations

The greater of:

  • $50,000,000
  • if the Court can determine the value of the 'reasonably attributable' benefit obtained, 3 times that value, or
  • if the Court cannot determine the value of the 'reasonably attributable' benefit, 30% of the corporation's adjusted turnover during the breach turnover period for the contravention.

Individuals

  • $2,500,000.

Infringement notice penalties

The ACCC can issue an infringement notice where we have reasonable grounds to believe a person has breached certain provisions of the Australian Consumer Law including:

  • unconscionable conduct
  • false or misleading representations
  • pyramid selling
  • certain product safety and product information provisions
  • failure to respond to a substantiation notice
  • false or misleading information in response to a substantiation notice.

The penalty amount for each infringement notice varies, depending on the alleged breach. In many cases, it is:

  • $18,780 (60 penalty units) for corporations.
  • $187,800 (600 penalty units) for listed corporations
  • $3,756 (12 penalty units) for individuals.

For other provisions of the Australian Consumer Law, the maximum pecuniary penalties and penalty amounts for infringement notices (where available) are lower. Those for the gift card rules are set out below. Check the legislation for details of other provisions.

    Codes of conduct

    Horticulture code

    Pecuniary penalties

    Maximum pecuniary penalties for breaches of civil penalty provisions under the Horticulture Code of Conduct are $93,900 (300 penalty units).

    Infringement notice penalties

    Where the ACCC has reasonable grounds to believe a person has breached a civil penalty provision in the horticulture code, we can issue an infringement notice.

    Infringement notice penalty amounts are:

    • $15,650 (50 penalty units) for corporations.
    • $3,130 (10 penalty units) for individuals.

    Dairy code

    Pecuniary penalties

    Maximum pecuniary penalties for breaches of civil penalty provisions under the Dairy Code of Conduct are:

    For a processor that is not a small business entity, up to:

    • $93,900 (300 penalty units)

    For a processor that is a small business entity, up to:

    • $31,300 (100 penalty units)

    For a farmer, up to:

    • $31,300 (100 penalty units)

    Infringement notice penalties

    Where the ACCC has reasonable grounds to believe a person has breached a civil penalty provision in the dairy code, we can issue an infringement notice. Infringement notice penalty amounts are:

    • $15,650 (50 penalty units) for corporations
    • $3,130 (10 penalty units) for individuals 

    Franchising code

    Pecuniary penalties

    The Franchising Code of Conduct contains pecuniary penalties for breaches of certain provisions.

    The maximum pecuniary penalty amount varies depending on the alleged contravention. In most cases it is $187,800 (600 penalty units) 

    There are greater pecuniary penalties for contraventions of certain civil penalty provisions of the franchising code:

    • disclosure of materially relevant facts (cl 17(1) and (2))
    • restricting the freedom of association of franchisees or prospective franchisees (cl 33), and
    • terms of agreement for new vehicle dealership agreements (cl 46A(1)-(3) and cl 46B).

    For these provisions, the maximum pecuniary penalty per contravention for corporations is the greater of:

    • $10,000,000
    • if the Court can determine the value of the 'reasonably attributable' benefit obtained, 3 times that value, or
    • if the Court cannot determine the value of the 'reasonably attributable' benefit, 10% of annual turnover in preceding 12 months.

    For individuals, the maximum pecuniary penalty per contravention is $500,000.

    Infringement notice penalties

    Where the ACCC has reasonable grounds to believe a person has breached a civil penalty provision in the franchising code, we can issue an infringement notice.

    Infringement notice penalty amounts are:

    • $15,650 (50 penalty units) for corporations.
    • $3,130 (10 penalty units) for individuals.

    Electricity Retail Code

    Pecuniary penalties

    Maximum pecuniary penalties for breaches of civil penalty provisions under the Electricity Retail Code are $93,900 (300 penalty units).

    Infringement notice penalties

    Where the ACCC has reasonable grounds to believe a retailer has breached a civil penalty provision under the Electricity Retail Code, we can issue an infringement notice.

    Infringement notice penalty amounts are $15,650 (50 penalty units) for corporations.

    Gas market conduct

    Part IVBB

    Pecuniary penalties for Avoidance Schemes

    Part IVBB of the Competition and Consumer Act 2010 prohibits the use of schemes to avoid the application of a civil penalty provision of a gas market instrument.

    The maximum pecuniary penalties for a corporation engaging in an avoidance scheme in breach of Part IVBB is the greater of:

    • $50,000,000
    • if the Court can determine the value of the ‘reasonably attributable’ 3 times that value, or
    • if the Court cannot determine the value of the ‘reasonably attributable’ benefit, 30% of the corporation’s adjusted turnover during the breach turnover period for the contravention.

    The maximum pecuniary penalty for an individual engaging in an avoidance scheme in breach of Part IVBB is $2,500,000.

    Infringement notice penalties

    Where the ACCC has reasonable grounds to believe a person has breached certain provisions under Part IVBB, we can issue an infringement notice.

    The infringement notice penalty amounts are:

    • $187,800 (600 penalty units) for corporations
    • $18,780 (60 penalty units) for individuals.

    Pecuniary penalties for failure to comply with statutory notices

    Penalties can be imposed for non-compliance with a notice (including providing false or misleading information or documents) given under Part IVBB. The maximum pecuniary penalties are:

    • $939,000 (3000 penalty units) for corporations
    • $187,800 (600 penalty units) for individuals.

    Gas Price Order

    Pecuniary penalties

    The Gas Price Order contains pecuniary penalties for breaches of certain provisions. The maximum pecuniary penalty amount varies depending on the alleged contravention.

    The maximum pecuniary penalty for a breach of section 8 of the Gas Price Order (the Gas Price Cap) for corporations is the greater of:

    • $50,000,000
    • if the Court can determine the value of the ‘reasonably attributable’ benefit obtained, 3 times that value, or
    • if the Court cannot determine the value of the ‘reasonably attributable’ benefit, 30% of the corporation's adjusted turnover during the breach turnover period for the contravention.

    For individuals, the maximum pecuniary penalty is $2,500,000.

    For non-compliance with a condition of a price cap exemption granted under section 20 of the Gas Price Order, the maximum pecuniary penalty is:

    • $939,000 (3000 penalty units) for corporations
    • $187,800 (600 penalty units) for individuals.

    Infringement notices

    Where the ACCC has reasonable grounds to believe that a person has breached a civil penalty provision in the Gas Price Order, we can issue an infringement notice. Infringement notice penalty amounts are:

    • $187,800 (600 penalty units) for corporations
    • $18,780 (60 penalty units) for individuals.

    Gas Market Code

    Pecuniary penalties

    There are 3 ‘tiers’ of pecuniary penalties for a breach of a provision of the Gas Market Code.

    Tier 1

    Tier 1 pecuniary penalties apply to breaches of the following provisions:

    • Price rules (sections 26-28).
    • Good faith (sections 30-31).
    • Compliance with exemption conditions (section 73).

    The maximum penalty for corporations is the greater of:

    • $50 million, or
    • if the Court can determine the ‘reasonably attributable’ benefit obtained, 3 times that value, or
    • if the court cannot determine the value of the ‘reasonably attributable’ benefit, 30% of the corporation’s adjusted turnover during the breach turnover period for the offence.

    The maximum penalty for an individual is $2,500,000.

    Tier 2

    Tier 2 pecuniary penalties apply to breaches of the following provisions:

    • Negotiation requirements (sections 10-21)
    • Procedural rules for agreements (sections 24-25).

    The maximum penalty is:

    • $1,878,000 (6,000 penalty units) for corporations
    • $375,600 (1,200 penalty units) for individuals.
    Tier 3

    Tier 3 pecuniary penalties apply to breaches of the following provisions:

    • Record keeping, information and publication (sections 33-41)
    • Obligation to provide additional or corrected information (section 74).

    The maximum penalty is:

    • $939,000 (3000 penalty units) for corporations
    • $187,800 (600 penalty units) for individuals.

    Infringement notice penalties

    Where the ACCC has reasonable grounds to believe a person has breached a civil penalty provision in the Gas Market Code (except for sections 30-31), we can issue an infringement notice.

    Infringement notice penalty amounts are:

    • $187,800 (600 penalty units) for corporations
    • $18,780 (60 penalty units) for individuals.

    Gift card rules

    Pecuniary penalties

    The maximum pecuniary penalty for a breach of the rules for gift cards is:

    • $30,000 for corporations.
    • $6,000 for individuals.

    Infringement notice penalties

    Where the ACCC has reasonable grounds to believe a breach of the gift card provisions has occurred, we can issue an infringement notice.

    Infringement notice penalties for the gift card provisions are:

    • $17,215 (55 penalty units) for corporations.
    • $3,443 (11 penalty units) for individuals.

    Motor vehicle information scheme

    Pecuniary penalties

    Significant penalties apply to data providers for failing to comply with the obligations of the scheme.

    A failure to comply with the main obligations of the scheme can attract maximum pecuniary penalties of:

    • $10 million for corporations.

    • $500,000 for individuals.

    Infringement notice penalties

    The ACCC can issue an infringement notice where we have reasonable grounds to believe a person has breached certain provisions of the scheme. Infringement notice penalties for these provisions are:

    • $187,800 (600 penalty units) for corporations.
    • $37,560 (120 penalty units) for individuals.

    Payment surcharges

    Pecuniary penalties

    The maximum pecuniary penalty for breaches of the prohibition against excessive payment surcharges is:

    • $2,025,423 (6,471 penalty units) for corporations.
    • $405,335 (1,295 penalty units) for individuals.

    Infringement notice penalties

    Where the ACCC has reasonable grounds to believe that a business has charged a payment surcharge which is excessive, we can issue an infringement notice:

    • $18,780 (60 penalty units) for corporations.
    • $187,800 (600 penalty units) for listed corporations.
    • $3,756 (12 penalty units) for individuals.

    Statutory notices and enforceable undertakings non-compliance

    Penalties can be imposed for non-compliance with a section 155 notice.

    Penalties

    The Court can impose:

    • a fine of up to $156,500 (500 penalty units) for non-compliance by corporations.
    • a fine of up to $31,300 (100 penalty units) or 2 years imprisonment for non-compliance by individuals.

    Under section 87B, where a person has breached an enforceable undertaking, the court can (on application by the ACCC) make an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person obtained directly or indirectly that can be reasonably attributed to the breach.

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