151BYCivil action for recovery of pecuniary penalties

151BY 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.