Competition and Consumer Act 2010
Sch 1 s 45AHDetermining guilt
Start here
Get a plain-English read of Sch 1 s 45AH
Turn the raw legal text into a practical explanation grounded in Competition and Consumer Act 2010.
45AH Determining guilt
(1) A person may be found guilty of an offence against section 45AF or 45AG even if:
(a) each other party to the contract, arrangement or understanding is a person who is not criminally responsible; or
(b) subject to subsection (2), all other parties to the contract, arrangement or understanding have been acquitted of the offence.
Note: Party has an extended meaning—see section 45AC.
(2) A person cannot be found guilty of an offence against section 45AF or 45AG if:
(a) all other parties to the contract, arrangement or understanding have been acquitted of such an offence; and
(b) a finding of guilt would be inconsistent with their acquittal.