Sch 2 s 204Supplying etc. services that do not comply with information standards

204 Supplying etc. services that do not comply with information standards

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies services of a particular kind; and

(b) an information standard for services of that kind is in force; and

(c) the person has not complied with the standard in relation to the services.

(2) A person commits an offence if:

(a) the person, in trade or commerce, offers for supply services of a particular kind; and

(b) an information standard for services of that kind is in force; and

(c) the person has not complied with the standard in relation to the services.

(3) Subsections (1) and (2) are offences of strict liability.

Penalty

(4) An offence against subsection (1) or (2) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:

(a) $100,000,000;

(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;

(c) if the court cannot determine the value of that benefit—30% of the body corporate’s adjusted turnover during the breach turnover period for the offence.

(5) An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.