Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (44 of 2010)

Schedule 2   Enforcement and remedies under the Trade Practices Act 1974

Part 1   Pecuniary penalties

Trade Practices Act 1974

5   At the end of section 85

Add:

(7) If, in proceedings under section 76E against a person other than a body corporate, it appears to the Court that the person has, or may have:

(a) engaged in conduct in contravention of a provision referred to in paragraph (1)(a) of that section; or

(b) engaged in conduct referred to in paragraph (1)(b), (c), (d), (e) or (f) of that section that relates to a contravention of such a provision;

but that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability to a pecuniary penalty under that section.