Frequently Asked Questions
Q: What are the criminal liabilities for multiple pricing offences?
Section 165 of the Australian Consumer Law sets out multiple pricing offences that are the same as the civil pecuniary penalties. Additionally, a body corporate or other persons committing an offence against s 165 is one of strict liability. Therefore, intent is not a consideration for a person committing the offence.
We can turn to the Secondary Explanatory Memorandum for more context in relation to the offence:
“The strict liability nature of the offence reflects the potential for widespread detriment, both financially for individual consumers and for its effect on the market and consumer confidence more generally, that can be caused by a person that breaches this provision, whether or not he or she intended to engage in the contravention.