Section 78
Criminal proceedings not to be brought for contraventions of Part IV or V [see note 2*]

Criminal proceedings do not lie against a person by reason only that the person:

(a) has contravened a provision of Part IV (other than section 44ZZRF or 44ZZRG); or

(b) has attempted to contravene such a provision;

(c) has aided, abetted, counselled or procured a person to contravene such a provision;

(d) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene such a provision;

(e) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f) has conspired with others to contravene such a provision.

Note 2 provides, relevantly:

... heading to section 78 ... - Schedule 5 (items 36, 50, 54 (Note), 65, 71, 74, 90 and 96) of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (No. 103, 2010) provide as follows:

Schedule 5

...

54

Note: The heading to section 78 is altered by omitting "or V or Australian Consumer Law".

Forthcoming

Forthcoming