Home Page / Reports / Cartels and Criminal Penalties

AustraliaCartels and Criminal Penalties (2008-2009)

Inquiry into the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008
Senate Standing Committee on Economics

About this review

On 4 December 2008, the Senate referred the provisions of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 to the Senate Standing Committee on Economics for report by 20 February 2009. An extension was granted until 26 February.

External linkView Report


Terms of reference

Nothing specific



At the time of referral the Committee comprised:

Senator Hurley (Chair)
Senator Eggleston (Deputy Chair)

Senator Bushby
Senator Cameron
Senator Furner
Senator Joyce
Senator Pratt
Senator Xenophon



The Committee recommended that the Senate pass the bill without alteration. They also recommended the ACCC produce guidelines (after the passage of the legislation) setting out what type of conduct was likely to be treated as criminal.

The report was, however, of poor quality and riddled with errors. See further discussion here.



Submissions were received from the following parties

Shopping Centre Council of Australia (SCCA)
DomGas Alliance
Ergon Energy
Mr Brent Fisse
Speed and Stracey Lawyers
Motor Trades Association of Australia
Consumer Action Law Centre
Mr Bob Baxt
Law Council of Australia
Associate Professor Frank Zumbo
Australian Competition & Consumer Commission (ACCC)

One confidential submission was also received

External linkView the submissions

In addition, evidence was heard on 16 February

External link View Senate Committee Hansard