CDPP v Vina Money Transfer Pty Ltd

Federal Court of Australia
[2022] FCA 665 (9 June 2022)
Justice Abraham

Catchwords

CRIMINAL LAW – sentencing – cartel conduct –corporate offender pleaded guilty to giving effect to cartel provisions – individual offenders pleaded guilty to being knowingly concerned in those contraventions – where companies ran money remittance businesses in Melbourne and Sydney

Legislation

Competition and Consumer Act 2010 (Cth)
Sections 79(1), 79(1)(c), 79(1)(e), 44ZZRG, 44ZZRG(1), 44ZZRG(3)

Crimes Act 1914 (Cth)
Sections 3E, 16A, 16A(1), 16A(2), 16C, 16C(1), 16C(2), 16F, 19AC(1), 19AC(4), 19B, 20(1)(b)

In brief

The accused pleaded guilty to cartel conduct involving a remittance businesses that offered money transfer services from Australia to Vietnam. The Court found the businesses had entered into and given effect to contracts, arrangements or understandings containing cartel provisions. These arrangements related - in part - to setting a common exchange rate and the price for services.

The corporate accused was fined $1m and the individual accused had convictions recorded and prison sentences imposed. This is the first case in which individuals have been convicted and sentenced to prison time for cartel conduct in Australia.

Proceedings continue against another accused who has pleaded not guilty.