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This is misleading. In Australia, criminal behaviour can incur fines[1]: > Fines are monetary fines (criminal penalty) imposed by courts in criminal proceedin
by nl 5y ago
This is misleading.
In Australia, criminal behaviour can incur fines[1]:
> Fines are monetary fines (criminal penalty) imposed by courts in criminal proceedings. Criminal standard of proof is required.
The ACCC has pretty significant ability to impose penalties:
> The maximum penalties per breach of the ACL [..] maximum penalties for breaches [..] will be the greater of:
$10,000,000; or If Court can determine "reasonably attributable" benefit obtained, 3 times that value, or if Court cannot determine benefit, 10% of annual turnover in preceding 12 months.
[1] https://www.accc.gov.au/business/business-rights-protections/fines-penalties https://www.accc.gov.au/business/business-rights-protections...
- urthor 5y agohttps://en.wikipedia.org/wiki/Punitive_damages https://en.wikipedia.org/wiki/Punitive_damages Not all fines are punitive damages.
- chottocharaii 5y agoExemplary damages is the Australian legal term of art for damages that are functionally identical to punitive damages.
- urthor 5y agoWell you have to dumb it down for the Americans. The nature of the business though is that they're almost never awarded, except maybe for contempt of court? Certainly not in a significant quantity against a corporation.
- chottocharaii 5y agoit’s different terminology. no need to baselessly insult americans They are awarded in a certain sets of circumstances. Contempt of court is far from the only example substantial sums exemplary damages are certainly capable of being awarded against a corporation on the right set of facts
- nl 5y agoCommonwealth bank was recently fined $700m https://www.google.com/amp/s/amp.abc.net.au/article/9831064 https://www.google.com/amp/s/amp.abc.net.au/article/9831064
- chottocharaii 5y agocivil infringements can incorporate deterrence as a factor for damages awards also