The Australian Competition and Consumer Commission (ACCC) has begun criminal proceedings in the Federal Court in Melbourne against Richard Pratt, owner of Visy for allegedly providing false or misleading evidence in the course of an investigation.
In 2005 the ACCC convened a number of examinations of Visy executives under section 155 of the Trade Practices Act 1974. These examinations were convened as part of the ACCC's investigation into alleged cartel conduct in the corrugated fibreboard packaging industry.
An ACCC statement says Pratt was examined during the course of this investigation. The investigation culminated in civil proceedings against Visy and certain Visy executives brought by the ACCC in the Federal Court.
In the criminal proceedings, the ACCC has alleged that Pratt knowingly gave false or misleading evidence at the examination.
A directions hearing for this matter has been set down for July 7, 2008. Pratt has not entered a plea at this time.
Section 155 of the Act gives the ACCC broad investigatory powers to obtain information, documents and evidence in relation to possible contraventions of the Act.
Section 155(5) of the Act makes it an offence for a person to knowingly furnish information or evidence that is false or misleading in purported compliance with a section 155 notice. Each offence under section 155 carries a fine of up to $2,200 or up to 12 months imprisonment.
