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Re:Uber concedes deception, prepares for $26M ACCC spanking by vkou on Wednesday April 27, 2022 @04:31AM (#31177655)
> I might be missing something but it seems like a good idea that a civil court is unable to punish people after deciding it is necessary to encourage them not to break a criminal law in future.

If I can steal $5 from you, and the worst thing that happens if I get caught is that I have to give the $5 back, what sort of incentive do you think that creates?

Re:Uber concedes deception, prepares for $26M ACCC spanking by throwawaylinux on Wednesday April 27, 2022 @04:47AM (#31177746)
> If I can steal $5 from you, and the worst thing that happens if I get caught is that I have to give the $5 back, what sort of incentive do you think that creates?

Theft is a criminal matter, and there are punitive remedies for crimes.

Re:Uber concedes deception, prepares for $26M ACCC spanking by urthor on Wednesday April 27, 2022 @05:43AM (#31178063)
These are civil, white collar crimes.

It's the same concept. If a corporation commits a civil crime, the maximum in damages it can repay is the amount of damage it caused, give or take interest.

Re:Uber concedes deception, prepares for $26M ACCC spanking by throwawaylinux on Wednesday April 27, 2022 @06:36AM (#31178311)
> These are civil, white collar crimes.

> It's the same concept. If a corporation commits a civil crime, the maximum in damages it can repay is the amount of damage it caused, give or take interest.

It sounds like you're just making that up. I found the agency and the page on the regulation being breached:

https://www.accc.gov.au/business/business-rights-protections...

The maximum penalties per breach of the ACL including unconscionable conduct, making false or misleading representations, and supplying consumer goods or certain services that do not comply with safety standards or which are banned:

For corporations, will be the greater of:

    * $10,000,000*
    * 3 times the value of the benefit received, or
    * 10% of annual turnover in preceding 12 months, if court cannot determine benefit obtained from the offence.
The penalty for this particular "civil crime" (if that is actually what it's called), does not talk about repaying damages at all, and it can be 3 times the value of the benefit.

So what's the basis for what your seemingly contradictory claims?

Re:Uber concedes deception, prepares for $26M ACCC spanking by zaphirplane on Wednesday April 27, 2022 @07:41AM (#31178684)
Err you also win a criminal record, failing background checks and likely a custodial sentence
Re:Uber concedes deception, prepares for $26M ACCC spanking by vkou on Wednesday April 27, 2022 @11:27AM (#31181163)
None of these things can practically happen to a corporation. But maybe you're on to something, here - perhaps they should.
Re:Uber concedes deception, prepares for $26M ACCC spanking by throwawaylinux on Wednesday April 27, 2022 @07:00PM (#31186886)
> None of these things can practically happen to a corporation.

But the corporation didn't break a criminal law like the person in this example.

> But maybe you're on to something, here - perhaps they should.

Directors and executives can absolutely get convicted of crimes relating to their operation and oversight of the company. Whether the laws and investigating agencies have as much power as they should is very debatable but the legal framework is there.