Commonwealth Director of Public Prosecutions v Bingo Industries Pty Ltd;; Commonwealth Director of Public Prosecutions v Tartak

The Commonwealth Director of Public Prosecutions brought proceedings against Bingo Industries Pty Ltd and its former Chief Executive Officer, Daniel Charbel Tartak, for their involvement in cartel conduct within the waste management industry in Sydney. The offences involved making and giving effect to arrangements that contained cartel provisions, specifically in relation to collections and processing services for building and demolition waste. Both defendants pleaded guilty to the charges against them.

The court was required to decide on the appropriate sentences for both Bingo and Mr Tartak, taking into account various factors such as the objective seriousness of the offences, the benefits obtained, the harm caused, the role of the offenders, and mitigating factors like pleas of guilty and cooperation with law enforcement. The court also had to consider whether a disqualification order should be made against Mr Tartak under section 86E of the Competition and Consumer Act.

The court found the offences to be of significant objective seriousness due to the deliberate and systematic nature of the cartel conduct, the duration over which it occurred, and the market impact. In sentencing Bingo, the court considered the corporation's substantial market share and revenue, its lack of prior compliance issues, and its efforts to reform its compliance processes post-investigation. The court imposed a fine of $30 million on Bingo, reflecting the seriousness of the offences and the need for deterrence. For Mr Tartak, the court considered his role as a senior executive, his personal circumstances including stress and family issues, and his cooperation with the authorities. The court sentenced Mr Tartak to two years imprisonment, to be served by way of an intensive correction order, along with a fine of $100,000. The court also imposed a five-year disqualification order on Mr Tartak, preventing him from managing corporations during this period.

In conclusion, the court entered convictions against both Bingo and Mr Tartak, imposed the aforementioned sentences, and made the disqualification order against Mr Tartak. These sentences were designed to reflect the seriousness of the cartel offences, to deter future conduct, and to ensure appropriate punishment and rehabilitation.