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[Browse Databases] [Alphabetical Index] ['Tr' Index] [Download Act] [Search Act] TRADE PRACTICES ACT 1974 !!!The following amendments (No. 11, 2006 and No. 17, 2006 and No. 23, 2006 and No. 60, 2006 and No. 92, 2006 and 101, 2006 and No. 109, 2006) have not been incorporated. - List of Sections
Section
Compilation Information Contents Long Title TRADE PRACTICES ACT 1974 1.
Short title [ see Note 1]
2.
Object of this Act
2A.
Application of Act to Commonwealth and Commonwealth authorities
2B.
Application of Act to States and Territories
2C.
Activities that are not business
2D.
Exemption of certain activities of local government bodies from Part IV
3.
Repeal
4.
Interpretation
4A.
Subsidiary, holding and related bodies corporate
4B.
Consumers
4C.
Acquisition, supply and re-supply
4D.
Exclusionary provisions
4E.
Market
4F.
References to purpose or reason
4G.
Lessening of competition to include preventing or hindering competition
4H.
Application of Act in relation to leases and licences of land and buildings
4J.
Joint ventures
4K.
Loss or damage to include injury
4KA.
Personal injury
4L.
Severability
4M.
Saving of law relating to restraint of trade and breaches of confidence
4N.
Extended application of Part IIIA
5.
Extended application of Parts IV, IVA, V, VB and VC
6.
Extended application of Parts IV, IVA, IVB, V, VA, VB and VC
6AA.
Application of the Criminal Code
TRADE PRACTICES ACT 1974 6A.
Establishment of Commission
7.
Constitution of Commission
8.
Terms and conditions of appointment
8A.
Associate members
8AB.
State/Territory AER members taken to be associate members
9.
Remuneration
10.
Deputy Chairperson
11.
Acting Chairperson
12.
Leave of absence
13.
Termination of appointment of members of the Commission
14.
Termination of appointment of associate members of the Commission
15.
Resignation
16.
Arrangement of business
17.
Disclosure of interests by members
18.
Meetings of Commission
19.
Chairperson may direct Commission to sit in Divisions
25.
Delegation by Commission
26.
Delegation by Commission in relation to unconscionable conduct and consumer protection
27.
Staff of Commission
27A.
Consultants
28.
Functions of Commission in relation to dissemination of information, law reform and research
29.
Commission to comply with directions of Minister and requirements of the Parliament
TRADE PRACTICES ACT 1974 29A.
Establishment of Council
29B.
Functions and powers of Council
29C.
Membership of Council
29D.
Terms and conditions of office
29E.
Acting Council President
29F.
Remuneration of Councillors
29G.
Leave of absence
29H.
Termination of appointment of Councillors
29I.
Resignation of Councillors
29J.
Arrangement of Council business
29K.
Disclosure of interests by Councillors
29L.
Council meetings
29M.
Staff to help Council
29N.
Consultants
29O.
Annual report
TRADE PRACTICES ACT 1974 30.
Constitution of Tribunal
31.
Qualifications of members of Tribunal
31A.
Appointment of Judge as presidential member of Tribunal not to affect tenure etc.
32.
Terms and conditions of appointment
33.
Remuneration and allowances of members of Tribunal
34.
Acting appointments
35.
Suspension and removal of members of Tribunal
36.
Resignation
37.
Constitution of Tribunal for particular matters
38.
Validity of determinations
39.
Arrangement of business
40.
Disclosure of interests by members of Tribunal
41.
Presidential member to preside
42.
Decision of questions
43.
Member of Tribunal ceasing to be available
43A.
Counsel assisting Tribunal
43B.
Consultants
44.
Staff of Tribunal
44A.
Acting appointments
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 44AB.
Definitions
44AC.
This Part binds the Crown
44AD.
Extra-territorial operation
TRADE PRACTICES ACT 1974 44AE.
Establishment of the AER
44AF.
AER to hold money and property on behalf of the Commonwealth
44AG.
Constitution of the AER
TRADE PRACTICES ACT 1974 44AH.
Commonwealth functions
44AI.
Commonwealth consent to conferral of functions etc. on AER
44AJ.
How duty is imposed
44AK.
When a State/Territory energy law imposes a duty
44AL.
Powers of the AER
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 44AM.
Appointment of Commonwealth AER member
44AN.
Membership of AER and Commission
44AO.
Acting appointment of Commonwealth AER member
44AP.
Appointment of State/Territory AER members
44AQ.
Acting appointment of State/Territory AER member
44AR.
AER Chair
44AS.
Acting AER Chair
44AT.
Remuneration of AER members
44AU.
Additional remuneration of AER Chair
44AV.
Leave of absence
44AW.
Other terms and conditions
44AX.
Outside employment
44AY.
Disclosure of interests
44AZ.
Resignation
44AAB.
Termination of appointment
TRADE PRACTICES ACT 1974 44AAC.
Staff etc. to assist the AER
TRADE PRACTICES ACT 1974 44AAD.
Meetings
44AAE.
Resolutions without meetings
TRADE PRACTICES ACT 1974 44AAF.
Confidentiality
44AAG.
Federal Court may make certain orders
44AAH.
Delegation by the AER
44AAI.
Fees
44AAJ.
Annual report
44AAK.
Regulations may deal with transitional matters
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 44B.
Definitions
44C.
How this Part applies to partnerships and joint ventures
44D.
Meaning of designated Minister
44DA.
The principles in the Competition Principles Agreement have status as guidelines
44E.
This Part binds the Crown
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 44F.
Person may request recommendation
44G.
Limits on the Council recommending declaration of a service
TRADE PRACTICES ACT 1974 44H.
Designated Minister may declare a service
44I.
Duration and effect of declaration
44J.
Revocation of declaration
44K.
Review of declaration
44L.
Review of decision not to revoke a declaration
TRADE PRACTICES ACT 1974 44M.
Recommendation for a Ministerial decision on effectiveness of access regime
44N.
Ministerial decision on effectiveness of access regime
44O.
Review of Ministerial decision on effectiveness of access regime
44P.
State or Territory ceasing to be a party to Competition Principles Agreement
44Q.
Register of decisions and declarations
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 44R.
Constitutional limits on operation of this Division
TRADE PRACTICES ACT 1974 44S.
Notification of access disputes
44T.
Withdrawal of notifications
TRADE PRACTICES ACT 1974 44U.
Parties to the arbitration
44V.
Determination by Commission
44W.
Restrictions on access determinations
44X.
Matters that the Commission must take into account
44Y.
Commission may terminate arbitration in certain cases
TRADE PRACTICES ACT 1974 44Z.
Constitution of Commission for conduct of arbitration
44ZA.
Member of the Commission presiding at an arbitration
44ZB.
Reconstitution of Commission
44ZC.
Determination of questions
44ZD.
Hearing to be in private
44ZE.
Right to representation
44ZF.
Procedure of Commission
44ZG.
Particular powers of Commission
44ZH.
Power to take evidence on oath or affirmation
44ZI.
Failing to attend as a witness
44ZJ.
Failing to answer questions etc.
44ZK.
Intimidation etc.
44ZL.
Party may request Commission to treat material as confidential
44ZM.
Sections 18 and 19 do not apply to the Commission in an arbitration
44ZN.
Parties to pay costs of an arbitration
TRADE PRACTICES ACT 1974 44ZO.
Operation of determinations
TRADE PRACTICES ACT 1974 44ZP.
Review by Tribunal
44ZQ.
Provisions that do not apply in relation to a Tribunal review
44ZR.
Appeals to Federal Court from determinations of the Tribunal
44ZS.
Operation and implementation of a determination that is subject to appeal
44ZT.
Transmission of documents
TRADE PRACTICES ACT 1974 44ZU.
Variation of determinations
TRADE PRACTICES ACT 1974 44ZV.
Constitutional limits on operation of this Division
44ZW.
Registration of contract
44ZX.
Review of decision not to register contract
44ZY.
Effect of registration of contract
TRADE PRACTICES ACT 1974 44ZZ.
Prohibition on hindering access to declared services
TRADE PRACTICES ACT 1974 44ZZA.
Access undertakings by providers
44ZZAA.
Access codes prepared by industry bodies
44ZZAB.
Commission may rely on industry body consultations
44ZZB.
Undertakings cannot be accepted in certain cases
44ZZC.
Register of access undertakings and access codes
TRADE PRACTICES ACT 1974 44ZZD.
Enforcement of determinations
44ZZE.
Enforcement of prohibition on hindering access
44ZZF.
Consent injunctions
44ZZG.
Interim injunctions
44ZZH.
Factors relevant to granting a restraining injunction
44ZZI.
Factors relevant to granting a mandatory injunction
44ZZJ.
Enforcement of access undertakings
44ZZK.
Discharge or variation of injunction or other order
TRADE PRACTICES ACT 1974 44ZZL.
Register of determinations
44ZZM.
Commonwealth consent to conferral of functions etc. on the Commission or Tribunal by State or Territory laws
44ZZMA.
How duty is imposed
44ZZMB.
When a law of a State or Territory imposes a duty
44ZZN.
Compensation for acquisition of property
44ZZNA.
Operation of Parts IV and VII not affected by this Part
44ZZO.
Conduct by directors, servants or agents
44ZZP.
Regulations about review by the Tribunal
44ZZQ.
Regulations about fees for inspection etc. of registers
TRADE PRACTICES ACT 1974 45.
Contracts, arrangements or understandings that restrict dealings or affect competition
45A.
Contracts, arrangements or understandings in relation to prices
45B.
Covenants affecting competition
45C.
Covenants in relation to prices
45D.
Secondary boycotts for the purpose of causing substantial loss or damage
45DA.
Secondary boycotts for the purpose of causing substantial lessening of competition
45DB.
Boycotts affecting trade or commerce
45DC.
Involvement and liability of employee organisations
45DD.
Situations in which boycotts permitted
45E.
Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services
45EA.
Provisions contravening section 45E not to be given effect
45EB.
Sections 45D to 45EA do not affect operation of other provisions of Part
46.
Misuse of market power
46A.
Misuse of market power—corporation with substantial degree of power in trans-Tasman market
46B.
No immunity from jurisdiction in relation to certain New Zealand laws
47.
Exclusive dealing
48.
Resale price maintenance
50.
Prohibition of acquisitions that would result in a substantial lessening of competition
50A.
Acquisitions that occur outside Australia
51.
Exceptions
51AAA.
Concurrent operation of State and Territory laws
TRADE PRACTICES ACT 1974 51AAB.
Part does not apply to financial services
51AA.
Unconscionable conduct within the meaning of the unwritten law of the States and Territories
51AB.
Unconscionable conduct
51AC.
Unconscionable conduct in business transactions
51ACAA.
Concurrent operation of State and Territory laws
TRADE PRACTICES ACT 1974 51ACA.
Definitions
51AD.
Contravention of industry codes
51AE.
Regulations relating to industry codes
51AEA.
Concurrent operation of State and Territory laws
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 51AF.
Part does not apply to financial services
51A.
Interpretation
52.
Misleading or deceptive conduct
53.
False or misleading representations
53A.
False representations and other misleading or offensive conduct in relation to land
53B.
Misleading conduct in relation to employment
53C.
Cash price to be stated in certain circumstances
54.
Offering gifts and prizes
55.
Misleading conduct to which Industrial Property Convention applies
55A.
Certain misleading conduct in relation to services
56.
Bait advertising
57.
Referral selling
58.
Accepting payment without intending or being able to supply as ordered
59.
Misleading representations about certain business activities
60.
Harassment and coercion
63A.
Unsolicited credit and debit cards
64.
Assertion of right to payment for unsolicited goods or services or for making entry in directory
65.
Liability of recipient of unsolicited goods
65A.
Application of provisions of Division to prescribed information providers
TRADE PRACTICES ACT 1974 65AAA.
Overview
65AAB.
Definitions
65AAC.
Pyramid selling schemes—participation
65AAD.
What is a pyramid selling scheme?
65AAE.
Marketing schemes—are they pyramid selling schemes?
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 65AA.
Overview
65AB.
General test for country of origin representations
65AC.
Test for representations that goods are product of/produce of a country
65AD.
Test for representations made by means of prescribed logo
65AE.
Substantial transformation of goods
65AF.
Method of working out costs of production or manufacture
TRADE PRACTICES ACT 1974 65AG.
Definitions
65AH.
Cost of producing or manufacturing goods
65AJ.
Expenditure on materials
65AK.
Expenditure on labour
65AL.
Expenditure on overheads
65AM.
Regulations may prescribe rules for determining the local percentage costs of production or manufacture
TRADE PRACTICES ACT 1974 65AN.
Proceedings relating to false, misleading or deceptive conduct or representations
TRADE PRACTICES ACT 1974 65B.
Warning notice to public
65C.
Product safety standards and unsafe goods
65D.
Product information standards
65E.
Power of Minister to declare product safety or information standards
65F.
Compulsory product recall
65G.
Compliance with product recall order
65H.
Loss or damage caused by contravention of product recall order
65J.
Opportunity for conference to be afforded before certain powers exercised
65K.
Recommendation after conclusion of conference
65L.
Exception in case of danger to public
65M.
Conference after goods banned
65N.
Recommendation after conclusion of conference
65P.
Minister to have regard to recommendation of Commission
65Q.
Power to obtain information, documents and evidence
65R.
Notification of voluntary recall
65S.
Copies of certain notices to be given to suppliers or published in certain newspapers
65T.
Certain action not to affect insurance contracts
TRADE PRACTICES ACT 1974 66.
Interpretation
66A.
Convention on Contracts for the International Sale of Goods
67.
Conflict of laws
68.
Application of provisions not to be excluded or modified
68A.
Limitation of liability for breach of certain conditions or warranties
68B.
Limitation of liability in relation to supply of recreational services
69.
Implied undertakings as to title, encumbrances and quiet possession
70.
Supply by description
71.
Implied undertakings as to quality or fitness
72.
Supply by sample
73.
Liability for loss or damage from breach of certain contracts
73A.
Continuing credit contract
73B.
Loan contract
74.
Warranties in relation to the supply of services
TRADE PRACTICES ACT 1974 74A.
Interpretation
74B.
Actions in respect of unsuitable goods
74C.
Actions in respect of false descriptions
74D.
Actions in respect of goods of unmerchantable quality
74E.
Actions in respect of non-correspondence with samples etc.
74F.
Actions in respect of failure to provide facilities for repairs or parts
74G.
Actions in respect of non-compliance with express warranty
74H.
Right of seller to recover against manufacturer or importer
74J.
Time for commencing actions
74K.
Application of Division not to be excluded or modified
74L.
Limitation in certain circumstances of liability of manufacturer to seller
74M.
The effect of Part VIB on this Division
TRADE PRACTICES ACT 1974 75.
Saving of other laws and remedies
75A.
Rescission of contracts
TRADE PRACTICES ACT 1974 75AA.
Interpretation
75AB.
Certain interpretation provisions (importers and others taken to be manufacturers etc.) apply to this Part
75AC.
Meaning of goods having defect
75AD.
Liability for defective goods causing injuries—loss by injured individual
75AE.
Liability for defective goods causing injuries—loss by person other than injured individual
75AF.
Liability for defective goods—loss relating to other goods
75AG.
Liability for defective goods—loss relating to buildings etc.
75AH.
Survival of liability actions
75AI.
No liability action where workers' compensation or law giving effect to an international agreement applies
75AJ.
Unidentified manufacturer
75AK.
Defences
75AL.
Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard
75AM.
Liability joint and several
75AN.
Contributory acts or omissions to reduce compensation
75AO.
Time for commencing actions
75AP.
Application of provisions not to be excluded or modified
75AQ.
Representative actions by the Commission
75AR.
Saving of other laws and remedies
75AS.
Jurisdiction of courts
TRADE PRACTICES ACT 1974 75AT.
Definitions
75AU.
Price exploitation in relation to New Tax System changes
75AV.
Price exploitation—guidelines about when prices contravene section 75AU
75AW.
Commission may issue notice to corporation it considers has contravened section 75AU
75AX.
Commission may issue notice to aid prevention of price exploitation
75AY.
Commission may monitor prices
75AYA.
Prohibition on misrepresenting the effect of the New Tax System changes
75AZ.
Reporting
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 75AZA.
Part does not apply to financial services
TRADE PRACTICES ACT 1974 75AZB.
Interpretation
75AZC.
False or misleading representations
75AZD.
False representations and other misleading or offensive conduct in relation to land
75AZE.
Misleading conduct in relation to employment
75AZF.
Cash price to be stated in certain circumstances
75AZG.
Offering gifts and prizes
75AZH.
Misleading conduct to which Industrial Property Convention applies
75AZI.
Certain misleading conduct in relation to services
75AZJ.
Bait advertising
75AZK.
Referral selling
75AZL.
Accepting payment without intending or being able to supply as ordered
75AZM.
Misleading representations about certain business activities
75AZN.
Harassment and coercion
75AZO.
Pyramid selling
75AZP.
Unsolicited credit and debit cards
75AZQ.
Assertion of right to payment for unsolicited goods or services or for making an entry in a directory
75AZR.
Application of provisions of Division to prescribed information providers
TRADE PRACTICES ACT 1974 75AZS.
Product safety standards and unsafe goods
75AZT.
Product information standards
75AZU.
Compliance with product recall notice
TRADE PRACTICES ACT 1974 75B.
Interpretation
76.
Pecuniary penalties
76A.
Defence to proceedings under section 76 relating to a contravention of section 75AYA
76B.
What happens if substantially the same conduct is a contravention of section 75AYA and an offence?
77.
Civil action for recovery of pecuniary penalties
78.
Criminal proceedings not to be brought for contraventions of Part IV or V or section 75AU or 75AYA
79.
Offences against Part VC etc.
79A.
Enforcement and recovery of certain fines
79B.
Preference must be given to compensation for victims
80.
Injunctions
80AA.
Division 7 of Part VI of the Workplace Relations Act does not prevent granting of injunction
80AB.
Stay of injunctions
80B.
Section 75AU contraventions—orders limiting prices or requiring refunds of money
81.
Divestiture
82.
Actions for damages
83.
Finding in proceedings to be evidence
84.
Conduct by directors, servants or agents
85.
Defences
86.
Jurisdiction of courts
86AA.
Limit on jurisdiction of Federal Magistrates Court in proceedings under section 82
86A.
Transfer of matters
86B.
Transfer of certain proceedings to Family Court
86C.
Non-punitive orders
86D.
Punitive orders—adverse publicity
87.
Other orders
87A.
Power of Court to prohibit payment or transfer of moneys or other property
87AA.
Special provision relating to Court's exercise of powers under this Part in relation to boycott conduct
87AB.
Limit on liability for misleading or deceptive conduct
87B.
Enforcement of undertakings
87C.
Enforcement of undertakings—Secretary to the Department
87CA.
Intervention by Commission
87CAA.
The effect of Part VIB on this Part
TRADE PRACTICES ACT 1974 87CB.
Application of Part
87CC.
Certain concurrent wrongdoers not to have benefit of apportionment
87CD.
Proportionate liability for apportionable claims
87CE.
Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware
87CF.
Contribution not recoverable from defendant
87CG.
Subsequent actions
party concurrent wrongdoer in the action 87CI.
Application of Part
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 87D.
Definitions
87E.
Proceedings to which this Part applies
TRADE PRACTICES ACT 1974 87F.
Basic rule
87G.
Date of discoverability
87H.
Long-stop period
87J.
The effect of minority or incapacity
87K.
The effect of close relationships
TRADE PRACTICES ACT 1974 87L.
Limits on damages for non-economic loss
87M.
Maximum amount of damages for non-economic loss
87N.
Index numbers
87P.
Most extreme cases
87Q.
Cases of 33% or more (but not 100%) of a most extreme case
87R.
Cases of 15% or more (but less than 33%) of a most extreme case
87S.
Cases of less than 15% of a most extreme case
87T.
Referring to earlier decisions on non-economic loss
TRADE PRACTICES ACT 1974 87U.
Personal injury damages for loss of earning capacity
87V.
Average weekly earnings
TRADE PRACTICES ACT 1974 87W.
Personal injury damages for gratuitous attendant care services for plaintiff
87X.
Personal injury damages for loss of plaintiff's capacity to provide gratuitous attendant care services
TRADE PRACTICES ACT 1974 87Y.
Damages for future economic loss—discount rate
87Z.
Damages for loss of superannuation entitlements
87ZA.
Interest on damages
87ZB.
Exemplary and aggravated damages
TRADE PRACTICES ACT 1974 87ZC.
Court may make orders under section 87 for structured settlements
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 87ZD.
Definitions
88.
Power of Commission to grant authorisations
89.
Procedure for applications and the keeping of a register
90.
Determination of applications for authorisations
90A.
Commission to afford opportunity for conference before determining application for authorisation
90B.
Commission may rely on consultations undertaken by the AEMC
91.
Grant and variation of authorisations
91A.
Minor variations of authorizations
91B.
Revocation of an authorization
91C.
Revocation of an authorization and substitution of a replacement
TRADE PRACTICES ACT 1974 93.
Notification of exclusive dealing
93A.
Commission to afford opportunity for conference before giving notice in relation to exclusive dealing
95.
Register of notifications
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 95A.
Interpretation
95B.
Exempt supplies
95C.
Application of Part
95D.
Crown to be bound
95E.
Object of this Part
95F.
Simplified overview of this Part
TRADE PRACTICES ACT 1974 95G.
Commission's functions under this Part
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 95H.
Price inquiries
95J.
Content of inquiry notices
95K.
Period for completing inquiry
95L.
Notice of holding of inquiry
95M.
Notice of extension of period for completing inquiry
95N.
Price restrictions
TRADE PRACTICES ACT 1974 95P.
Copies of report to be made available
95Q.
Notification of proposed prices after receipt of report
TRADE PRACTICES ACT 1974 95R.
Public inquiries etc.
95S.
Taking of evidence on oath or affirmation
95T.
Failure of witness to attend
95U.
Refusal to be sworn or to answer question
95V.
Protection of witnesses
95W.
Allowances to witnesses
TRADE PRACTICES ACT 1974 95X.
Declarations by Minister or Commission
95Y.
Declarations in relation to State or Territory authorities
95Z.
Price restrictions
95ZA.
Later notices modifying a locality notice
95ZB.
Applicable period in relation to a locality notice
95ZC.
Register of price notifications
95ZD.
Delegation by Commission
TRADE PRACTICES ACT 1974 95ZE.
Directions to monitor prices, costs and profits of an industry
95ZF.
Directions to monitor prices, costs and profits of a business
95ZG.
Exceptions to price monitoring
TRADE PRACTICES ACT 1974 95ZH.
Ministerial directions
95ZI.
Inquiries by an unincorporated body or a group of 2 or more individuals
95ZJ.
Withdrawal of notices
95ZK.
Power to obtain information or documents
95ZL.
Inspection of documents etc.
95ZM.
Retention of documents
95ZN.
Confidential information
95ZO.
Immunity
95ZP.
Secrecy: members or staff members of the Commission etc.
95ZQ.
Secrecy: persons involved in inquiries by bodies other than the Commission
TRADE PRACTICES ACT 1974 96.
Acts constituting engaging in resale price maintenance
96A.
Resale price maintenance in relation to services
97.
Recommended prices
98.
Withholding the supply of goods
99.
Statements as to the minimum price of goods
100.
Evidentiary provisions
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 101.
Applications for review
101A.
Application for review of notice under subsection 93(3) or (3A)
102.
Functions and powers of Tribunal
TRADE PRACTICES ACT 1974 103.
Procedure generally
104.
Regulations as to certain matters
105.
Power to take evidence on oath
106.
Hearings to be in public except in special circumstances
107.
Evidence in form of written statement
108.
Taking of evidence by single member
109.
Participants in proceedings before Tribunal
110.
Representation
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 10.01.
Objects of Part
10.01A.
Simplified outline
10.02.
Interpretation
10.02A.
Inland terminals
10.03.
Designated shipper bodies
TRADE PRACTICES ACT 1974 10.04.
Application of section 46 in relation to conference agreements
TRADE PRACTICES ACT 1974 10.06.
Application of Australian law to outwards conference agreements and withdrawal from agreements
10.07.
Minimum levels of shipping services to be specified in conference agreements
10.08.
Conference agreements may include only certain restrictive trade practice provisions
10.09.
Where may consequences of conference agreements not complying with minimum standards be found?
TRADE PRACTICES ACT 1974 10.10.
Registers and conference agreement files open to public inspection
10.11.
What registers are to be kept by the Registrar?
10.12.
What conference agreement files are to be kept by the Registrar?
10.13.
What register is to be kept by the Commission?
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 10.14.
Exemptions apply only to certain activities
10.15.
When do exemptions commence to apply in relation to registered conference agreements?
10.16.
Exemptions do not apply to variations of conference agreement unless varying agreement registered
10.17.
Exemptions from section 45
10.17A.
Exemptions from section 45 for freight rate agreements
10.18.
Exemption from section 47
10.18A.
Exemptions from section 47 for freight rate agreements
TRADE PRACTICES ACT 1974 10.19.
Exemptions from section 45
10.20.
Exemption from section 47
10.21.
Exemptions cease to apply in relation to a shipper at the shipper's option
TRADE PRACTICES ACT 1974 10.24.
Exemptions from sections 45 and 47 in relation to certain negotiations
10.24A.
Exemptions from sections 45 and 47 in relation to stevedoring contracts
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 10.25.
Application for provisional registration of conference agreement
10.26.
How application is to be made and verified
10.27.
Copy of agreement to be filed with application etc.
10.27A.
Copy of conference agreement to be given to designated peak shipper body
10.28.
Decision on application for provisional registration
10.29.
Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement
TRADE PRACTICES ACT 1974 10.30.
Application for final registration of conference agreement
10.31.
How application is to be made and verified
10.32.
Copy of agreement to be filed with application etc.
10.33.
Decision on application for final registration
TRADE PRACTICES ACT 1974 10.34.
Request for confidentiality
10.35.
Abstract to accompany request for confidentiality
10.36.
Examination of abstract
10.37.
Decision on request for confidentiality
10.38.
Application for registration to be returned where request for confidentiality refused etc.
TRADE PRACTICES ACT 1974 10.39.
Application also to be made for registration of varying conference agreements
10.40.
Notification of happening of affecting events prior to final registration etc.
TRADE PRACTICES ACT 1974 10.41.
Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.
10.42.
Application to be made for registration of varying conference agreements
10.43.
Parties to registered conference agreement to notify happening of affecting events etc.
TRADE PRACTICES ACT 1974 10.44.
Powers exercisable by Minister in relation to registered conference agreements etc.
10.45.
Circumstances in which Minister may exercise powers in relation to registered conference agreements
10.46.
Action to be taken where powers exercised by Minister without first obtaining Commission report
10.47.
Investigation and report by Commission on reference by Minister
10.48.
Investigation and report by Commission on own initiative or on application by affected person
10.49.
Undertakings by parties to registered conference agreement
10.49A.
Enforcement of undertakings
TRADE PRACTICES ACT 1974 10.50.
Investigations by Commission into market power of ocean carriers
10.51.
Determination by Minister of market power of ocean carriers
10.52.
Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.
10.53.
Non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.
TRADE PRACTICES ACT 1974 10.54.
Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with substantial market power
10.55.
Circumstances in which Minister may exercise powers
10.56.
Action to be taken where powers exercised by Minister without first obtaining Commission report
10.57.
Investigation and report by Commission on reference by Minister
10.58.
Investigation and report by Commission on application by affected person
10.59.
Undertakings by ocean carrier
10.60.
Enforcement of orders and undertakings
TRADE PRACTICES ACT 1974 10.61.
Powers exercisable by Minister in relation to pricing practices etc.
10.62.
Circumstances in which Minister may exercise powers
10.63.
Investigation and report by Commission
10.64.
Undertakings not to engage in pricing practices
10.65.
Enforcement of orders and undertakings
10.66.
Determination of normal freight rates for shipping services
10.67.
Determination of whether practice contrary to national interest
TRADE PRACTICES ACT 1974 10.68.
Ocean carrier who provides international liner cargo shipping services to have registered agent
10.69.
Representation of ocean carrier by registered agent
10.70.
Application by ocean carrier for registration of agent
10.71.
Registration of agent
10.72.
Change of agent etc.
TRADE PRACTICES ACT 1974 10.72A.
Exemption orders for inwards conference agreements etc.
10.72B.
Criteria for making exemption order
10.72C.
Duration of exemption order may be limited
10.72D.
Conditions of exemption order
TRADE PRACTICES ACT 1974 10.73.
Form of registers and conference agreement files
10.74.
Deletion of entries wrongly existing in certain registers
10.75.
Deletion of obsolete entries in certain registers
10.76.
Correction of clerical errors and other mistakes in certain registers etc.
TRADE PRACTICES ACT 1974 10.77.
Registrar of Liner Shipping
10.78.
Appointment of Registrar etc.
10.79.
Acting Registrar
10.80.
Registrar and staff to be public servants
10.81.
Delegation by Minister
10.82.
Delegation by Registrar
TRADE PRACTICES ACT 1974 10.82A.
Review by Tribunal
10.82B.
Functions and powers of Tribunal
10.82C.
Provisions that do not apply in relation to a Tribunal review
TRADE PRACTICES ACT 1974 10.82D.
Review by Tribunal
10.82E.
Functions and powers of Tribunal
10.82F.
Modifying register after Tribunal review
10.82G.
Provisions that do not apply in relation to a Tribunal review
TRADE PRACTICES ACT 1974 10.83.
Act not to affect rights under Freedom of Information Act
10.84.
Review of decisions of Registrar
10.85.
Statement to accompany notices of Registrar
10.86.
Evidence
10.87.
Notification by Commission of references etc.
10.88.
Exclusion of documents etc. from register of Commission investigations
10.89.
Disclosure of confidential information
10.90.
Fees
10.91.
Application of section 155 to investigations under Part
TRADE PRACTICES ACT 1974 150A.
Definitions
150B.
Objects of this Part
150C.
The Competition Code
150D.
Federal Court may exercise jurisdiction under application laws of Territories
150E.
Exercise of jurisdiction under cross-vesting provisions
150F.
Application laws may confer functions on Commonwealth authorities and officers
150G.
Application laws may operate concurrently with this Act
150H.
No doubling-up of liabilities
150I.
References in instruments to the Competition Code
150J.
Authorisations etc. under this Act may relate also to Competition Code
150K.
Gazettal of jurisdictions that excessively modify the Code
TRADE PRACTICES ACT 1974 150L.
Definitions
150M.
Object of this Part
150N.
The New Tax System Price Exploitation Code
150O.
Federal Court may exercise jurisdiction under application laws of Territories
150P.
Exercise of jurisdiction under cross-vesting provisions
150Q.
Application laws may confer functions on Commonwealth authorities and officers
150R.
Application laws may operate concurrently with this Act
150S.
No doubling-up of liabilities
150T.
References in instruments to the New Tax System Price Exploitation Code
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 151AA.
Simplified outline
151AB.
Definitions
151AC.
Extension to external Territories
151AD.
Continuity of partnerships
151AE.
Additional operation of Part
151AF.
Telecommunications market
151AG.
When a body corporate is related to a partnership
151AH.
Degree of power in a telecommunications market
151AI.
Interpretation of Part IV or VII not affected by this Part
TRADE PRACTICES ACT 1974 151AJ.
Anti-competitive conduct
151AK.
The competition rule
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 151AKA.
Part A competition notices
151AL.
Part B competition notices
151AM.
Competition notice to be given to carrier or carriage service provider
151AN.
Evidentiary effect of competition notice
151AO.
Duration of Part A competition notice
151AOA.
Variation of competition notice
151AOB.
Revocation of competition notice
151AP.
Guidelines
151AQ.
Commission to act expeditiously
151AQA.
Stay of proceedings relating to competition notices
151AQB.
Advisory notices
151AR.
Register of competition notices
TRADE PRACTICES ACT 1974 151AS.
Exemption orders
151AT.
Form of application
151AU.
Further information
151AV.
Withdrawal of application
151AW.
Commission must publicise receipt of applications
151AX.
Commission may refuse to consider application if it relates to the same conduct as an authorisation application
151AY.
Commission may refuse to consider application if it relates to the same conduct as a section 93 notification
151AZ.
Commission may convene conference to discuss application
151BA.
Commission must grant or reject application
151BB.
Commission to give opportunity for submissions
151BC.
Criteria for making exemption order
151BD.
Notification of decision
151BE.
Duration of exemption order may be limited
151BF.
Conditions of exemption order
151BG.
Revocation of exemption order
151BH.
Register of exemption orders
TRADE PRACTICES ACT 1974 151BJ.
Conduct includes proposed conduct
TRADE PRACTICES ACT 1974 151BK.
Tariff filing directions
151BL.
Specification of goods and services
151BM.
Notification of reasons
151BN.
Duration of direction may be limited
151BO.
Revocation of direction
151BP.
Variation of direction
151BQ.
Public access to tariff information
151BR.
Register of tariff filing directions
151BT.
Meaning of terms and conditions
TRADE PRACTICES ACT 1974 151BTA.
Tariff filing by Telstra
TRADE PRACTICES ACT 1974 151BU.
Commission may make record-keeping rules
151BUAA.
Minister may give directions to Commission
151BUAAA.
Minister to give direction to Commission about Telstra's wholesale operations and retail operations
151BUAB.
Request for disclosure
151BUA.
Commission gives access to reports
151BUB.
Carrier or carriage service provider gives access to reports
151BUC.
Carrier or carriage service provider gives access to periodic reports
151BUD.
Exemption of reports from access requirements
151BUDA.
Commission gives access to Ministerially-directed reports
151BUDB.
Carrier or carriage service provider gives access to Ministerially-directed reports
151BUDC.
Carrier or carriage service provider gives access to Ministerially-directed periodic reports
151BUE.
Access via the Internet
151BUF.
Self-incrimination
151BV.
Incorrect records
TRADE PRACTICES ACT 1974 151BW.
Person involved in a contravention of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction
151BX.
Pecuniary penalties for breach of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction
151BY.
Civil action for recovery of pecuniary penalties
151BZ.
Criminal proceedings not to be brought for contraventions of the competition rule, tariff filing directions, record-keeping rules or disclosure directions
151CA.
Injunctions
151CB.
Orders to disclose information or publish an advertisement—breach of the competition rule
151CC.
Actions for damages—breach of the competition rule
151CD.
Finding of fact in proceedings to be evidence
151CE.
Other orders—compensation for breach of the competition rule
151CF.
Conduct by directors, employees or agents
TRADE PRACTICES ACT 1974 151CG.
Disclosure of documents by Commission
TRADE PRACTICES ACT 1974 151CH.
Treatment of partnerships
TRADE PRACTICES ACT 1974 151CI.
Review by Tribunal
151CJ.
Functions and powers of Tribunal
151CK.
Provisions that do not apply in relation to a Tribunal review
TRADE PRACTICES ACT 1974 151CL.
Reviews of competitive safeguards within the telecommunications industry
TRADE PRACTICES ACT 1974 151CM.
Monitoring of telecommunications charges paid by consumers
TRADE PRACTICES ACT 1974 151CMA.
Public reports about competition in the telecommunications industry
151CMB.
Confidential reports about competition in the telecommunications industry
151CMC.
Examples of matters that may be specified in a determination under section 151CMA or 151CMB
TRADE PRACTICES ACT 1974 151CN.
Review of operation of this Part
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 152AA.
Simplified outline
152AB.
Object of this Part
152AC.
Definitions
152AD.
This Part binds the Crown
152AE.
Extension to external Territories
152AF.
Access
152AG.
Access seeker
152AH.
Reasonableness—terms and conditions
152AJ.
Interpretation of Part IIIA not affected by this Part
152AK.
Operation of Parts IV and VII not affected by this Part
TRADE PRACTICES ACT 1974 152AL.
Declared services
152ALA.
Duration of declaration
152AM.
Inquiries about proposals to declare services
152AN.
Combined inquiries about proposals to declare services
152AO.
Variation or revocation of declaration
152AQ.
Register of declared services
152AQA.
Pricing principles
152AQB.
Model terms and conditions relating to access to core services
TRADE PRACTICES ACT 1974 152AR.
Standard access obligations
152AS.
Ordinary class exemptions from standard access obligations
152ASA.
Anticipatory class exemptions from standard access obligations
152AT.
Ordinary individual exemptions from standard access obligations
152ATA.
Anticipatory individual exemptions from standard access obligations
152AU.
Individual exemptions—request for further information
152AV.
Review by Tribunal of exemption order decision
152AW.
Functions and powers of Tribunal
152AX.
Provisions that do not apply in relation to a Tribunal review
152AXA.
Statement of reasons for reviewable decision—specification of documents
152AY.
Compliance with standard access obligations
152AYA.
Ancillary obligations—confidential information
152AZ.
Carrier licence condition
152BA.
Service provider rule
152BB.
Judicial enforcement of standard access obligations
152BBAA.
Judicial enforcement of conditions and limitations of exemption determinations and orders
152BBA.
Commission may give directions in relation to negotiations
152BBB.
Enforcement of directions
152BBC.
Commission's role in negotiations
152BBD.
Reaching agreement on terms and conditions of access
TRADE PRACTICES ACT 1974 152BJ.
Telecommunications access code
152BK.
Content of telecommunications access code
152BL.
Commission must invite public submissions on telecommunications access code
152BM.
Commission must consult the ACMA about code
152BN.
Copy of code to be given to the ACMA
152BR.
Register of telecommunications access codes
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 152BS.
What is an ordinary access undertaking ?
152BT.
Further information about undertaking
152BU.
Commission to accept or reject access undertaking
152BV.
Acceptance of access undertaking—model terms and conditions in access code not adopted
152BW.
Acceptance of access undertaking—model terms and conditions in access code adopted
152BX.
Duration of access undertaking
152BY.
Variation of access undertakings
152BZ.
Further information about variation of access undertaking
152CA.
Voluntary withdrawal of undertaking
152CB.
Replacement of access undertaking
TRADE PRACTICES ACT 1974 152CBA.
What is a special access undertaking ?
152CBB.
Further information about undertaking
152CBC.
Commission to accept or reject access undertaking
152CBD.
Criteria for accepting access undertaking
152CBE.
Extension of access undertaking
152CBF.
Duration of access undertaking
152CBG.
Variation of access undertakings
152CBH.
Further information about variation of access undertaking
152CBI.
Voluntary withdrawal of undertaking
152CBJ.
Proposed service
TRADE PRACTICES ACT 1974 152CC.
Register of access undertakings
152CD.
Enforcement of access undertakings
152CDA.
Deferral of consideration of an access undertaking etc.
152CE.
Review by Tribunal
152CF.
Functions and powers of Tribunal
152CG.
Provisions that do not apply in relation to a Tribunal review
152CGA.
Statement of reasons for reviewable decision—specification of documents
152CGB.
Access undertakings prevail over inconsistent arbitral determinations
TRADE PRACTICES ACT 1974 152CH.
Ministerial pricing determinations
152CI.
Undertakings and codes that are inconsistent with Ministerial pricing determinations
152CJ.
Register of Ministerial pricing determinations
TRADE PRACTICES ACT 1974 152CK.
Relationship between this Part and Part IIIA
TRADE PRACTICES ACT 1974 TRADE PRACTICES ACT 1974 152CL.
Definitions
152CLA.
Resolution of access disputes
TRADE PRACTICES ACT 1974 152CM.
Notification of access disputes
152CN.
Withdrawal of notifications
TRADE PRACTICES ACT 1974 152CO.
Parties to the arbitration
152CP.
Determination by Commission
152CPA.
Interim determination by Commission
152CQ.
Restrictions on access determinations
152CR.
Matters that the Commission must take into account
152CRA.
Publication of determinations
152CS.
Commission may terminate arbitration in certain cases
152CT.
Commission may give directions in relation to negotiations
152CU.
Enforcement of directions
TRADE PRACTICES ACT 1974 152CV.
Constitution of Commission for conduct of arbitration
152CW.
Member of the Commission presiding at an arbitration
152CWA.
Exercise of procedural powers by Commission members
152CX.
Reconstitution of Commission
152CY.
Determination of questions
152CZ.
Hearing to be in private
152DA.
Right to representation
152DB.
Procedure of Commission
152DBA.
Using information from one arbitration in another arbitration
152DC.
Particular powers of Commission
152DD.
Power to take evidence on oath or affirmation
152DE.
Failing to attend as a witness
152DF.
Failing to answer questions etc.
152DG.
Giving false or misleading evidence
152DH.
Provision of false or misleading document
152DI.
Intimidation etc.
152DJ.
Disturbing an arbitration hearing etc.
152DK.
Party may request Commission to treat material as confidential
152DL.
Sections 18 and 19 do not apply to the Commission in an arbitration
152DM.
Parties to pay costs of an arbitration
152DMA.
Joint arbitration hearings
TRADE PRACTICES ACT 1974 152DN.
Operation of determinations
152DNA.
Backdating of final determinations
152DNB.
Stay of determinations
152DNC.
Continuity of final determination not affected by expiry of declaration relating to declared service
TRADE PRACTICES ACT 1974 152DT.
Variation of determinations
TRADE PRACTICES ACT 1974 152DU.
Enforcement of determinations
152DV.
Consent injunctions
152DW.
Interim injunctions
152DX.
Factors relevant to granting a restraining injunction
152DY.
Factors relevant to granting a mandatory injunction
152DZ.
Discharge or variation of injunction or other order
TRADE PRACTICES ACT 1974 152EA.
Register of determinations
152EAA.
Commission's powers under Division 6 of Part XIB not limited
152EB.
Compensation for acquisition of property
TRADE PRACTICES ACT 1974 152EC.
Agreements to which this Division applies
152ED.
Registration of agreement
152EE.
Effect of registration of agreement
TRADE PRACTICES ACT 1974 152EF.
Prohibition on hindering the fulfilment of a standard access obligation etc.
152EG.
Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc.
152EH.
Consent injunctions
152EI.
Interim injunctions
152EJ.
Factors relevant to granting a restraining injunction
152EK.
Factors relevant to granting a mandatory injunction
152EL.
Discharge or variation of injunction or other order
TRADE PRACTICES ACT 1974 152ELA.
Procedural Rules
152ELB.
Public consultation
152ELC.
Plan for the development of Procedural Rules
TRADE PRACTICES ACT 1974 152EM.
Continuity of partnerships
152EN.
Treatment of partnerships
152EO.
Conduct by directors, servants or agents
152EP.
Regulations about fees for inspection etc. of registers
TRADE PRACTICES ACT 1974 155.
Power to obtain information, documents and evidence
155AA.
Protection of Part IV or VB information
155AB.
Protection of Part XIB or XIC information
155A.
Power to obtain information and documents in New Zealand relating to trans-Tasman markets
155B.
Australian Competition and Consumer Commission may receive information and documents on behalf of New Zealand Commerce Commission
156.
Inspection of documents by Commission
157.
Disclosure of documents by Commission
157A.
Disclosure of information by Commission
158.
Protection of members of Tribunal, counsel and witnesses
159.
Incriminating answers
160.
Failure of witness to attend
161.
Refusal to be sworn or to answer questions
162.
Contempt
162A.
Intimidation etc.
163.
Prosecutions
163A.
Declarations and orders
165.
Inspection of, furnishing of copies of, and evidence of, documents
166.
Certificates as to furnishing of particulars to Commission
167.
Judicial notice
170.
Legal and financial assistance
171.
Annual report by Commission
171A.
Charges by the Commission
171B.
Division 3 of Part IIIA and Division 8 of Part XIC do not confer judicial power on the Commission
172.
Regulations
173.
Authorisation for the purposes of subsection 51(1)
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