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Legislation

Trade Practices Act 1974 (Cth) Consolidated and annotated

Please note that the annotation of each section is a work in progress - new sections and additional commentary will be added progressively.

View full consolidated version (including PDF markup and clean) to Act 59 of 2009 (Criminal Cartel Act)

Contents

Part I - Preliminary

1 Short title

2 Object of this Act

2A Application of Act to Commonwealth and Commonwealth authorities

2B Application of Act to States and Territories

2BA Application of Part IV to local government bodies

2C Activities that are not business

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, VC etc.

6 Extended application of Parts IV, IVA, IVB, V, VA, VB and VC

6AA Application of the Criminal Code

Part II - The Australian Competition and Consumer Commission

Forthcoming

Part IIA - The National Competition Council

Forthcoming

Part III - The Australian Competition Tribunal

Forthcoming

Part IIIAA - The Australian Energy Regulator

Forthcoming

Part IIIA - Access to Services

Forthcoming

Part IV - Restrictive Trade Practices

Division 1—Cartel conduct

Subdivision A—Introduction

44ZZRA Simplified outline

44ZZRB Definitions

44ZZRC Extended meaning of party

44ZZRD Cartel provisions

44ZZRE Meaning of expressions in other provisions of this Act

Subdivision B—Offences etc.

44ZZRF Making a contract etc. containing a cartel provision

44ZZRG Giving effect to a cartel provision

44ZZRH Determining guilt

44ZZRI Court may make related civil orders

Subdivision C—Civil penalty provisions

44ZZRJ Making a contract etc. containing a cartel provision

44ZZRK Giving effect to a cartel provision

Subdivision D—Exceptions

44ZZRL Conduct notified

44ZZRM Cartel provision subject to grant of authorisation

44ZZRN Contracts, arrangements or understandings between related bodies corporate

44ZZRO Joint ventures—prosecution

44ZZRP Joint ventures—civil penalty proceedings

44ZZRQ Covenants affecting competition

44ZZRR Resale price maintenance

44ZZRS Exclusive dealing

44ZZRT Dual listed company arrangement

44ZZRU Acquisition of shares or assets

44ZZRV Collective acquisition of goods or services by the parties to a contract, arrangement or understanding

Division 2—Other provisions

45 Contracts, arrangements or understandings that restrict dealings or affect competition

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

49 Dual listed company arrangements that affect competition

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

Part IVA - Unconscionable Conduct

Part IVB - Industry Codes

Part V - Consumer Protection

Part VA - Liability of Manufacturers and Importers for Defective Goods

Part VB - Price exploitation in relation to A New Tax System

Part VC - Offences

Forthcoming

Part VI - Enforcement and Remedies

75B Interpretation

76 Pecuniary Penalties

76A Defence to proceedings under section 76 relating to a contravention of section 75AYA or 95AZN

76B What happens if substantially the same conduct is a contravention of section 75AYA or 95AZN and an offence?

76C Defence to proceedings relating to exclusionary provisions

76D repealed effective 24 July 2009

More forthcoming

Part VIA - Proportionate liability for misleading and deceptive conduct

Part VIB - Claims for damages or compensation for death or personal injury

Part VII - Authorisations, notifications and clearances in respect of restrictive trade practices

Forthcoming

Part VIIA - Prices Surveillance

Part VIII - Resale Price Mainteance

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

100 Evidentiary provisions

Part IX - Review by Tribunal of Determinations of Commission

Part X - International Liner Cargo Shipping

Part XIA - The Competition Code

Forthcoming

Part XIAA - The New Tax System Price Exploitation Code

Part XIB - The Telecommunications Industry: Anti-competitive conduct and record-keeping rules

Division 2

151AJ Anticompetitive conduct

151AK The competition rule

Part XIC - Telecommunications Access Regime

Forthcoming

Part XID - Search and Seizure

Forthcoming

Part XII - Miscellaneous

Part XIII - Application and transitional provisions relating to the competition provisions

Schedule - The Schedule versions of Parts IV and VB