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Legislation

Trade Practices Amendment Act 1976

 

Summary

The Act included various amendments, including to remuneration of Tribunal members, representation at public hearings by the Commission and change to the definition of Court. The key competition law changes are set out below.

 

Key competition changes

Section 7

Exceptions

Section 51 of the Principal Act is amended by omitting paragraph (g) of sub-section (2) and substituting the following paragraph:-

''(g) to any provision of a contract, or to any arrangement or understanding, being a provision or an arrangement or understanding that relates exclusively to the export of goods from Australia or to the supply of services outside Australia, if full and accurate particulars of the provision, or of the arrangement or understanding, were furnished to the Commission before the expiration of 7 days after the date on which the contract or arrangement was made or the understanding was entered into or the date of coming into operation of this paragraph, whichever is the later.''.

Section 8

Pecuniary penalties

Section 76 of the Principal Act is amended by omitting the words ''Superior Court of Australia or the Australian Industrial Court'' and substituting the word ''Court''.

Section 9

Procedure for applications

Section 89 of the Principal Act is amended by omitting sub- section (7).

Section 10

Determination of applications for authorizations

Section 90 of the Principal Act is amended-

(a) by omitting from sub-section (2) the words ''or any other person'' and substituting the words '', by the Commonwealth, by a State or by any other person'';

(b) by omitting from sub-section (5) the words ''Subject to sub- sections (9) and (11)'' and substituting the words ''Subject to sub-section (9)'';

(c) by omitting from sub-section (6) the words ''prescribed date'' and substituting the words ''date on which the application is received by the Commission'';

(d) by omitting from sub-section (9) the words ''Subject to sub- section (10), where-'' and substituting the word ''Where-''; and (e) by omitting sub-sections (10), (11), (12), (13) and (14).

Section 12

Representation

Section 110 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraphs:-

''(a) a natural person may appear in person;

''(aa) a person other than a body corporate may be represented by an employee of the person approved by the Tribunal;''.

Section 15

After section 163 of the Principal Act the following section is inserted:-

Jurisdiction of Court to make declarations and orders

''163A. (1) Subject to this section, a person may institute a proceeding in the Court seeking, in relation to a matter arising under this Act, the making of-

(a) a declaration in relation to the operation or effect of any provision of this Act other than Division 2 of Part V or in relation to the validity of any act or thing done, proposed to be done or purporting to have been done under this Act; or

(b) an order by way of, or in the nature of, prohibition, certiorari or mandamus, or both such a declaration and such an order, and the Court has jurisdiction to hear and determine the proceeding.

''(2) The Minister may institute a proceeding in the Court under this section and may intervene in any proceeding instituted in the Court under this section or in a proceeding instituted in any other court in which a party is seeking the making of a declaration of a kind mentioned in paragraph (1) (a) or an order of a kind mentioned in paragraph (1) (b).

''(3) The Commission is not entitled to institute a proceeding in the Court under this section but may, in its official name, intervene in a proceeding instituted in the Court or in any other court, being a proceeding in which a party is seeking the making of a declaration of a kind mentioned in paragraph (1) (a) in relation to a matter in respect of which that party gave, or could have given, a notice to the Commission under section 92, 93 or 94.

''(4) The jurisdiction of the Court to make-

(a) a declaration in relation to the validity of any act or thing done, proposed to be done or purporting to have been done under this Act by the Tribunal; or

(b) an order of a kind mentioned in paragraph (1) (b) directed to the Tribunal,

shall be exercised by not less than 3 Judges.

''(5) In this section, 'proceeding' includes a cross-proceeding.''.

Section 16

Certificates as to furnishing of particulars of contracts, arrangements and understandings

Section 166 of the Principal Act is amended-

(a) by omitting from sub-section (1) the words ''an agreement'' and substituting the words ''a provision of a contract, or particulars of an arrangement or understanding,'';

(b) by omitting from sub-section (1) the words ''the agreement'' and substituting the words ''the contract or to the arrangement or understanding''; and

(c) by omitting from sub-section (3) the words ''an agreement'' and substituting the words ''a provision of a contract, or of an arrangement or understanding,''.