Trade Practices Amendment Act 1978
The Amendment re-defines the joint venture defence to price fixing, removes the related corporation exclusion from third line forcing and makes amendments to the authorisation and notification provisions.
The Act also made changes to a number of the consumer protection provisions.
Key competition law amendments
Contracts, arrangements or understandings in relation to prices
(1) Section 45A of the Principal Act is amended by omitting paragraph (b) of sub-section (2) and substituting the following paragraph: ''(b) the joint supply by the parties to the joint venture of services in pursuance of the joint venture, or the supply by the parties to the joint venture in proportion to their respective interests in the joint venture of services in pursuance of, and made available as a result of, the joint venture; or''.
(2) The amendment made by sub-section (1) shall be deemed to have come into operation on 1 July 1977.
Section 47 of the Principal Act is amended by omitting from sub-sections (6) and (7) ''not being a body corporate related to the corporation''.
The heading to Part VII of the Principal Act is amended by omitting '', NOTIFICATIONS AND CLEARANCES'' and substituting ''AND NOTIFICATIONS''.
Power of Commission to grant authorizations
Section 88 of the Principal Act is amended by inserting after sub-section (2) the following sub-section:
''(2A) The reference in paragraph (2) (a) to the supply or acquisition of goods by persons in competition with each other includes a reference to the supply or acquisition of goods by persons who, but for a provision of any contract, arrangement or understanding or of any proposed contract, arrangement or understanding, would be, or would be likely to be, in competition with each other in relation to the supply or acquisition of the goods.''.
Determination of applications for authorizations
Section 90 of the Principal Act is amended-
(a) by inserting in sub-section (6) ''(other than conduct to which sub-section 47 (6) or (7) applies)'' after ''conduct'' (first occurring);
(b) by omitting ''or'' at the end of sub-paragraph (i) of paragraph (a) of sub-section (8);
(c) by adding ''; or'' at the end of sub-paragraph (ii) of paragraph (a) of sub-section (8); and
(d) by inserting after sub-paragraph (ii) of paragraph (a) of sub-section (8) the following sub-paragraph: ''(iii) an authorization under sub-section 88 (8) in respect of proposed conduct to which sub-section 47 (6) or (7) applies,''.
The heading to Division 2 of Part VII is amended by omitting the words ''and Clearances''.
Notification of exclusive dealing
Section 93 of the Principal Act is amended by inserting in sub-section (3) ''has or would have the purpose or'' before ''has or is likely to have, or would have or be likely to have, the effect''.