Trade Practices Act 1974 (Cth)
Section 2A
Object of this Act
The provision
(1) Subject to this section and sections 44AC, 44E and 95D, this Act binds the Crown in right of the Commonwealth in so far as the Crown in right of the Commonwealth carries on a business, either directly or by an authority of the Commonwealth.
(2) Subject to the succeeding provisions of this section, this Act applies as if:
(a) the Commonwealth, in so far as it carries on a business otherwise than by an authority of the Commonwealth; and
(b) each authority of the Commonwealth (whether or not acting as an agent of the Crown in right of the Commonwealth) in so far as it carries on a business;
were a corporation.
(3) Nothing in this Act makes the Crown in right of the Commonwealth liable to a pecuniary penalty or to be prosecuted for an offence.
(3A) The protection in subsection (3) does not apply to an authority of the Commonwealth.
(4 )Part IV does not apply in relation to the business carried on by the Commonwealth in developing, and disposing of interests in, land in the Australian Capital Territory .
Legislative history
Inserted by Trade Practices Amendment Act 1977 (Act 81 of 1977)
Amended by Trade Practices (International Liner Cargo Shipping) Amendment Act 1989 (Act 34 of 1989)
Amended by Trade Practices Legislation Amendment Act 2003 (Act 134 of 2003)
Amended by Trade Practices Amendment (Australian Energy Market) Act 2004 (Act 108 of 2004)
Commentary
Forthcoming
