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AustraliaCompetition and Consumer Amendment (Deregulatory and Other Measures) Bill 2015

An inquiry into the Competition and Consumer Amendment (Deregulatory and Other Measures) Bill 2015

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About this Review

The Review page states:

The Competition and Consumer Amendment (Deregulatory and Other Measures) Bill 2015 implements a number of measures intended to streamline the administration of the Competition and Consumer Act 2010 (CC Act) in order to reduce compliance burdens for businesses, individuals and within Government. It does so, while preserving the protections available under the CC Act. In brief, the Bill would:

  • remove the requirement for businesses to report serious injuries, illnesses or deaths associated with food products under the ACL’s product safety law; and
  • permit private parties to take action for extra-territorial breaches of the CC Act without seeking Ministerial consent under section 5 of the CC Act.

The proposed legislation also includes a number of other measures to amend the CC Act (in particular the ACL) in order to improve its administration and correct minor drafting errors.

 

The Bill

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The most relevant provision in relation to competition law is the proposal to permit private parties to take action for extra-territorial breaches of the Act without seeking Ministerial consent under s 5 of CCA.

Section 5 of the Act (Part 2 of the Bill)

3 Subsections 5(3), (4) and (5)

Repeal the subsections.

The Bill aso proposes a change to s 155 to give the Court power to comple compliance with a s 155 notice.

Section 155 of the Act (Part 9 of the Bill)

20 After subsection 155(8)

Insert

(8A) If a person refuses or fails to comply with a notice under this 7 section, a court may, on application by the Commission, make an 8 order directing the person to comply with the notice.

 

Report

The Committee reported on 13 May 2015. It recommended that the bill be passed.

 

Submissions

Due: 21 April 2015