- TRADE PRACTICES ACT 1974 No. 51, 1974
- TABLE OF PROVISIONS
- PART I-PRELIMINARY
- PART II-THE TRADE PRACTICES COMMISSION
- PART III-THE TRADE PRACTICES TRIBUNAL
- PART IV-RESTRICTIVE TRADE PRACTICES
- PART V-CONSUMER PROTECTION
- PART VI-ENFORCEMENT AND REMEDIES
- PART VII-AUTHORIZATIONS AND CLEARANCES IN RESPECT OFRESTRICTIVE TRADE PRACTICES
- PART VIII-RESALE PRICE MAINTENANCE
- PART IX-REVIEW BY TRIBUNAL OF DETERMINATIONS OFCOMMISSION
- PART X-OVERSEAS CARGO SHIPPING
- PART XI-TRANSITIONAL
- PART XII-MISCELLANEOUS
- TRADE PRACTICES ACT 1974 No. 51, 1974 - LONG TITLE
- PART I-PRELIMINARY
- PART II-THE TRADE PRACTICES COMMISSION
- Constitution of Commission
- Terms and conditions of appointment
- Remuneration of members of Commission
- Deputy Chairman
- Acting Chairman
- Leave of absence
- Termination of appointment
- Retirement
- Resignation
- Arrangement of business
- Disclosure of financial interests of members of Commission
- Meetings of Commission
- Chairman may direct Commission to sit in Divisions
- Power to take evidence on oath
- Procedure at public hearings by Commission
- Hearing in private in certain circumstances
- Evidence in form of written statement
- Representation at public hearings by Commission
- Delegation by Commission
- Rights of public servant appointed as Chairman or full-time member
- Staff of Commission
- Functions of Commission in relation to dissemination of information, law reform and research
- Commission to comply with directions of Attorney-General and requirements of Parliament
- PART III-THE TRADE PRACTICES TRIBUNAL
- Constitution of Tribunal
- Qualifications of members of Tribunal
- Terms and conditions of appointment
- Remuneration of members of Tribunal
- Acting appointments
- Suspension and removal of members of Tribunal
- Resignation
- Constitution of Tribunal for particular matters
- Validity of determinations
- Arrangement of business
- Disclosure of financial interests of members of Tribunal
- Presidential member to preside
- Decision of questions
- Member of Tribunal ceasing to be available
- Staff of Tribunal
- PART IV-RESTRICTIVE TRADE PRACTICES
- PART V-CONSUMER PROTECTION
- Division 1-Unfair Practices
- Misleading or deceptive conduct
- False representations
- Offering gifts and prizes
- Misleading conduct to which Industrial Property Convention applies
- Bait advertising
- Referral selling
- Accepting payment without intending to supply as ordered
- Misleading statements about home-operated businesses
- Pyramid selling
- Product safety standards
- Product information standards
- Assertion of right to payment for unsolicited goods or for making entry indirectory
- Liability of recipient of unsolicited goods
- Division 2-Conditions and Warranties in Consumer Transactions
- Interpretation
- Conflict of laws
- Application of Division to contracts not to be excluded or modified
- Implied undertakings as to title, encumbrances and quiet possession
- Supply by description
- Implied undertakings as to quality or fitness
- Supply by sample
- Liability for loss or damage from breach of certain contracts
- Warranties in relation to the supply of services
- Division 3-Miscellaneous
- Division 1-Unfair Practices
- PART VI-ENFORCEMENT AND REMEDIES
- Pecuniary penalties.
- Civil action for recovery of pecuniary penalties
- Criminal proceedings not to be brought for contraventions of Part IV
- Offences against Part V
- Injunctions
- Divestiture
- Actions for damages
- Finding in proceedings to be evidence
- Conduct by servants or agents of body corporate
- Defences
- Jurisdiction of Court
- Ancillary orders
- PART VII-AUTHORIZATIONS AND CLEARANCES IN RESPECT OF RESTRICTIVE TRADE PRACTICES
- PART VIII-RESALE PRICE MAINTENANCE
- PART IX-REVIEW BY TRIBUNAL OF DETERMINATIONS OF COMMISSION
- Division 1-Applications for Review
- Division 2-Procedure and Evidence
- SECT. 103. Procedure generally
- SECT. 104. Regulations as to certain matters
- SECT. 105. Power to take evidence on oath
- SECT. 106. Hearings to be in public except in special circumstances.
- SECT. 107. Evidence in form of written statement
- SECT. 108. Taking of evidence by single member
- SECT. 109. Participants in proceedings before Tribunal
- SECT. 110. Representation
- PART X-OVERSEAS CARGO SHIPPING
- Division 1-Preliminary
- Division 2-Filing of Conference Agreements
- SECT. 115. Clerk of Shipping Agreements
- SECT. 116. Agreements subject to filing
- SECT. 117. Particulars to be furnished of certain agreements, variations and determinations.
- SECT. 118. Failure to furnish particulars to be an offence
- SECT. 119. Clerk to file particulars
- SECT. 120. Filed documents to be evidence
- SECT. 121. Secrecy
- Division 3-Powers in relation to Conference Agreements
- Division 4-Powers in relation to Individual Shipowners
- Division 5-General
- SECT. 132. Minister may refer certain matters to Tribunal
- SECT. 133. Minister to consult with shipowners before making reference.
- SECT. 134. Representation
- SECT. 135. Undertakings to Tribunal
- SECT. 136. Failure to comply with undertaking to be contempt of Tribunal
- SECT. 137. Punishment of contempt
- SECT. 138.Protection of certain persons
- SECT. 138. Protection of certain persons
- SECT. 139. Publication of reports of Tribunal
- SECT. 140. Institution of prosecutions
- SECT. 141. Aiding and abetting
- SECT. 142. Protection of certain persons
- SECT. 143. Constitution of Court
- Division 6-Civil Remedies in relation to Overseas Cargo Shipping
- PART XI-TRANSITIONAL
- SECT. 147. Continuation of certain appointments and proceedings
- SECT. 148. Commission may retain certain documents
- SECT. 149. Secrecy in relation to documents furnished under previous law.
- SECT. 150. Certain notices continued
- SECT. 151. Particulars of agreements continued
- SECT. 152. Repository of documents continued
- SECT. 153. Extension of section 121
- SECT. 154. Undertakings continued
- PART XII-MISCELLANEOUS
- SECT. 155. Power of Commission to obtain information, documents and evidence
- SECT. 156.Inspection of documents by Commission
- SECT. 157. Disclosure of documents by Commission
- SECT. 158. Protection of members of Tribunal or Commission, barristers and witnesses
- SECT. 159. Incriminating answers
- SECT. 160. Failure of witness to attend
- SECT. 161. Refusal to be sworn or to answer questions
- SECT. 162. Contempt of Tribunal or Commission
- SECT. 163. Prosecutions
- SECT. 164. Proceedings by Commission to be in its official name
- SECT. 165. Inspection of, furnishing of copies of, and evidence of, documents
- SECT. 166. Certificates as to furnishing of particulars of agreements
- SECT. 167. Judicial notice
- SECT. 168. Presumption that bodies corporate not related
- SECT. 169. Temporary exercise of jurisdiction by Australian Industrial Court
- Sect. 170. Legal and financial assistance
- SECT. 171. Annual report by Commission
- SECT. 172. Regulations
- TRADE PRACTICES ACT 1974 No. 51, 1974 - NOTE
TRADE PRACTICES ACT 1974 No. 51, 1974 TRADE PRACTICES ACT 1974 No. 51, 1974 - TABLE OF PROVISIONS
TRADE PRACTICES ACT 1974 No. 51 of 1974
TABLE OF PROVISIONS
PART I-PRELIMINARY Section requirements of Parliament
PART III-THE TRADE PRACTICES TRIBUNAL PART V-CONSUMER PROTECTION
Division 1-Unfair Practices PART VII-AUTHORIZATIONS AND CLEARANCES IN RESPECT OF RESTRICTIVE TRADE PRACTICES
Division 1-Authorizations PART IX-REVIEW BY TRIBUNAL OF DETERMINATIONS OF COMMISSION
Division 1-Applications for Review PART X-OVERSEAS CARGO SHIPPING
Division 1-Preliminary TRADE PRACTICES ACT 1974 No. 51, 1974 - LONG TITLE
TRADE PRACTICES ACT 1974 No. 51 of 1974
An Act relating to certain Trade Practices.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:-
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART I PART I-PRELIMINARY
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 1. Short title.
1. This Act may be cited as the Trade Practices Act 1974.*
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 2. Commencement.
2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.* TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 3. Repeal. TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 4. Interpretation.
"authorization" means an authorization under Division 1 of Part VII granted by the Commission or by the Tribunal on a review of a determination of the Commission;
"Chairman" means the Chairman of the Commission and includes a person acting as Chairman of the Commission;
"commencing date" means the date fixed under sub-section 2 (3);
"Commission" means the Trade Practices Commission established by this Act,
and includes a member of that Commission or a Division of that Commission performing functions of that Commission;
"Companies Ordinance" means the Companies Ordinance 1962-1974 of the Australian Capital Territory;
"competition" includes competition from imported goods or from services rendered by persons not resident or not carrying on business in Australia;
"conduct", when used as a noun, includes doing, refusing to do, or refraining from doing, any act, including making a contract or arrangement or entering into an understanding;
"corporation" means a body corporate that-
(a) is a foreign corporation; "engage in conduct" includes do, refuse to do, or refrain from doing, any act, including the making of a contract or arrangement or the entering into an understanding, and "engaging in conduct" has a corresponding meaning;
"financial corporation" means a financial corporation within the meaning of paragraph 51 (xx) of the Constitution and includes a body corporate that carries on the business of banking or insurance as its sole or principal business;
"foreign corporation" means a foreign corporation within the meaning of paragraph 51 (xx) of the Constitution and includes a body corporate that is incorporated in an external Territory;
"full-time member of the Commission" means a member of the Commission who is appointed as a full-time member of the Commission;
"give effect to", in relation to a contract, arrangement or understanding, includes do an act or thing in pursuance of or in accordance with or enforce or purport to enforce;
"goods" includes- the Commission; "member of the Commission" includes the Chairman and a person appointed to act as a member of the Commission;
"member of the Tribunal" includes the President and a person appointed to act as a member of the Tribunal;
"person" includes a body corporate, whether a corporation or not, as well as a natural person;
"practice of exclusive dealing" means the practice of exclusive dealing referred to in sub-section 47 (2), (3) or (4);
"practice of resale price maintenance" means the practice of resale price maintenance referred to in Part VIII;
"President" means the President of the Tribunal and includes a person appointed to act as President of the Tribunal;
"presidential member" or "presidential member of the Tribunal" means President or a Deputy President;
"price" includes a charge of any description;
"Registrar" means the Registrar of the Tribunal and includes a person appointed to act as the Registrar of the Tribunal;
"send" includes deliver, and "sent" and "sender" have corresponding meanings;
"services" includes, without limiting the generality of that expression, the rights or benefits that are to be provided under-
(a) a contract for- (iii) the conferring of rights or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction;
(b) a contract of insurance; or
(c) a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking, or any other contract for or in relation to the loan of moneys;
"share" includes an interest in a share, and also includes stock or an interest in stock;
"special price", in relation to an advertisement for the supply of goods or services, means- (b) in relation to services-provide, grant or confer,
and, when used as a noun, has a corresponding meaning, and "supplied" and "supplier" have corresponding meanings;
"Territory" means an internal Territory;
"trade or commerce" means trade or commerce within Australia or between Australia and places outside Australia;
"trading corporation" means a trading corporation within the meaning of paragraph 51 (xx) of the Constitution;
"Tribunal" means the Trade Practices Tribunal continued in existence by this Act, and includes a member of that Tribunal or a Division of that Tribunal performing functions of that Tribunal;
"unsolicited goods" means goods sent to a person without any request made by him or on his behalf. TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 5. Extended application of Parts IV and V.
5. (1) Parts IV and V extend to the engaging in conduct outside Australia by bodies corporate incorporated or carrying on business within Australia or by Australian citizens or persons ordinarily resident within Australia.
(2) In addition to the extended operation that sections 47 and 48 have by virtue of sub-section (1), those sections extend to the engaging in conduct outside Australia by any persons in relation to the supply by those persons of goods or services to persons within Australia.
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 6. Additional operation of Act.
6. (1) Without prejudice to its effect apart from this section, this Act also has effect as provided by this section. (iii) within a Territory, between a State and a Territory or between two Territories; or (iii) trade or commerce within a Territory, between a State and a Territory or between two Territories; or (iii) in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between two Territories; TRADE PRACTICES ACT 1974 No. 51, 1974 - PART II PART II-THE TRADE PRACTICES COMMISSION
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 7. Constitution of Commission.
7. (1) There is hereby established a Trade Practices Commission, which shall consist of a Chairman and such number of other members as are from time to time appointed in accordance with this Act.
(2) The members of the Commission shall be appointed by the Governor-General. TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 8. Terms and conditions of appointment.
8. (1) Subject to this Part, a member of the Commission holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.
(2) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Chairman or as a full-time member of the Commission, and a person shall not be appointed or re-appointed as the Chairman or as a full-time member of the Commission for a period that extends beyond the date on which he will attain the age of 65 years.
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 9. Remuneration of members of Commission.
9. (1) A member of the Commission shall be paid such remuneration as is determined by the Remuneration Tribunal, but, until that remuneration is so determined, he shall be paid such remuneration as is prescribed.
(2) Subject to the Remuneration Tribunal Act 1973, a member of the Commission shall be paid such allowances as are prescribed.
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 10. Deputy Chairman.
10. (1) The Governor-General may appoint a person who is, or is to be, a full-time member of the Commission to be the Deputy Chairman of the
Commission. TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 11. Acting Chairman.
11. (1) Where there is a vacancy in the office of Chairman, the Governor-General may appoint a person to act as Chairman until the filling of the vacancy. TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 12. Leave of absence. TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 14. Retirement. business; or TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 18. Meetings of Commission.
18. (1) Subject to this section, the Chairman shall convene such meetings of the Commission as he thinks necessary for the efficient performance of the functions of the Commission. TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 19. Chairman may direct Commission to sit in Divisions.
19. (1) The Chairman may, by writing signed by him, direct that the powers of the Commission under this Act in relation to a matter shall be exercised by a Division of the Commission constituted by the Chairman and such other members (not being less than two in number) as are specified in the direction. TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 20. Power to take evidence on oath.
20. (1) The Commission may, at a public hearing, take evidence on oath or affirmation and for that purpose a member of the Commission may administer an oath or affirmation.
(2) A member of the Commission may summon a person to appear before the Commission at a public hearing to give evidence and to produce such documents (if any) as are referred to in the summons.
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 21. Procedure at public hearings by Commission.
21. At a public hearing by the Commission- TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 22. Hearing in private in certain circumstances.
22. (1) Where, at a public hearing by the Commission, the Commission is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Commission may- TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 23.
Evidence in form of written statement.
23. The Commission may permit a person appearing as a witness before the Commission to give evidence by tendering, and, if the Commission thinks fit, verifying by oath or affirmation, a written statement.
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 24. Representation at public hearings by Commission.
24. At a public hearing by the Commission- TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 25. Delegation by Commission.