AU041: Unfair Competition (Trade Practices), Act (Consolidation), 24/08/1974 (28/11/1994), No. 51 (No. 141)

TRADE PRACTICES ACT 1974

Reprinted as at 31 December 1994

Reprint No. 6

AN AGPS PRESS PUBLICATION
AUSTRALIAN GOVERNMENT PUBLISHING SERVICE
CANBERRA

© Commonwealth of Australia 1995

ISBN 0 644 42880 5

The Copyright Act 1968 permits certain reproduction and publication of this legislation.

In particular section 182A of the Act enables a complete copy to be made by or on behalf of a person for a particular purpose. For reproduction or publication beyond that permitted by the Act, prior written permission must be sought from the Australian Government Publishing Service, GPO Box 84, Canberra ACT 2601.

This consolidation has been prepared by the Attorney-General's Department.

Produced by the Australian Government Publishing Service

TRADE PRACTICES ACT 1974

Reprinted as at 31 December 1994

TRADE PRACTICES ACT 1974

An Act relating to certain Trade Practices

PART I-PRELIMINARY

Short title

Application of Act to Commonwealth and Commonwealth authorities

(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.

Repeal

Interpretation

Subsidiary, holding and related bodies corporate

(a) is the holding company of another body corporate;

(b) is a subsidiary of another body corporate; or

(c) is a subsidiary of the holding company of another body corporate;

that first-mentioned body corporate and that other body corporate shall, for the purposes of this Act, be deemed to be related to each other.

Consumers

Acquisition, supply and re-supply

Exclusionary provisions

Market

References to purpose or reason

Lessening of competition to include preventing or hindering competition

Application of Act in relation to leases and licences of land and buildings

Joint ventures

Loss or damage to include injury

Severability

Saving of law relating to restraint of trade and breaches of confidence

(a) the law relating to restraint of trade in so far as that law is capable of operating concurrently with this Act; or

(b) the law relating to breaches of confidence;

but nothing in the law referred to in paragraph (a) or (b) affects the interpretation of this Act.

Extended application of Parts IV, IVA and V

Additional operation of Act

PART II-THE TRADE PRACTICES COMMISSION

Establishment of Commission

Constitution of Commission

Terms and conditions of appointment

Associate members

Remuneration

Deputy Chairman

Acting Chairman

Leave of absence

Termination of appointment of members of the Commission

Termination of appointment of associate members of the Commission

Resignation

Arrangement of business

Disclosure of interests by members

Meetings of Commission

Chairman may direct Commission to sit in Divisions

Delegation by Commission

Staff of Commission

Functions of Commission in relation to dissemination of Information, law reform and research

Commission to comply with directions of Minister and requirements of the Parliament

(a) give directions as to matters to be given special consideration by the Commission in determining applications for authorizations or in making decisions for the purposes of paragraph 93 (3) (a) or (b); and

(b) give directions to the Commission in connexion with the performance of its functions or the exercise of its powers under this Act, not being directions relating to the performance of its functions or the exercise of its powers under section 65J, 65K, 65M or 65N or Part VII in relation to individual cases;

and the Commission shall comply with any directions so given.

PART III-THE TRADE PRACTICES TRIBUNAL

Constitution of Tribunal

Qualifications of members of Tribunal

Appointment of Judge as presidential member of Trade Practices Tribunal not to affect tenure etc.

Terms and conditions of appointment

Remuneration and allowances of members of Trade Practices Tribunal

Acting appointments

(a) the President is, or is expected to be, absent from duty; or

(b) there is, or is expected to be, a vacancy in the office of President;

the Attorney-General may appoint a Deputy President or an acting Deputy President to act as President during the absence, or while there is a vacancy in the office of President, as the case may be.

Suspension and removal of members of Tribunal

Resignation

Constitution of Tribunal for particular matters

Validity of determinations

Arrangement of business

Disclosure of interests by members of Tribunal

Presidential member to preside

Decision of questions

Member of Tribunal ceasing to be available

Staff of Tribunal

Acting appointments

PART IV-RESTRICTIVE TRADE PRACTICES

Contracts, arrangements or understandings that restrict dealings or affect competition

(a) is an exclusionary provision; or

(b) has the purpose, or has or is likely to have the effect, of substantially lessening competition;

that provision is unenforceable in so far as it confers rights or benefits or imposes duties or obligations on a corporation.

(a) the other provisions of that contract, arrangement or understanding or proposed contract, arrangement or understanding; and

(b) the provisions of any other contract, arrangement or understanding or proposed contract, arrangement or understanding to which the corporation or a body corporate related to the corporation is or would be a party;

together have or are likely to have that effect.

(a) the contract is subject to a condition that the provision will not come into force unless and until the corporation is granted an authorization to give effect to the provision; and

(b) the corporation applies for the grant of such an authorization within 14 days after the contract is made;

but nothing in this subsection prevents the giving effect by a corporation to such a provision from constituting a contravention of sub-section (2).

Contracts, arrangements or understandings in relation to prices

Covenants affecting competition

(a) issues an invitation to another person to enter into a contract containing a covenant;

(b) makes an offer to another person to enter into a contract containing a covenant; or

(c) makes it known that the person will not enter into a contract of a particular kind unless the contract contains a covenant of a particular kind or in particular terms;

the first-mentioned person shall, by issuing that invitation, making that offer or making that fact known, be deemed to require the giving of the covenant.

(a) the covenant is subject to a condition that the covenant will not come into force unless and until the person is granted an authorization to require the giving of, or to give, the covenant; and

(b) the person applies for the grant of such an authorization within 14 days after the covenant is given;

but nothing in this subsection affects the application of paragraph (2) (b) or (c) in relation to the covenant.

Covenants in relation to prices

Boycotts

Misuse of market power

(a) a body corporate that is related to a corporation has, or 2 or more bodies corporate each of which is related to the one corporation together have, a substantial degree of power in a market; or

(b) a corporation and a body corporate that is, or a corporation and 2 or more bodies corporate each of which is, related to that corporation, together have a substantial degree of power in a market;

the corporation shall be taken for the purposes of this section to have a substantial degree of power in that market.

Misuse of market power-corporation with substantial degree of power in trans-Tasman market

(a) a body corporate that is related to a corporation has, or 2 or more bodies corporate each of which is related to the one corporation together have, a substantial degree of market power in a trans-Tasman market; or

(b) a corporation and a body corporate that is, or a corporation and 2 or more bodies corporate each of which is, related to the corporation, together have a substantial degree of market power in a trans-Tasman market;

the corporation is taken, for the purposes of this section, to have a substantial degree of market power in the trans-Tasman market.

No immunity from Jurisdiction In relation to certain New Zealand laws

Exclusive dealing

(a) acquires, or offers to acquire, goods or services; or

(b) acquires, or offers to acquire, goods or services at a particular price;

(a) supplies, or offers to supply, goods or services;

(b) supplies, or offers to supply, goods or services at a particular price; or

(c) gives or allows, or offers to give or allow, a discount, allowance, rebate or credit in relation to the supply or proposed supply of goods or services by the corporation;

on the condition that the person to whom the corporation supplies or offers or proposes to supply the goods or services or, if that person is a body corporate, a body corporate related to that body corporate will acquire goods or services of a particular kind or description directly or indirectly from another person.

(a) to supply goods or services to a person;

(b) to supply goods or services at a particular price to a person; or

(c) to give or allow a discount, allowance, rebate or credit in relation to the supply of goods or services to a person;

for the reason that the person or, if the person is a body corporate, a body corporate related to that body corporate has not acquired, or has not agreed to acquire, goods or services of a particular kind or description directly or indirectly from another person.

Resale price maintenance

Price discrimination

Prohibition of acquisitions that would result in a substantial lessening of competition

(a) acquire shares in the capital of a body corporate; or

(b) acquire any assets of a person;

if the acquisition would have the effect, or be likely to have the effect, of substantially lessening competition in a market.

(a) acquire shares in the capital of a corporation; or

(b) acquire any assets of a corporation;

if the acquisition would have the effect, or be likely to have the effect, of substantially lessening competition in a market.

(a) a person has entered into a contract to acquire shares in the capital of a body corporate or assets of a person;

(b) the contract is subject to a condition that the provisions of the contract relating to the acquisition will not come into force unless and until the person has been granted an authorization to acquire the shares or assets; and

(c) the person applied for the grant of such an authorization before the expiration of 14 days after the contract was entered into;

Acquisitions that occur outside Australia

(a) the person's obtaining the second controlling interest would have the effect, or be likely to have the effect, of substantially lessening competition in a market; and

(b) the person's obtaining the second controlling interest would not, in all the circumstances, result, or be likely to result, in such a benefit to the public that the obtaining should be disregarded for the purposes of this section;

make a declaration accordingly.

(i) each corporation in relation to which the application relates; and

(ii) the Minister and the Commission;

a notice in writing stating that the application has been made; and

Exceptions

(i) the registered proprietor of a trade mark other than a certification trade mark; and

(ii) a person registered as a registered user of that trade mark under Part IX of the Trade Marks Act 1955 or a person authorized by the contract to use the trade mark subject to his becoming registered as such a registered user;

of a provision to the extent that it relates to the kinds, qualities or standards of goods bearing the mark that may be produced or supplied, or the giving effect to the provision to that extent.

PART IVA-UNCONSClONABLE CONDUCT

Unconscionable conduct within the meaning of the unwritten law of the States and Territories

Unconscionable conduct

PART V-CONSUMER PROTECTION

Division 1-Unfair Practices

Interpretation

Misleading or deceptive conduct

False or misleading representations

False representations and other misleading or offensive conduct in relation to land

Misleading conduct in relation to employment

Cash price to be stated in certain circumstances

Offering gifts and prizes

Misleading conduct to which Industrial Property Convention applies

Certain misleading conduct in relation to services

Bait advertising

Referral selling

Accepting payment without intending or being able to supply as ordered

Misleading representations about certain business activities

Harassment and coercion

Pyramid selling

Unsolicited credit and debit cards

Assertion of right to payment for unsolicited goods or services or for making entry in directory

Liability of recipient of unsolicited goods

Application of provisions of Division to prescribed information providers

Division 1A-Product Safety and Product Information

Warning notice to public

Product safety standards and unsafe goods

(a) performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods;

(b) testing of the goods during, or after the completion of, manufacture or processing; and

(c) the form and content of markings, warnings or instructions to accompany the goods;

as are reasonably necessary to prevent or reduce risk of injury to any person.

(a) a period of 18 months has elapsed after the date of publication of a notice in the Gazette declaring goods to be unsafe goods; and

(b) there is not a prescribed consumer product safety standard in respect of the goods;

the Minister may, by notice in writing published in the Gazette, impose a permanent ban on the goods.

(a) the supplying of goods by a corporation constitutes a contravention of this section by reason that the goods do not comply with a prescribed consumer product safety standard;

(b) a person suffers loss or damage by reason of a defect in, or a dangerous characteristic of, the goods or by reason of not having particular information in relation to the goods; and

(c) the person would not have suffered the loss or damage if the goods had complied with that standard;

the person shall be deemed for the purposes of this Act to have suffered the loss or damage by the supplying of the goods.

(a) the supplying of goods by a corporation constitutes a contravention of this section by reason that there is in force a notice under this section declaring the goods to be unsafe goods or imposing a permanent ban on the goods; and

(b) a person suffers loss or damage by reason of a defect in, or a dangerous characteristic of, the goods or by reason of not having particular information as to a characteristic of the goods;

the person shall be deemed for the purposes of this Act to have suffered the loss or damage by the supplying of the goods.

Product information standards

(a) the disclosure of information relating to the performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods; and

(b) the form and manner in which that information is to be disclosed on or with the goods;

as are reasonably necessary to give persons using the goods information as to the quantity, quality, nature or value of the goods.

(a) a statement that the goods are for export only; or

(b) a statement indicating by the use of words authorised by the regulations to be used for the purposes of this subsection that the goods are intended to be used outside Australia;

it shall be presumed for the purposes of this section, unless the contrary is established, that the goods are intended to be so used.

(a) the supplying of goods by a corporation constitutes a contravention of this section by reason that the corporation has not complied with a prescribed consumer product information standard in relation to the goods;

(b) a person suffers loss or damage by reason of not having particular information in relation to the goods; and

(c) the person would not have suffered the loss or damage if the corporation had complied with that standard in relation to the goods;

the person shall be deemed, for the purposes of this Act, to have suffered the loss or damage by the supplying of the goods.

Power of Minister to declare product safety or information standards

Compulsory product recall

(a) the supplier chooses to refund the price of the goods; and

(b) a period of more than 12 months has elapsed since a person (whether or not the person to whom the refund is to be made) acquired the goods from the supplier;

the amount of a refund may be reduced by the supplier by an amount attributable to the use which a person has had of the goods, being an amount calculated in a manner specified in the notice.

Note: Penalty units are defined in section 4AA of the Crimes Act 1914. If a body corporate is convicted of the offence, subsection 4B (3) of that Act allows a court to impose a fine of an amount not greater than 5 times the maximum fine that the court could impose on an individual convicted of the same offence.

Compliance with product recall order

Loss or damage caused by contravention of product recall order

Opportunity for conference to be afforded before certain powers exercised

(a) a draft of the notice proposed to be published; and

(b) a summary of the reasons for the proposed publication of the notice;

and shall, by notice in writing published in the Gazette, invite any person (in this section referred to as a "supplier") who supplied or proposes to supply goods of that kind to notify the Commission, within the period (in this section referred to as the "relevant period") of 10 days commencing on the day specified in the last-mentioned notice, being not earlier than the day on which that notice is published in the Gazette, whether the supplier wishes the Commission to hold a conference in relation to the proposed publication of the first-mentioned notice.

Recommendation after conclusion of conference

Exception in case of danger to public

Conference after goods banned

Recommendation after conclusion of conference

Minister to have regard to recommendation of Commission

Power to obtain information, documents and evidence

Penalty: 40 penalty units.

Penalty: Imprisonment for 12 months.

Penalty: Imprisonment for 2 years.

Note: Penalty units are defined in section 4AA of the Crimes Act 1914. Under subsection 4D (1) of that Act, rinse penalties are only maximum penalties for the offences. Subsection 4B (2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of one of the offences, subsection 4B (3) of that Act allows a court to impose a fine of an amount not greater than 5 times the maximum fine that the court could impose on an individual convicted of the same offence.

Notification of voluntary recall

Note: Penalty units are defined in section 4AA of the Crimes Act 1914. If a body corporate is convicted of the offence, subsection 4B (3) of that Act allows a court to impose a fine of an amount not greater than 5 times the maximum fine that the court could impose on an individual convicted of the same offence.

Copies of certain notices to be given to suppliers or published in certain newspapers

Certain action not to affect insurance contracts

Division 2-Conditions and Warranties in Consumer Transactions

Interpretation

Convention on Contracts for the International Sale of Goods

Conflict of laws

(a) the proper law of a contract for the supply by a corporation of goods or services to a consumer would, but for a term that it should be the law of some other country or a term to the like effect, be the law of any part of Australia; or

(b) a contract for the supply by a corporation of goods or services to a consumer contains a term that purports to substitute, or has the effect of substituting, provisions of the law of some other country or of a State or Territory for all or any of the provisions of this Division;

this Division applies to the contract notwithstanding that term.

Application of provisions not to be excluded or modified

Limitation of liability for breach of certain conditions or warranties

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

(a) a corporation (in this section referred to as the "supplier") supplies goods, or causes goods to be supplied, to a linked credit provider of the supplier and a consumer enters into a contract with the linked credit provider for the provision of credit in respect of the supply by way of sale, lease, hire or hire-purchase of the goods to the consumer; or

(b) a consumer enters into a contract with a linked credit provider of a corporation (in this section also referred to as the "supplier") for the provision of credit in respect of the supply by the supplier of goods or services, or goods and services, to the consumer;

and the consumer suffers loss or damage as a result of misrepresentation, breach of contract, or failure of consideration in relation to the contract, or as a result of a breach of a condition that is implied in the contract by virtue of section 70, 71 or 72 or of a warranty that is implied in the contract by virtue of section 74, the supplier and the linked credit provider are, subject to this section, jointly and severally liable to the consumer for the amount of the loss or damage, and the consumer may recover that amount by action in accordance with this section in a court of competent jurisdiction.

(a) bring proceedings to recover an amount of loss or damage from the credit provider; or

(b) where proceedings are brought against the consumer by the credit provider, make a counter-claim or exercise the right conferred by subsection (4) against the credit provider;

unless the consumer brings the action against the supplier and the credit provider jointly or, in the case of a counter-claim or right conferred by subsection (4), claims in the proceedings against the supplier in respect of the liability by third-party proceedings or otherwise.

Continuing credit contract

Loan contract

Warranties in relation to the supply of services

Division 2A-Actions against Manufacturers and Importers of Goods

Interpretation

(a) a corporation holds itself out to the public as the manufacturer of goods;

(b) a corporation causes or permits the name of the corporation, a name by which the corporation carries on business or a brand or mark of the corporation to be applied to goods supplied by the corporation; or

(c) a corporation causes or permits another person, in connexion with the supply or possible supply of goods by that other person, or in connexion with the promotion by that other person by any means of the supply or use of goods, to hold out the corporation to the public as the manufacturer of the goods;

the corporation shall be deemed, for the purposes of this Division, to have manufactured the goods.

(a) goods are imported into Australia by a corporation that was not the manufacturer of the goods; and

(b) at the time of the importation the manufacturer of the goods does not have a place of business in Australia;

the corporation shall be deemed, for the purposes of this Division, to have manufactured the goods.

Actions in respect of unsuitable goods

Actions in respect of false descriptions

(a) an act or default of any person (not being the corporation or a servant or agent of the corporation); or

(b) a cause independent of human control;

occurring after the goods have left the control of the corporation.

Actions in respect of goods of unmerchantable quality

(i) an act or default of any person (not being the corporation or a servant or agent of the corporation); or

(ii) a cause independent of human control;

occurring after the goods have left the control of the corporation;

Actions in respect of non-correspondence with samples etc.

Actions in respect of failure to provide facilities for repairs or parts

(a) facilities for the repair of the goods, being facilities of a kind specified in the notice, would be available;

(b) parts for the goods, being parts of a kind specified in the notice, would be available; or

(c) facilities for the repair of the goods would be available at, or parts for the goods would be available from, a place or places specified in the notice;

the corporation is not liable to compensate the consumer or a person who acquires the goods from, or derives title to the goods through or under, the consumer for loss or damage suffered by the consumer or that other person by reason of the failure of the corporation to ensure that facilities of the kind specified in the notice, or parts of the kind specified in the notice, were available, or that facilities for the repair of the goods were available at, or parts for the goods were available from, a place or places specified in the notice, as the case may be.

Actions in respect of non-compliance with express warranty

(a) an undertaking, assertion or representation was given or made in connection with the supply of goods or in connection with the promotion by any means of the supply or use of goods; and

(b) the undertaking, assertion or representation would, if it had been given or made by the corporation or a person acting on its behalf, have constituted an express warranty in relation to the goods;

it shall be presumed that the undertaking, assertion or representation was given or made by the corporation or a person acting on its behalf unless the corporation proves that it did not give or make, and did not cause or permit the giving or making of, the undertaking, assertion or representation.

Right of seller to recover against manufacturer or importer

Time for commencing actions

Application of Division not to be excluded or modified

Limitation in certain circumstances of ability of manufacturer to seller

(a) the cost of replacing the goods;

(b) the cost of obtaining equivalent goods; or

(c) the cost of having the goods repaired;

whichever is the lowest amount.

Division 3-Miscellaneous

Saving of other laws and remedies

Rescission of contracts

PART VA-LIABILITY OF MANUFACTURERS AND
IMPORTERS FOR DEFECTIVE GOODS

Interpretation

(a) for the goods or anything relating to the goods; and

(b) that, under a law of the Commonwealth, a State or a Territory, must be complied with when the goods are supplied by their manufacturer, being a law creating an offence or liability where there is such non-compliance;

but does not include a standard which may be complied with by meeting a higher standard;

Certain interpretation provisions (importers and others taken to be manufacturers etc.) apply to this Part

Meaning of goods having defect

Liability for defective goods causing injuries-loss by injured individual

Liability for defective goods causing injuries-loss by person other than injured individual

Liability for defective goods-loss relating to other goods

Liability for defective goods-loss relating to buildings etc.

Survival of liability actions

No liability action where workers' compensation or law giving effect to an international agreement applies

Unidentified manufacturer

Defences

Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard

Liability joint and several

Contributory acts or omissions to reduce compensation

(a) an act or omission of the individual who suffers the injuries concerned; and

(b) a defect of the action goods;

the amount of the loss is to be reduced to such extent (which may be to nil) as the court thinks fit having regard to that individual's share in causing the loss.

(a) an act or omission of the person who suffered the loss; and

(b) a defect of the action goods;

the amount of the loss is to be reduced to such extent (which may be to nil) as the court thinks fit having regard to the person's share in causing the loss.

Time for commencing actions

Application of provisions not to be excluded or modified

(a) the application of all or any of the provisions of this Part; or

(b) the exercise of a right conferred by any of those provisions; or

(c) any liability under any of those provisions;

is void.

Representative actions by the Trade Practices Commission

Saving of other laws and remedies

Jurisdiction of courts

PART VI-ENFORCEMENT AND REMEDIES

Interpretation

Pecuniary penalties

Civil action for recovery of pecuniary penalties

Criminal proceedings not to be brought for contraventions of Part IV

Offences against Part V

Enforcement and recovery of certain fines

(a) a person would, but for this subsection, be required by virtue of an order or orders under subsection (1) in respect of 3 or more fines to serve periods of imprisonment in respect of those fines exceeding in the aggregate 3 years; and

(b) those fines were imposed (whether or not in the same proceedings) for offences constituted by contraventions that occurred within a period of 2 years, being contraventions that appear to the Court to have been of the same nature or a substantially similar nature;

the Court shall, by order, declare that the order or orders shall cease to have effect in respect of those fines after the person has served an aggregate of 3 years' imprisonment in respect of those fines.

Injunctions

(a) in a case to which subsection (6) does not apply the Court would, but for this subsection, require a person to give an undertaking as to damages or costs; and

(b) the Minister gives the undertaking;

the Court shall accept the undertaking by the Minister and shall not require a further undertaking from any other person.

Order to disclose Information or publish advertisement

Divestiture

Actions for damages

Finding in proceedings to be evidence

Conduct by directors, servants or agents

(a) by a director, servant or agent of the body corporate within the scope of the person's actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;

shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.

(a) by a servant or agent of the person within the scope of the actual or apparent authority of the servant or agent; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the first-mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent;

shall be deemed, for the purposes of this Act, to have been engaged in also by the first-mentioned person.

Defences

(a) a servant or agent of the defendant; or

(b) in the case of a defendant being a body corporate, a director, servant or agent of the defendant;

at the time when the contravention occurred.

Jurisdiction of courts

Transfer of matters

Transfer of certain proceedings to Family Court

(a) a civil proceeding is pending in the Federal Court; and

(b) a matter for determination in the proceeding arises under Part IVA or Division 1 or 1A of Part V;

the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the Family Court.

Other orders

Power of Court to prohibit payment or transfer of moneys or other property

Enforcement of undertakings

Enforcement of undertakings-Secretary to the Department

PART VII-AUTHORIZATIONS AND NOTIFICATIONS IN RESPECT
OF RESTRICTIVE TRADE PRACTICES

Division 1-Authorizations

Power of Commission to grant authorisations

Procedure for applications

Determination of applications for authorisations

(a) the proposed contract or arrangement were made, or the proposed understanding were arrived at, and the provision concerned were given effect to;

(b) the proposed covenant were given, and were complied with; or

(c) the proposed conduct were engaged in;

as the case may be.

(a) the Minister, by notice published in the Gazette, fixes a date for the purposes of the application of this subsection in relation to applications for authorizations under subsection 88 (1), (5), (7) or (8); and

(b) the Commission does not determine an application for an authorization under a subsection in relation to which a date is so fixed within 4 months from that date or the date on which the application was or is received by the Commission, whichever is the later;

the Commission shall be deemed to have granted, at the expiration of that period, the authorization applied for.

(a) 30 days from the day on which the application is received by the Commission; or

(b) if the Commission, before the end of that period of 30 days, gives to the applicant a notice in writing requesting the applicant to give to the Commission additional information relevant to the determination of the application-the period consisting of 30 days from the day on which the application is received by the Commission increased by the number of days in the period commencing on the day on which the notice is given to the applicant and ending on the day on which the applicant gives to the Commission such of the additional information as the applicant is able to provide;

the Commission shall be deemed to have granted, at the end of that period, the authorisation applied for.

Commission to afford opportunity for conference before determining application for authorisation

(a) the draft determination provides for the granting of the application unconditionally; and

(b) no person has made a written submission to the Commission opposing the application;

each notice by the Commission under subsection (2) shall inform the person to whom the notice is sent that the draft determination so provides.

(a) the draft determination does not provide for the granting of the application or provides for the granting of the application subject to conditions; or

(b) the draft determination provides for the granting of the application unconditionally but a written submission has, or written submissions have, been made to the Commission opposing the application;

(a) notifies the Commission within the period of 14 days mentioned in that subsection that he does not wish the Commission to hold a conference in relation to the draft determination; or

(b) does not notify the Commission within that period that he wishes the Commission to hold such a conference;

the Commission may make the determination at any time after the expiration of that period.

(a) may exclude from the conference any person who uses insulting language at the conference, creates, or takes part in creating or continuing, a disturbance at the conference or repeatedly interrupts the conference;

(b) may terminate the conference when he is of the opinion that a reasonable opportunity has been given for the expression of the views of persons participating in the conference (other than persons excluded from the conference under paragraph (a)); and

(c) shall give a certificate certifying the day on which the first notification under subsection (6) in relation to the draft determination was received by the Commission and the day on which the conference terminated;

and any such certificate shall be received in all courts as evidence of the matters certified.

Grant, revocation and variation of authorisations

(a) for the purpose of enabling due consideration to be given to an application for an authorization;

(b) pending the expiration of the time allowed for the making of an application to the Tribunal for review of a determination by the Commission of an application for an authorization and, if such an application for a review is made, pending the making of a determination by the Tribunal on the review; or

(c) for any other reason;

an authorization granted in respect of the application may be expressed to be an interim authorization and the Commission may at any time revoke an authorization so expressed.

Division 2-Notifications

Notification of exclusive dealing

(a) the conduct has not resulted or is not likely to result, or the proposed conduct would not result or be likely to result, in a benefit to the public; or

(b) any benefit to the public that has resulted or is likely to result from the conduct, or would result or be likely to result from the proposed conduct, would not outweigh the detriment to the public constituted by any lessening of competition that has resulted or is likely to result from the conduct or would result or be likely to result from the proposed conduct;

the Commission may at any time give notice in writing to the corporation stating that the Commission is so satisfied and accompanied by a statement setting out its reasons for being so satisfied.

(a) a corporation has given a notice to the Commission under subsection (1) in relation to conduct or proposed conduct and the Commission has given notice to the corporation in writing under subsection (3) in relation to the conduct or the proposed conduct; or

(b) a notice given by a corporation to the Commission under subsection (1) in relation to conduct or proposed conduct is withdrawn or deemed to be withdrawn;

the corporation is not entitled to give a further notice under subsection (1) to the Commission in relation to the same conduct or proposed conduct or in relation to conduct or proposed conduct to the like effect.

Commission to afford opportunity for conference before giving notice in relation to exclusive dealing

(a) notifies the Commission in writing within the period of 14 days mentioned in that subsection that the person does not wish the Commission to hold a conference in relation to the draft notice; or

(b) does not notify the Commission within that period that he wishes the Commission to hold such a conference;

the Commission may give the notice under subsection 93 (3) at any time after the expiration of that period.

(a) may exclude from the conference any person who uses insulting language at the conference, creates, or takes part in creating or continuing, a disturbance at the conference or repeatedly interrupts the conference;

(b) may terminate the conference when he is of the opinion that a reasonable opportunity has been given for the expression of the views of persons participating in the conference (other than persons excluded from the conference under paragraph (a)); and

(c) shall give a certificate certifying the day on which the first notification under subsection (5) in relation to the draft notice was received by the Commission and the day on which the conference terminated;

and any such certificate shall be received in all courts as evidence of the matters certified.

Register of notifications

(a) in relation to a notice given to the Commission under section 93; or

(b) in relation to a conference held under section 65J or 65M;

or makes an oral submission to the Commission in relation to the notice or the conference, he may, at the time when the document is furnished or the submission is made, request that the document or a part of the document, or that particulars of the submission or of part of the submission, be excluded from the register kept under subsection (1) by reason of the confidential nature of any of the matters contained in the document or submission.

PART VIII-RESALE PRICE MAINTENANCE

Acts constituting engaging in resale price maintenance

Recommended prices

Withholding the supply of goods

Statements as to the minimum price of goods

(a) a statement is applied to goods, whether by being woven in, impressed on, worked into or annexed or affixed to the goods or otherwise;

(b) a statement is applied to a covering, label, reel or thing in or with which goods are supplied; or

(c) a statement is used in a sign, advertisement, invoice, catalogue, business letter, business paper, price list or other document or otherwise in a manner likely to lead to the belief that it refers to goods;

the statement shall be deemed to have been used in relation to those goods.

Evidentiary provisions

(a) the defendant has acted, in relation to the plaintiff, as mentioned in paragraph 98 (1) (a), (b), (c) or (d);

(b) during a period ending immediately before the time when the defendant so acted, the defendant had been supplying goods of the kind withheld to the plaintiff or to another person carrying on a business similar to that of the plaintiff; and

(c) during the period of 6 months immediately before the time when the defendant so acted, the defendant became aware of a matter or circumstance capable of constituting a reason referred to in paragraph 96 (3) (d) or (e) for the defendant's so acting;

then, subject to subsection (2), it shall be presumed, unless the contrary is established, that that matter or circumstance was the reason for the defendant's so acting.

PART IX-REVIEW BY TRIBUNAL OF DETERMINATIONS
OF COMMISSION

Division 1-Applications for Review

Applications for review

Applications for review of notices under subsection 93 (3)

Functions and powers of Tribunal

(a) the grant of an authorisation under subsection 88 (9); or

(b) the revocation of an authorisation granted under that paragraph;

the Tribunal must make its determination on the review within 60 days after receiving the application for review.

(i) the conduct or proposed conduct to which the notice relates has resulted or is likely to result, or would result or be likely to result, as the case may be, in a benefit to the public; and

(ii) that benefit would outweigh the detriment to the public constituted by any lessening of competition that has resulted or is likely to result from the conduct or would result or be likely to result from the proposed conduct;

the Tribunal shall make a determination setting aside the notice; or

Division 2-Procedure and Evidence

Procedure generally

Regulations as to certain matters

Power to take evidence on oath

Hearings to be in public except in special circumstances

Evidence in form of written statement

Taking of evidence by single member

Participants in proceedings before Tribunal

Representation

PART X-INTERNATIONAL LINER CARGO SHIPPING

Division 1-Preliminary

Objects of Part

Interpretation

Designated shipper bodies

Division 2-Additional restrictive trade practice provisions applying
to ocean carriers

Application of section 46 in relation to conference agreements

Discrimination between shippers prohibited

Division 3-Minimum standards for conference agreements

Application of Australian law to conference agreements and withdrawal from agreements

Minimum levels of shipping services to be specified in conference agreements

Conference agreements may include only certain restrictive trade practice provisions

Where may consequences of conference agreements not complying with minimum standards be found?

Division 4-Registers and files and public inspection of them

Registers and conference agreement files open to public inspection

What registers are to be kept by the Registrar?

What conference agreement files are to be kept by the Registrar?

What register is to be kept by the Commission?

Division 5-Exemptions from certain restrictive trade practice
prohibitions

Subdivision A-Exemptions relating to conference agreements

Exemptions apply only to "blue-water" parts of service and activities outside Australia etc.

When do exemptions commence to apply in relation to registered conference agreements?

Exemptions do not apply to variations of conference agreement unless varying agreement registered

Exemptions from section 45

Exemptions from section 45 for conference agreements to the extent that they specify freight rates

Exemption from section 47

Exemptions from section 47 for conference agreements to the extent that they specify freight rates

Subdivision B-Exemptions relating to loyalty agreements

Exemptions from section 45

Exemption from sections 47 and 10.05

Exemptions cease to apply in relation to a shipper at the shipper's option

Subdivision C-Exemption relating to inwards liner cargo shipping services

Exemption applies only to "blue-water" parts of service and activities outside Australia etc.

Exemption from sections 45 and 47

Subdivision D-Other exemptions

Exemptions from sections 45 and 47 in relation to certain negotiations

Division 6-Registration of conference agreements

Subdivision A-Provisional registration

Application for provisional registration of conference agreement

How application is to be made and verified

Copy of agreement to be filed with application etc.

(a) a complete copy of the agreement so far as it is in writing (including all provisions of the agreement so far as they are in writing); and

(b) a written memorandum that fully sets out the agreement so far as it is not in writing (including all provisions of the agreement so far as they are not in writing);

other than any parts of the agreement that relate to the minimum level of outwards liner cargo shipping services to be provided under the agreement or a conference agreement that is varied or otherwise affected by the agreement.

Decision on application for provisional registration

Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement

Subdivision B-Final registration

Application for final registration of conference agreement

How application is to be made and verified

Copy of agreement to be filed with application etc.

Decision on application for final registration

Subdivision C-Confidentiality requests

Request for confidentiality

Abstract to accompany request for confidentiality

Examination of abstract

(a) a request is properly made under section 10.34 that a part of a document not be open to public inspection under this Part; and

(b) the request is accompanied by an abstract of the part of the document;

the Registrar shall first determine whether to accept the abstract.

(a) that the abstract adequately describes the scope of the part of the document; and

(b) that the abstract complies with subsection 10.35 (2);

the Registrar shall accept the abstract.

Decision on request for confidentiality

Application for registration to be returned where request for confidentiality refused etc.

(a) an application for the provisional or final registration of a conference agreement includes a request under section 10.34 that a part of a document not be open to public inspection under this Part; and

(b) the request is refused by the Registrar;

the Registrar shall also refuse the application, and shall return the application, and any documents that accompanied the application, to the applicants.

Subdivision D-Miscellaneous

Application also to be made for registration of varying conference agreements

(a) application has been made for the provisional or final registration of a conference agreement (in this section called the "original agreement"), but the original agreement has not been finally registered; and

(b) another conference agreement that varies or otherwise affects the original agreement is or has been made or arrived at;

the Registrar shall not provisionally or finally register the original agreement unless application has been made for the provisional registration of the other conference agreement.

Notification of happening of affecting events prior to final registration etc.

Division 7-Obligations of ocean carriers in relation to registered
conference agreements

Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.

Application to be made for registration of varying conference agreements

Parties to registered conference agreement to notify happening of affecting events etc.

(a) the operation, or proposed operation, of a registered conference agreement is affected, or outwards liner cargo shipping services provided, or proposed to be provided, under the agreement are affected, by the happening of an event or otherwise than by a varying conference agreement; or

(b) parties to a registered conference agreement make or arrive at an agreement with other ocean carriers that affects outwards liner cargo shipping services provided, or that would, but for the agreement, have been provided, by the other ocean carriers;

the parties to the registered conference agreement shall notify the Registrar of the matter.

Division 8-Powers of Minister in relation to registered conference
agreements

Powers exercisable by Minister in relation to registered conference agreements etc.

Circumstances in which Minister may exercise powers in relation to registered conference agreements

Action to be taken where powers exercised by Minister without first obtaining Commission report

Investigation and report by Commission on reference by Minister

Investigation and report by Commission on application by affected person

Undertakings by parties to registered conference agreement

Division 9-Obligations of non-conference ocean carriers with substantial
market power

Inquiries by Tribunal into market power of ocean carriers

Determination by Minister of market power of ocean carriers

(a) the Tribunal reports to the Minister under section 10.50 that an ocean carrier has a substantial degree of market power in the provision of outwards liner cargo shipping services on a trade route otherwise than because the ocean carrier is a party to a conference agreement; or

(b) an ocean carrier agrees, in writing, to the Minister giving a direction under this subsection in relation to the ocean carrier in relation to a trade route;

the Minister may direct the Registrar to register the ocean carrier as a non-conference ocean carrier with substantial market power in relation to the trade route.

Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.

Non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.

Division 10-Powers of Minister in relation to non-conference ocean
carriers with substantial market power

Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with substantial market power

Circumstances in which Minister may exercise powers

Action to be taken where powers exercised by Minister without first obtaining Commission report

Investigation and report by Commission on reference by Minister

Investigation and report by Commission on application by affected person

Undertakings by ocean carrier

Enforcement of orders and undertakings

Division 11-Unfair pricing practices

Powers exercisable by Minister in relation to pricing practices etc.

Circumstances in which Minister may exercise powers

Inquiry and report by Tribunal

Undertakings not to engage in pricing practices

Enforcement of orders and undertakings

Determination of normal freight rates for shipping services

Determination of whether practice contrary to national interest

Division 12-Registration of ocean carrier agents

Ocean carrier who provides international liner cargo shipping services to have registered agent

Representation of ocean carrier by registered agent

Application by oecan carrier for registration of agent

Registration of agent

Change of agent etc.

Division 13-General provisions relating to registers and conference
agreement files

Form of registers and conference agreement files

Deletion of entries wrongly existing in certain registers

Deletion of obsolete entries in certain registers

Correction of clerical errors and other mistakes in certain registers etc.

Division 14-Administration

Registrar of Liner Shipping

Appointment of Registrar etc.

Acting Registrar

Registrar and staff to be public servants

Delegation by Minister

Delegation by Registrar

Division 15-Miscellaneous

Act not to affect rights under Freedom of Information Act

Review of decisions of Registrar

Statement to accompany notices of Registrar

Evidence

Notification by Commission of references etc.

Exclusion of documents etc. from register of Commission investigations

(a) a person gives a document to the Commission in relation to an investigation; or

(b) a person makes an oral submission to the Commission in relation to an investigation;

the person may, at the same time, request that the document, or the particulars of the submission, be excluded from the register because of the confidential nature of matters contained in the document or submission.

(a) trade secrets;

(b) information (other than trade secrets) having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

(c) any other information concerning a person in relation to the person's business or professional affairs, or concerning the business, commercial or financial affairs of an organisation or undertaking, the disclosure of which would, or could reasonably be expected to, unreasonably affect the person adversely in relation to the person's lawful business or professional affairs or the organisation or undertaking in relation to its lawful business, commercial or financial affairs;

the Commission shall exclude the document, or the particulars of the submission, from the register.

(a) the Commission refuses a request to exclude a document from the register; and

(b) the person who gave the document requests the Commission to return it;

the Commission shall return the document and, in that case, paragraph 10.13 (2) (d) does not apply in relation to the document.

(a) the Commission refuses a request to exclude the particulars of an oral submission from the register; and

(b) the person who made the submission withdraws it;

paragraph 10.13 (2) (e) does not apply in relation to the submission.

Disclosure of confidential information

(a) to produce in a court a part of a document to which this section applies; or

(b) to divulge or communicate to a court any information to which this section applies;

except so far as it is necessary to do so for the purposes of carrying into effect the provisions of this Act.

Fees

Application of section 155 to investigations under Part

Constitution of Tribunal for inquiries under Part etc.

Participation in inquiries by Tribunal under Part etc.

PART XI-TRANSITIONAL

Continuation of certain appointments and proceedings

Commission may retain certain documents

Secrecy in relation to documents furnished under previous law

Penalty: $1,000 or imprisonment for 3 months.

PART XII-MISCELLANEOUS

Power to obtain information, documents and evidence

Power to obtain information and documents in New Zealand relating to trans-Tasman markets

Trade Practices Commission may receive information and documents on behalf of New Zealand Commerce Commission

(a) without reasonable excuse, contravene a notice under section 98H of the Commerce Act 1986 of New Zealand; or

(b) in purported compliance with such a notice, knowingly furnish information that is false or misleading in a material particular.

Penalty:

(a) in the case of a person other than a body corporate-$2,000; and

(b) in the case of a body corporate-$10,000.

(a) any information furnished or document produced under such a notice; and

(b) any information, document or thing obtained as a direct or indirect consequence of furnishing the information or producing the document;

is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (3).

Inspection of documents by Commission

Disclosure of documents by Commission

Protection of members of Tribunal, barristers and witnesses

Incriminating answers

Failure of witness to attend

Refusal to be sworn or to answer questions

Contempt

Intimidation etc.

Prosecutions

(a) the Commission;

(b) a person authorised in writing by the Commission; or

(c) a person authorised in writing by the Secretary to the Department;

shall not be instituted except with the consent in writing of the Minister or of a person authorised by the Minister in writing to give such consents.

Jurisdiction of Court to make declarations and orders

(a) a declaration in relation to the operation or effect of any provision of this Act other than Division 2, 2A or 3 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.

(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.

Inspection of, furnishing of copies of, and evidence of, documents

Certificates as to furnishing of particulars to Commission

Judicial notice

(a) the official signature of any person who holds or has held the office of President, Deputy President, member of the Tribunal, Chairman, Deputy Chairman, member of the Commission, Registrar or Deputy Registrar and of the fact that that person holds or has held that office; and

(b) the official seal of the Tribunal or of the Commission;

if the signature or seal purports to be attached or appended to an official document.

(a) the official signature of a person who holds or has held the office of Chairman, Deputy Chairman, or member (including associate member) of the New Zealand Commerce Commission and of the fact that the person holds or has held the office; and

(b) the imprint of the common seal of the New Zealand Commerce Commission;

if the signature or imprint purports to be attached or appended to an official document.

Legal and financial assistance

(a) who has instituted, or proposes to institute, a proceeding before the Commission or the Tribunal, or a proceeding before the Court under Part VA, Part VI or section 163A;

(b) who is entitled to participate, or has been permitted to intervene, in a proceeding before the Commission or the Tribunal; or

(c) against whom a proceeding before the Court has been instituted under Part VA, Part VI or section 163A;

may apply to the Attorney-General for a grant of assistance under this section in respect of the proceeding.

Annual report by Commission

Charges by the Commission

(a) the Commission provides a discretionary service for a person; and

(b) this Act does not otherwise provide for a charge for the service;

the Commission may make a charge of such amount, or at such a rate, as is agreed between the Commission and the person.

Regulations

NOTES

1. The Trade Practices Act 1974 as shown in this reprint comprises Act No. 51, 1974 amended as indicated in the Tables below.

The Trade Practices Act 1974 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations as amended. (See Note 3)

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Trade Practices Act 1974	51, 1974	24 Aug 1974	Ss. 1 and 2: Royal Assent S. 55: 27 Sept 1975 (see Gazette 1975, No. S178) Remainder: 1 Oct 1974 (see Gazette 1974, No. 75B)
Postal and Telecommunications Commissions (Transitional Provisions) Act 1975	56, 1975	12 June 1975	Ss. 4 and 38: 1 July 1975 (see s. 2 (1) and Gazette 1975, No. S122) Remainder: Royal Assent	-
Trade Practices Act 1975	63, 1975	19 June 1975	19 June 1975	-
Trade Practices Amendment Act 1976	88, 1976	31 Aug 1976	31 Aug 1976	Ss. 2 and 6 (2)
Federal Court of Australia (Consequential Provisions) Act 1976	157, 1976	9 Dec 1976	1 Feb 1977 (see s. 2 and Gazette 1977, No. S3)	-
Trade Practices Amendment Act 1977	81, 1977	16 June 1977	1 July 1977	Ss. 8 (2)-(6), 22 (2), 40 (2), 41 (2), 42 (2), 47 (2), 52 (2), 54 (2)-(7), 58 (2), 62 (2), 63 (2) and 82
Remuneration and Allowances Amendment Act 1977	111, 1977	28 Oct 1977	Ss. 1, 2, 5, 9 (2), 13, 16, 18 and 19 (2): Royal Assent Remainder: 1 June 1977	S. 19 (2)
Trade Practices Amendment Act (No. 2) 1977	151, 1977	10 Nov 1977	10 Nov 1977	S. 6
Trade Practices Amendment Act 1978	206, 1978	6 Dec 1978	6 Dec 1978	Ss. 8 (2) and 20

Trade Practices Amendment Act (No. 2) 1978	207, 1978	6 Dec 1978	6 Dec 1978	-
Trade Practices (Boycotts) Amendment Act 1980	73, 1980	29 May 1980	29 May 1980	-
Statute Law Revision Act 1981	61, 1981	12 June 1981	S. 115: Royal Asset (a)	-
Statute Law (Miscellaneous Amendments) Act 1981	176, 1981	2 Dec 1981	Part XIX (s. 68): 30 Dec 1981 (b)	-
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982	80, 1982	22 Sept 1982	Part LXXVI (ss. 278 and 279): 20 Oct 1982 (c)	S. 280 (2) and (3)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983	39, 1983	20 June 1983	S. 3: 18 July 1983 (d)	S. 7 (1), (3) and (4)
Public Service Reform Act 1984	63, 1984	25 June 1984	S. 151 (1): 1 July 1984 (see Gazette 1984, No. S245) (e)	S. 151 (9)
Remuneration and Allowances Amendment Act 1984	73, 1984	25 June 1984	25 June 1984	-
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984	165, 1984	25 Oct 1984	S. 3: (f)	S. 2 (32)
as amended by Trade Practices Revision Act 1986	17, 1986	13 May 1986	(see 17, 1986 below)	(see 17, 1986 below)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	S. 3:3 July 1985 (g)	-
Trade Practices (Transfer of Market Dominance) Amendment Act 1986	8, 1986	1 May 1986	1 June 1986 (see Gazette 1986, No. S251)	-

Trade Practices Revision Act 1986	17, 1986	13 May 1986	Ss. 1, 2, 49 (1), 51(1) and 64 (1): Royal Assent Part III (ss. 74-76): 25 Oct 1984 Ss. 31 and 35: 1 July 1986 Remainder: 1 June 1986 (see Gazette 1986, No. S251)	Ss. 27 (2), 31 (2), 33 (2), 34 (2), 47 (2), 50 (2), 59 (3) and 65 (2)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986	168, 1986	18 Dec 1986	S. 3: Royal Assent (h)	S. 5 (1)
Jurisdiction of Courts (Miscellaneous Amendments) Act 1987	23, 1987	26 May 1987	S. 3: (j)	S. 4
Statute Law (Miscellaneous Provisions) Act 1987	141, 1987	18 Dec 1987	S. 3: 1 Apr 1989 (see Gazette 1989, No. S88) (k)	S. 5 (1)
Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988	8, 1988	5 Apr 1988	Ss. 1-11, 12 (b), (c), (e), (f), 13-21, 27, 29 and 30: Royal Assent S. 12 (a) and (d): 1 Jan 1990 Remainder: 1 July 1988 (see Gazette 1988, No. S191)	-
as amended by Law and Justice Legislation Amendment Act 1988	120, 1988	14 Dec 1988	Part XI (ss. 34, 35): 5 Apr 1988 (l)	-
Trade Practices Amendment Act 1988	20, 1988	11 May 1988	S. 4: 1 July 1988 Remainder: Royal Assent	-
Industrial Relations (Consequential Provisions) Act 1988	87, 1988	8 Nov 1988	Ss. 1 and 2: Royal Assent Remainder: 1 Mar 1989 (see s. 2 (2) and Gazette 1989, No. S53)	-
as amended by Industrial Relations Legislation Amendment Act (No. 2) 1990	108, 1990	18 Dec 1990	Ss. 8, 13 and 21: 1 Feb 1991 (see s. 2 (4) and Gazette 1991, No. S18) Ss. 22, 23 and 24:1 Mar 1989 S. 26: 1 Jan 1990 S. 33:25 Mar 1991 (see Gazette 1991, No. S73) Remainder: Royal Assent	-
Circuit Layouts Act 1989	28, 1989	22 May 1989	Ss. 1 and 2: Royal Assent Remainder: 1 Oct 1990 (see Gazette 1990, No. S261)	-
Trade Practices (International Liner Cargo Shipping) Amendment Act 1989	34, 1989	30 May 1989	1 Aug 1989 (see Gazette 1989, No. S260)	S. 6
Law and Justice Legislation Amendment Act 1989	11, 1990	17 Jan 1990	Parts 1 and 3 (ss. 1, 2, 6, 7): Royal Assent Ss. 8-10: 17 July 1990 Ss. 12, 13, 51 (1) (b) and 51 (2): 17 Jan 1990 (see s. 2 (5)) Remainder: 14 Feb 1990	-
Trade Practices (Misuse of Trans-Tasman Market Power) Act 1990	70, 1990	16 June 1990	1 July 1990 (see Gazette 1990, No. S172)	-
Trade Practices Amendment Act 1991	49, 1991	24 Apr 1991	21 Dec 1990	-
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	Ss. 4 (1), 10 (b) and 15-20: 1 Dec 1988 Ss. 28 (b)-(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent	S. 31 (2)
Law and Justice Legislation Amendment Act 1991	136, 1991	12 Sept 1991	Ss. 22-25: 10 Oct 1991 (m)	S. 25
Transport and Communications Legislation Amendment Act 1991	173, 1991	25 Nov 1991	Ss. 48-56: Royal Assent (n)	-
Special Broadcasting Service Act 1991	180, 1991	25 Nov 1991	S. 116: 23 Dec 1991 (o)	-
Law and Justice Legislation Amendment Act 1992	22, 1992	13 Apr 1992	13 Apr 1992	-
Territories Law Reform Act 1992	104, 1992	30 June 1992	S. 24: 1 July 1992 (p)	-
Broadcasting Sercvices (Transitional Provisions and Consequential Amendments) Act 1992	105, 1992	9 July 1992	5 Oct 1992 (see s. 2 and Gazette 1992, No. GN38)	-
Trade Practices Amendment Act 1992	106, 1992	9 July 1992	9 July 1992	S. 3
Trade Practices Legislation Amendment Act 1992	222, 1992	24 Dec 1992	21 Jan 1993	Ss. 10 (2), 16 (2), 18 (2) and 21
Industrial Relations Reform Act 1993	98, 1993	22 Dec 1993	Ss. 42-48 and 54: 30 Mar 1994 (see Gazette 1994, No. S104) (q)	S. 54
Insurance Laws Amendment Act (No. 2) 1994	49, 1994	7 Apr 1994	Schedule (item 19): Royal Assent (r)	-
Law and Justice Legislation Amendment Act (No. 2) 1994	141, 1994	28 Nov 1994	S. 3 (items 21-26): Royal Assent (s)	-

(a) The Trade Practices Act 1974 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2 (1) of which provides as follows:

"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."

(b) The Trade Practices Act 1974 was amended by Part XIX (section 68) only of the Statute Law (Miscellaneous Amendments) Act 1981, subsection 2 (12) of which provides as follows:

"(12) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent."

(c) The Trade Practices Act 1974 was amended by Part LXXVI (sections 278 and 279) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2 (16) of which provides as follows:

"(16) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent."

(d) The Trade Practices Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2 (1) of which provides as follows:

"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."

(e) The Trade Practices Act 1974 was amended by subsection 151 (1) only of the Public Service Reform Act 1984, subsection 2 (4) of which provides as follows:

"(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation."

(f) The Trade Practices Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2 (28) of which provides as follows:

"(28) The amendment of the Trade Practices Act 1974 made by this Act shall come into operation on the day on which this Act receives the Royal Assent."

(g) The Trade Practices Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of which provides as follows:

"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."

(h) The Trade Practices Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2 (1) of which provides as follows:

"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."

(j) The Trade Practices Act 1974 was amended by section 3 only of the Jurisdiction of Courts (Miscellaneous Amendments) Act 1987, subsection 2 (2) of which provides as follows:

"(2) The amendments made by this Act to an Act specified in the Schedule shall come into operation on such day as is fixed by Proclamation in relation to those amendments."

The date fixed in pursuance of subsection 2 (2) was 1 September 1987 (see Gazette 1987, No. S217).

(k) The Trade Practices Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2 (32) of which provides as follows:

"(32) The amendment of the Trade Practices Act 1974 made by this Act shall come into operation on a day to be fixed by Proclamation for the purposes of this subsection, being a day not earlier than the day on which the United Nations Convention on Contracts for the International Sale of Goods, adopted at Vienna, Austria, on 10 April 1980, enters into force in respect of Australia."

(l) The Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988 was amended by Part XI (sections 34 and 35) only of the Law and Justice Legislation Amendment Act 1988, subsection 2 (6) of which provides as follows:

"(6) Part XI shall be taken to have commenced on 5 April 1988."

(m) The Trade Practices Act 1974 was amended by sections 22-25 only of the Law and Justice Legislation Amendment Act 1991, subsection 2 (1) of which provides as follows:

"(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent."

(n) The Trade Practices Act 1974 was amended by sections 48-56 only of the Transport and Communications Legislation Amendment Act 1991, subsection 2 (1) of which provides as follows:

"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."

(o) The Trade Practices Act 1974 was amended by section 116 only of the Special Broadcasting Service Act 1991, subsection 2 (1) of which provides as follows:

"(1) Subject to subsection (2), this Act commences 28 days after the day on which it receives the Royal Assent."

(p) The Trade Practices Act 1974 was amended by section 24 only of the Territories Law Reform Act 1992, subsection 2 (3) of which provides as follows:

"(3) The remaining provisions of this Act commence on 1 July 1992."

(q) The Trade Practices Act 1974 was amended by sections 42-48 and 54 only of the Industrial Relations Reform Act 1993, subsection 2 (6) of which provides as follows:

"(6) Subject to subsection (7), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation."

(r) The Trade Practices Act 1974 was amended by the Schedule (item 19) only of the Insurance Laws Amendment Act (No. 2) 1994, subsection 2 (1) of which provides as follows:

"(1) Section 1, 2 and 3 and the amendments contained in items 1, 2, 4, 5, 7, 17, 18 and 19 of the Schedule commence on the day on which this Act receives the Royal Assent."

(s) The Trade Practices Act 1974 was amended by section 3 (items 21-26) only of the Law and Justice Legislation Amendment Act (No. 2) 1994, subsection 2 (1) of which provides as follows:

"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."

Table of Amendments

ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted

Provision affected	How affected
S. 2	rep. No. 81, 1977
S. 2A	ad. No. 81, 1977 am. No. 34, 1989
S. 4	am. Nos. 88 and 157, 1976; No. 81, 1977; No. 206, 1978; No. 17, 1986; No. 8, 1988; No. 70, 1990; Nos. 104 and 222, 1992
S. 4A	ad. No. 81, 1977
S. 4B	ad. No. 81, 1977 am. No. 151, 1977; No. 17, 1986
S. 4C	ad. No. 81, 1977
S. 4D	ad. No. 81, 1977 am. No. 206, 1978; No. 17, 1986
S. 4E	ad. No. 81, 1977 am. No. 70, 1990
Ss. 4F-4K	ad. No. 81, 1977
S. 4L	ad. No. 81, 1977 am. No. 17, 1986
S. 4M	ad. No. 81, 1977
S. 5	am. No. 17, 1986; No. 70, 1990; No. 222, 1992
S. 6	am. No. 88, 1976; No. 81, 1977; Nos. 206 and 207, 1978; No. 73, 1980; No. 17, 1986; No. 70, 1990; Nos. 106 and 222. 1992; No. 98, 1993
S. 6A	No. 81, 1977
S. 7	rs. No. 81, 1977
S. 8	am. No. 81, 1977
S. 8A	ad. No. 81, 1977
Ss. 9, 10	am. No. 81, 1977
S. 11	am. No. 88, 1976; No. 17, 1986
S. 12	am. No. 88, 1976; No. 81, 1977 rs. No. 122, 1991
S. 13	am. No. 88, 1976 rs. No. 81, 1977 am. No. 206, 1978
S. 14	rs. No. 81, 1977
S. 15	am. No. 81, 1977
S. 17	am. No. 88, 1976; No. 81, 1977 rs. No. 17. 1986
S. 18	am. No. 17, 1986
Ss. 20-23	rep. No. 81, 1977
S. 24	am. No. 88, 1976 rep. No. 81, 1977
S. 26	am. No. 81, 1977 rep. No. 65, 1985
S. 27 .	am. No. 63, 1984
S. 28	am. No. 88, 1976; No. 81, 1977
S. 29	am. No. 88, 1976; No. 81, 1977; No. 17, 1986
S. 31	am. No. 81, 1977
S. 31A	ad. No. 111, 1977
S. 33	rs. No. 88, 1976 am. No. 81, 1977 rs. No. 111, 1977 am. No. 73, 1984
S. 34	am. No. 80, 1982
S. 35	am. No. 81, 1977; No. 61, 1981
S. 40	rs. No. 17, 1986
S. 44	am. No. 81, 1977
S. 44A	ad. No. 206, 1978
S. 45	rs. No. 81, 1977 am. No. 17, 1986; No. 222, 1992
S. 45A	ad. No. 81, 1977 am. No. 206, 1978
S. 45B	ad. No. 81, 1977
S. 45C	ad. No. 81, 1977 am. No. 17, 1986
S. 45D	ad. No. 81, 1977 am. No. 207, 1978; No. 73, 1980; No. 176, 1981 rs. No. 98, 1993
S. 45E	ad. No. 73, 1980 rep. No. 98, 1993
S. 46	rs. No. 81, 1977 am. No. 17, 1986; No. 222, 1992
S. 46A	ad. No. 70, 1990 am. No. 222, 1992
S. 46B	ad. No. 70, 1990
S. 47	am. No. 88, 1976 rs. No. 81, 1977 am. No. 206, 1978
S. 49	am. No. 81, 1977
S. 50	rs. No. 81, 1977 am. Nos. 8, 17 and 168, 1986; No. 49, 1991; No. 222, 1992
S. 50A	ad. No. 17, 1986 am. No. 22, 1992; No. 222, 1992
S. 51	am. No. 63, 1975; No. 88, 1976; No. 81, 1977; No. 73, 1980; No. 17, 1986; No. 28, 1989; No. 70, 1990; No. 98, 1993
Part IVA (s. 51AA)	ad. No. 222, 1992
S. 51AA	ad. No. 222, 1992
S. 51A	ad. No. 17, 1986
S. 52A	ad. No. 17, 1986 am. No. 222, 1992
Renumbered s. 51AB	No. 222, 1992
S. 52	am. No. 81, 1977
S. 53	am. No. 81, 1977; No. 17, 1986; No. 20, 1988
S. 53A	ad. No. 81, 1977 am. No. 206, 1978; No. 17, 1986
S. 53B	ad. No. 206, 1978 rs. No. 17, 1986
S. 53C	ad. No. 17, 1986
S. 54	am. No. 81, 1977
S. 55A	ad. No. 81, 1977
S. 56	am. No. 81, 1977; No. 17, 1986
S. 58	rs. No. 17, 1986
S. 59	am. No. 81, 1977; No. 17, 1986
S. 60	rs. No. 17, 1986
S. 61	am. No. 17, 1986
S. 62	am. No. 63, 1975; No. 81, 1977; No. 206, 1978 rep. No. 17, 1986
S. 63	am. No. 63, 1975; No. 81, 1977 rep. No. 17, 1986
S. 63AA	ad. No. 151, 1977 rep. No. 17, 1986
S. 63A	ad. No. 63, 1975 am. No. 81, 1977; Nos. 17 and 168, 1986
S. 64	am. No. 56, 1975; No. 81, 1977; No. 17, 1986
S. 65	am. No. 17, 1986
S. 65A	ad. No. 165, 1984 (as am. by No. 17, 1986) am. No. 180, 1991; No. 105, 1992
Div. 1A of Part V (ss. 65B-65U)	ad. No. 17, 1986
Ss. 65B-65E	ad. No. 17, 1986
S. 65F	ad. No. 17, 1986 am. No. 141, 1994
Ss. 65Q-65P	ad. No. 17, 1986
S. 65Q	ad. No. 17, 1986 am. No. 168, 1986; No. 141, 1994
S. 65R	ad. No. 17, 1986 am. No. 141, 1994
Ss. 65S, 65T	ad. No. 17, 1986
S. 65U	ad. No. 17, 1986 rep. No. 20, 1988
S. 66A	ad. No. 141, 1987
S. 68	am. No. 206, 1978; No. 17, 1986
S. 68A	ad. No. 151, 1977
Ss. 70-72	am. No. 81, 1977
S. 73	rs. No. 17, 1986
Ss. 73A, 73B	ad. No, 17, 1986
S. 74	am. No. 81, 1977; No. 17, 1986
Div. 2A of Part V (ss. 74A-74N( �/p>	ad. No. 206, 1978
Ss. 74A-74C	ad. No. 206, 1978 am. No. 17, 1986
S. 74D	ad. No. 206, 1978 am. Nos. 17 and 168, 1986
Ss. 74E-74G	ad. No. 206, 1978 am. No. 17, 1986
S. 74H	ad. No. 206, 1978
S. 74J	ad. No. 206, 1978 am. No. 17, 1986; No. 11, 1990
Ss. 74K, 74L	ad. No. 206, 1978
S. 75A	ad. No. 81, 1977
Part VA (ss. 75AA.-75AS)	ad. No. 106, 1992
Ss. 75AA-75AS	ad. No. 106, 1992
S. 75B	ad. No. 81, 1977 am No. 23, 1987; No. 222, 1992
S. 76	am. No. 88, 1976; No. 81, 1977; No. 207, 1978; No. 73, 1980; No. 222, 1992; No. 98. 1993
S. 77	am. No. 88, 1976
S. 79	am. No. 81, 1977; No. 17, 1986; No. 222, 1992
S. 79A	ad. No. 17, 1986
S. 80	am. No. 88, 1976; No. 81, 1977; No. 39, 1983; No. 17, 1996; No. 222, 1992
S. 80AA	ad. No. 73, 1980 am. No. 39, 1983; No. 87, 1988 (as am. by No. 108, 1990) rep. No. 98, 1993
S. 80A	ad. No. 81, 1977 am. No. 39, 1983; No. 17, 1986; No. 222, 1992
S. 81	am. No. 88, 1976 rs. No. 81, 1977 am. No. 17, 1986; No. 222, 1992
S. 82	rs. No. 81, 1977 am. No. 17, 1986; No. 222, 1992
S. 83	rs. No. 81, 1977 am. No. 222, 1992
S. 84	rs. No. 17, 1986 am. No. 70, 1990; No. 222, 1992
S. 85	am. No. 81, 1977; No. 17, 1986
S. 86	rs. No. 23, 1987 am. No. 222, 1992
S. 86A	ad. No. 23, 1987 am. No. 222, 1992
S. 86B	ad. No. 8, 1988 am. No. 222, 1992
S. 87	am. No. 81, 1977; No. 39, 1983; Nos. 17 and 168, 1986; No. 222, 1992; No. 49, 1994
S. 87A	ad. No. 17, 1986 am. No. 222, 1992
S. 87B	ad. No. 222, 1992
S. 87C	ad. No. 141, 1994
Heading to Part VII	am. No. 81, 1977; No. 206, 1978
S. 88	rs. No. 81, 1977 am. Nos. 206 and 207, 1978; No. 73, 1980; No. 17, 1986; No. 222, 1992; No. 98, 1993
S. 89	am. No. 88, 1976; No. 81, 1977; No. 17, 1986; No. 222, 1992
S. 90	am. No. 88, 1976; No. 81, 1977; No. 206, 1978; No. 73, 1980; No. 17, 1986; No. 11, 1990; No. 222, 1992; No. 98, 1993
S. 90A	ad. No. 81, 1977 am. No. 17, 1986
S. 91	am. No. 81, 1977; No. 17, 1986
Heading to Div. 2 of Part VII	rs. No. 81, 1977 am. No. 206, 1978
S. 92	rep. No. 81, 1977
S. 93	rs. No. 81, 1977 am. No. 206, 1978; No. 17, 1986
S. 93A	ad. No. 81, 1977
S. 94	rep. No. 81, 1977
S. 95	rs. No. 81, 1977 am. No. 17, 1986; No. 222, 1992
S. 100	am. No. 88, 1976
S. 101	am. No. 88, 1976; No. 81, 1977; No. 17, 1986
S. 101A	ad. No. 81, 1977
S. 102	rs. No. 81, 1977 am. No. 222, 1992
S. 109	am. No. 81, 1977
S. 110	am. No. 88, 1976
Part X (ss. 111-146)	rep. No. 34, 1989
S. 111	am. No. 88, 1976 rep. No. 34, 1989
Ss. 112-136	rep. No. 34, 1989
S. 137	am. No. 88, 1976 rep. No. 34, 1989
Ss. 138, 139	rep. No. 34, 1989
S. 140	am. No. 88, 1976 rep. No. 34, 1989
Ss. 141-146	rep. No. 34, 1989
Part X (ss. 10.01-10.93)	ad. No. 34, 1989
S. 10.01	ad. No. 34, 1989
S. 10.02	ad. No. 34, 1989 am. No. 173, 1991
Ss. 10.03-10.17	ad. No. 34, 1989
S. 10.17A	ad. No. 173, 1991
S. 10.18	ad. No. 34, 1989
S. 10.18A	ad. No. 173, 1991
Ss. 10.19-10.26	ad. No. 34, 1989
S. 10.27	ad. No. 34, 1989 am. No. 173, 1991
Ss. 10.28-10.31	ad. No. 34, 1989
S. 10.32	ad. No. 34, 1989 am. No. 173, 1991
Ss. 10.33-10.38	ad. No. 34, 1989
S. 10.39	ad. No. 34, 1989 am. No. 173, 1991
Ss. 10.40, 10.41	ad. No. 34, 1989
S. 10.42	ad. No. 34, 1989 am. No. 173, 1991
Ss. 10.43-10.89	ad. No. 34, 1989
S. 10.90	ad. No. 34, 1989 am. No. 173, 1991
Ss. 10.91-10.93	ad. No. 34, 1989
S. 149	am. No. 88, 1976; No. 81, 1977
Ss. 150-153	rep. No. 173, 1991
S. 154	rep. No. 34, 1989
S. 155	am. No. 81, 1977; No. 17, 1986; No. 70, 1990
Ss. 155A, 155B	ad. No. 70, 1990
S. 156	am. No. 70, 1990
S. 157	am. No. 81, 1977; No. 17, 1986
Ss. 158, 159	am. No. 81, 1977
Ss. 160, 161	am. No. 81, 1977; No. 17, 1986
S. 162	rs. No. 81, 1977 am. No. 17, 1986
S. 162A	ad. No. 17, 1986
S. 163	am. No. 88, 1976; No. 17, 1986; No. 20, 1988; No. 70, 1990
S. 163A	ad. No. 88, 1976 am. No. 81, 1977; No. 39, 1983
S. 164	rep. No. 81, 1977
S. 165	am. No. 17, 1986
S. 166	am. No. 88, 1976; No. 81, 1977
S. 167	am. No. 70, 1990
S. 168	rep. No. 81, 1977
S. 169	rs. No. 88, 1976 rep. No. 81, 1977
S. 170	am. No. 88, 1976; No. 81, 1977; No. 61, 1981; No. 17, 1986; No. 106, 1992
S. 171	am. No. 88, 1976
S. 171A	ad. No. 136, 1991
S. 172	am. No. 81, 1977; No. 136, 1991; No. 141, 1994

Omit 'granted by the Minister'."

The proposed amendment was misdescribed and is not incorporated in this reprint.

Add at the end the folllowing word and paragraph:

'; or (d) in the case of acts or things done in the Australian Capital Territory-except as provided by the regulations, to any act or thing that is, or is of a kind, specifically authorised or approved by, or by regulations under, an enactment as defined in section 3 of the Australian Capital Territory (Self-Government) Act 1988.'."

This consolidation has been prepared by the Attorney-General's Department and published for the Department by the Australian Government Publishing Service.

© Commonwealth of Australia 1995

The Copyright Act 1968 permits certain reproduction and publication of this legislation. In particular section 182A of the Act enables a complete copy to be made by or on behalf of a person for a particular purpose. For reproduction or publication beyond that permitted by the Act, prior written permission must be sought from the Australian Government Publishing Service. Inquiries and requests should be addressed to the Manager, Commonwealth Information Services, Australian Government Publishing Service, GPO Box 84, Canberra ACT 2601.

This consolidation is the most up-to-date available and takes into account the amendments to the Trade Practices Act 1974 made by legislation since January 1993, including the Industrial Relations Reform Act 1993 and the Law and Justice Legislation Amendment Act (No. 2) 1994.

Users of this work can rely on its accuracy. It is the product of a publishing initiative aimed at providing more affordable access to official consolidations of the law.

The consolidation has been prepared by the Attorney-General's Department.