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1.(1) This Act may be cited as the Competition Policy Reform Act 1995.
In this Act, "Principal Act" means the Trade Practices Act 19741.
2.(1) The following provisions commence on the 28th day after the day on which this Act receives the Royal Assent:
Parts 1, 2 and 7;
Division 2 of Part 5.
Part 3 commences on a day to be fixed by Proclamation. However, if Part 3 does not commence by Proclamation within the period of 6 months beginning on the day on which this Act receives the Royal Assent, then it commences on the first day after the end of that period.
Part 4 commences immediately after Part 3 commences.
Division 1 of Part 5 commences on the first day after the end of the period of 12 months after the day on which this Act receives the Royal Assent.
Part 6 commences immediately after the commencement of Division 1 of Part 5.
PART 2—AMENDMENTS COMMENCING AT THE FIRST COMMENCEMENT TIME
Division 1—Amendments
After section 1 of the Principal Act the following section is inserted:
Object of this Act
"2. The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.".
Section 4 of the Principal Act is amended by inserting in subsection (1):
" 'Competition Principles Agreement' means the Competition Principles Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time;
'Conduct Code Agreement' means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time;".
Section 4C of the Principal Act is amended:
by omitting from paragraph (d) "and";
by adding at the end:
"; (f) a reference to the re-supply of services (the 'original services') acquired from a person (the 'original supplier') includes a reference to:
a supply of the original services to another person in an altered form or condition; and
a supply to another person of other services that are substantially similar to the original services, and could not have been supplied if the original services had not been acquired by the person who acquired them from the original supplier.".
Section 6 of the Principal Act is amended by inserting after subsection (2):
"(2A) So far as subsection (2) relates to Part IV, that subsection has effect in relation to a participating Territory as if the words 'within a Territory, ' were omitted from subparagraphs (2)(a)(iii) and (2)(b)(iii). For this purpose, 'participating Territory' means a Territory that is a participating Territory within the meaning of Part XIA but is not named in a notice in operation under section 150K.".
Section 8A of the Principal Act is amended by inserting in subsection (6) "or (3A)" after "93(3)".
After section 43 of the Principal Act the following sections are inserted:
Counsel assisting Tribunal
"43A.
The President may, on behalf of the Commonwealth, appoint a legal practitioner to assist the Tribunal as counsel, either generally or in relation to a particular matter or matters.
"(2) In this section:
'legal practitioner' means a legal practitioner (however described) of the High Court or of the Supreme Court of a State or Territory.
Consultants
"43B. The Registrar may, on behalf of the Commonwealth, engage persons as consultants to, or to perform services for, the Tribunal.".
Section 45 of the Principal Act is amended:
by omitting paragraph (5)(c) and substituting:
"(c) a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding in so far as the provision relates to:
conduct that contravenes section 48; or
conduct that would contravene section 48 but for the operation of subsection 88(8A); or
conduct that would contravene section 48 if this Act defined the acts constituting the practice of resale price maintenance by reference to the maximum price at which goods or services are to be sold or supplied or are to be advertised, displayed or offered for sale or supply.";
by adding at the end of paragraph (6)(b):
"; or (iii) a notice under subsection 93(1) is in force in relation to conduct engaged in by that person on that condition.".
Section 45A of the Principal Act is amended:
by omitting from paragraph (2)(a) "the parties" (first occurring) and substituting "2 or more of the parties";
by omitting from paragraph (2)(a) "the parties" (second occurring) and substituting "all the parties";
by omitting from paragraph (2)(a) "those parties" and substituting "all the parties";
by omitting from paragraph (2)(b) "the parties" (first occurring) and substituting "2 or more of the parties";
by omitting from paragraph (2)(b) "the parties" (second occurring) and substituting "all the parties";
by omitting subsection (3);
by inserting in paragraph (4)(b) "or services" after "goods";
by inserting in subsection (7) "or services" after "goods" (wherever occurring).
Section 45B of the Principal Act is amended by adding at the end of paragraph (5)(b):
"; or (iii) a notice under subsection 93(1) is in force in relation to conduct engaged in by that person on that condition.".
Section 45C of the Principal Act is amended by inserting in subsection (4) "or services" after "goods" (wherever occurring).