Competition Policy Reform (Northern Territory) Act 1996

application law means:

(a) a law of a participating jurisdiction that applies the Competition Code, either with or without modifications, as a law of the participating jurisdiction;

(b) any regulations or other legislative instrument made under a law described in paragraph (a); or

(c) the Competition Code, applying as a law of the participating jurisdiction, either with or without modifications.

Commission means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act, and includes a member of the Commission or a Division of the Commission performing functions of the Commission.

Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth).

Competition Code means (according to the context):

(b) the Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications.

Competition Code text means the text described in section 4.

Conduct Code Agreement means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being.

Council means the National Competition Council established by section 29A of the Competition and Consumer Act.

instrument means any document whatever, including:

(b) a law of this jurisdiction or an instrument made under such a law; or

(c) an award or other industrial determination or order, or an industrial agreement; or

(g) an application made, information or complaint laid, affidavit made, or warrant issued, for any purpose; or

(j) any other pleading in, or process issued in connection with, a legal or other proceeding.

jurisdiction means a State.

law, in relation to a Territory, means a law of, or in force in, that Territory.

modifications includes additions, omissions and substitutions.

month means a period commencing at the beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month.

officer, in relation to the Commonwealth, has the meaning given in Part XIA of the Competition and Consumer Act.

participating jurisdiction means a jurisdiction that is a party to the Conduct Code Agreement and applies the Competition Code as a law of the jurisdiction, either with or without modifications.

Schedule version of Part IV means the text set out in Schedule 1, Part 1 of the Competition and Consumer Act.

State includes a Territory.

Territory means the Territory or the Australian Capital Territory.

this jurisdiction means the Territory.

Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act, and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.

(2) If an expression is defined in the Competition and Consumer Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.

(3) In this Act, a reference to a Commonwealth Act includes a reference to:

(a) that Commonwealth Act as amended and in force for the time being; and

(b) the remaining provisions of the Competition and Consumer Act (except sections 2A, 5, 6 and 172), so far as they would relate to the Schedule version if the Schedule version were substituted for Part IV of that Act; and

(c) the regulations under the Competition and Consumer Act, so far as they relate to any provisions covered by paragraph (a) or (b).

(a) the provisions referred to in subsection (1) (b) and (c) are to be modified as necessary to fit in with the Schedule version of Part IV; and

(b) in particular, references to corporations are to include references to persons who are not corporations.

(1) The Competition Code text, as in force for the time being, applies as a law of the Territory.

(1) A modification made by a Commonwealth law to the Competition Code text after the commencement of this section:

(a) does not apply under section 5 until at least the end of the period of 2 months after the date of the modification, unless the Minister, by notice in the Gazette, appoints an earlier date; and

(b) does not apply under that section at all, if the modification is declared by the notice to be excluded from the operation of that section.

(a) cannot appoint a day that is earlier than the date of publication of the notice or that is earlier than the date on which the modification of the text takes effect; and

(b) is taken in such a case to appoint the date of publication of the notice or the date on which the modification of the text takes effect, whichever is the later.

(3) A notice under subsection (1)(b) has effect only if published or notified before the end of 2 months after the date of the modification.

(4) Subsection (1)(b) ceases to apply to the modification if a further notice by the Minister in the Gazette so provides.

(5) For the purposes of this section, the date of the modification is the date on which the Commonwealth Act effecting the modification receives the Royal Assent or the regulation effecting the modification is notified in the Commonwealth of Australia Gazette.

(1) The Acts Interpretation Act 1901 (Cth) applies as a law of this jurisdiction to:

(2) For the purposes of subsection (1), the Commonwealth Act mentioned in that subsection applies as if:

(a) the statutory provisions in the Competition Code of this jurisdiction were a Commonwealth Act; and

(b) the regulations in the Competition Code of this jurisdiction or instruments mentioned in that subsection were regulations or instruments under a Commonwealth Act.

(1) The Competition Code of this jurisdiction applies to and in relation to:

(b) bodies corporate taken to be registered in the Territory by virtue of section 119A of the Corporations Act 2001;

(2) Subject to subsection (1), the Competition Code of this jurisdiction extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).

(3) Where a claim under section 82 of the Competition Code of this jurisdiction is made in a proceeding, a person is not entitled to rely at a hearing in respect of that proceeding on conduct to which a provision of the Code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.

(4) A person other than the Commonwealth Minister or the Commission is not entitled to make an application to the Court for an order under section 87(1) or (1A) of the Competition Code of this jurisdiction in a proceeding in respect of conduct to which a provision of the Code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.

(5) The Commonwealth Minister is required to give a consent under subsection (3) or (4) in respect of a proceeding unless, in the opinion of the Commonwealth Minister:

(a) the law of the country in which the conduct concerned was engaged in required or specifically authorised the engaging in of the conduct; and

(6) In this section, Commonwealth Minister means a Minister of State for the Commonwealth administering Part IV of the Competition and Consumer Act.