Competition Policy Reform (South Australia) Act 1996

This Act may be cited as the Competition Policy

Reform (South Australia) Act 1996.

Parts

1 and

7 commence on the date of assent to this

Act.

The remaining provisions of this Act commence on the first day after the end of the period of 12 months after the day on which the

Competition Policy Reform

Act 1995 of the Commonwealth received the Royal Assent, but, if the commencement of those provisions is postponed under subsection (3), they commence on the day to which their commencement has been postponed (or the later or latest of those days).

The commencement of the provisions referred to in subsection (2) may be postponed from time to time by proclamation, but any such postponement cannot be effected after the provisions have commenced.

In this Act, unless the contrary intention appears—

application law means—

a law of a participating jurisdiction that applies the Competition

Code, either with or without modifications, as a law of the participating jurisdiction; or

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

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 Trade Practices Act, and includes a member of the Commission or a Division of the Commission performing functions of the Commission;

Competition Code means (according to the context)—

the Competition Code text; or

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 Trade Practices Act;

Instrument means any document whatever, including—

an Act or an instrument made under an Act; or

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

or

an award or other industrial determination or order, or an industrial agreement; or

any other order (whether executive, judicial or otherwise);

or

a notice, certificate or licence; or

an agreement; or

an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or

an indictment, presentment, summons or writ; or

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 Trade Practices 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;

proclamation means a proclamation of the

Governor published in the Government Gazette of this jurisdiction;

Schedule version of Part IV means the text that is set out in Part 1 of the Schedule to the Trade Practices Act;

State includes a Territory;

Territory means the Australian Capital Territory or the Northern Territory of Australia;

this jurisdiction means South

Australia;

Trade Practices Act means the

Trade Practices Act 1974 of the Commonwealth;

Tribunal means the Australian Competition

Tribunal referred to in the Trade Practices Act, and includes a member of the

Tribunal or a Division of the Tribunal performing functions of the

Tribunal.

If an expression is defined in the Trade Practices 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.

In this Act, a reference to a Commonwealth Act includes a reference to—

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

and

an Act enacted in substitution for that Act.

The Competition Code text consists of—

the Schedule version of Part IV; and

the remaining provisions of the Trade Practices 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

the regulations under the Trade Practices Act, so far as they relate to any provisions covered by paragraph (a) or (b).

For the purpose of forming part of the Competition Code text—

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

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

The Competition Code text, as in force for the time being, applies as a law of South Australia.

This section has effect subject to section 6.

A modification made by a Commonwealth law to the Competition Code text after the commencement of this section applies as a law of South Australia (unless excluded under subsection (3)) as from the date the modification takes effect under Commonwealth law or 2 months after the date of the modification (whichever is the later).

However, the Governor may, by proclamation, fix an earlier date for the commencement of the modification as a law of South Australia but the date so fixed cannot be earlier than—

the date of publication of the proclamation in the Gazette;

or

the date the modification takes effect under Commonwealth law.

The Governor may, by proclamation published within 2 months after the date of a modification to the Competition Code text, exclude the modification from applying as a law of South

Australia.

The Governor may, by a later proclamation, revoke the exclusion and, in that event, the modification takes effect as a law of South Australia on the date of that later proclamation or on a later day fixed in that proclamation.

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.

The Acts Interpretation

Act 1901 of the Commonwealth applies as a law of this jurisdiction to—

the Competition Code of this jurisdiction; and

any instrument under that Code.

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

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

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

The Acts Interpretation

Act 1915 does not apply to—

the Competition Code of South Australia; or

any instrument under that Code.

The Competition Code of this jurisdiction applies to and in relation to—

persons carrying on business within this jurisdiction; or

bodies corporate incorporated or registered under the law of this jurisdiction; or

persons ordinarily resident in this jurisdiction; or

persons otherwise connected with this jurisdiction.

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).

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.

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.

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—

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

it is not in the national interest that the consent be given.

In this section—

Commonwealth Minister means a Minister of State for the Commonwealth administering Part IV of the Trade Practices Act.

The references in sections 45 and 45B of the Competition Code of this or another participating jurisdiction to "the commencement of this section" are taken to be references to the commencement of the provision of the law of that jurisdiction that provides that the Competition Code text as in force for the time being applies as a law of that jurisdiction.

The Competition Code text applying as a law of this jurisdiction may be cited as the Competition Code of South Australia.

The object of this section is to help ensure that the Competition

Code of this jurisdiction can operate, in appropriate circumstances, as if that

Code, together with the Competition Code of each other participating jurisdiction, constituted a single national Competition Code applying throughout the participating jurisdictions.

A reference in any instrument to the Competition Code is a reference to the Competition Codes of any or all of the participating jurisdictions.

Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.

This section has effect for the purposes of an Act, a law of this jurisdiction or an instrument under an Act or such a law.

If a law of a participating jurisdiction other than this jurisdiction provides that the Competition Code text as in force for the time being applies as a law of that jurisdiction, the Competition Code of that jurisdiction is the Competition Code text, applying as a law of that jurisdiction.