New Tax System Price Exploitation Code (South Australia) Act 1999

This Act may be cited as the New Tax System Price

Act 1999.

This Act will come into operation on a day to be fixed by proclamation not being a day earlier than the day on which the

A New Tax System (Trade Practices Amendment)

Act 1999 of the Commonwealth comes into operation.

Section 7(5) of the Acts Interpretation

Act 1915 does not apply to this

Act.

In this Act, unless the contrary intention appears—

application law means—

a law of a participating jurisdiction that applies the

New Tax System Price Exploitation

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 New Tax System Price

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

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;

New Tax System Price Exploitation Code means (according to the context)—

the New Tax System Price

Exploitation Code text; or

the New Tax System Price

Exploitation Code text, applying as a law of a participating jurisdiction, either with or without modifications;

New Tax System Price Exploitation Code text means the text described in section 4;

officer, in relation to the Commonwealth, has the meaning given in Part XIAA of the Trade Practices Act;

participating jurisdiction means a jurisdiction that applies the New Tax System Price

Exploitation 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 VB means the text that is set out in Part 2 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.

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 New Tax System Price Exploitation Code text consists of—

the Schedule version of Part VB; 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 VB 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); and

the guidelines under section 75AV of the Trade Practices Act.

For the purpose of forming part of the New Tax System Price Exploitation 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 VB; and

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

The New Tax System Price

Exploitation 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

New Tax System Price Exploitation

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 New

Tax System Price Exploitation 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 New Tax System Price

Exploitation 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 New Tax System Price Exploitation Code of this jurisdiction were a Commonwealth Act; and

the regulations in the New

Tax System Price Exploitation 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 New Tax System Price

Exploitation Code of South Australia; or

any instrument under that Code.

The New Tax System Price

Exploitation 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 section 8, the New Tax System Price Exploitation

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).

The New Tax System Price

Exploitation Code text applying as a law of this jurisdiction may be cited as the New Tax System

Price Exploitation Code of South Australia.

The object of this section is to help ensure that the

New Tax System Price Exploitation

Code of this jurisdiction can operate, in appropriate circumstances, as if that Code, together with the New Tax System Price Exploitation Code of each other participating jurisdiction, constituted a single national

New Tax System Price Exploitation

Code applying throughout the participating jurisdictions.

A reference in any instrument to the New Tax System Price Exploitation Code is a reference to the New Tax System Price

Exploitation 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 New Tax

System Price Exploitation Code text as in force for the time being applies as a law of that jurisdiction, the New Tax System Price Exploitation Code of that jurisdiction is the New Tax System

Price Exploitation Code text, applying as a law of that jurisdiction.