1Purpose
The purpose of this Act is to apply certain laws of the Commonwealth relating to competition policy as laws of Victoria.
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Bill homepage (legislation.vic.gov.au)The purpose of this Act is to apply certain laws of the Commonwealth relating to competition policy as laws of Victoria.
Parts 1 and 7 come into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act come into operation 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 order of the Governor in Council published in the Government Gazette, but any such postponement cannot be effected after the provisions have commenced.
In this Act—
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;
S. 3(1) def. of Commission amended by No. 6/2023 s. 4(1)(b).
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;
S. 3(1) def. of Competition and Consumer Act inserted by No. 6/2023 s. 4(1)(a).
Competition and Consumer Act means the Competition and Consumer Act 2010 of the Commonwealth;
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;
S. 3(1) def. of Conduct Code Agreement repealed by No. 15/2026 s. 19(a).
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S. 3(1) def. of Council amended by No. 6/2023 s. 4(1)(b).
Council means the National Competition Council established by section 29A of the Competition and Consumer Act;
S. 3(1) def. of instrument amended by Nos 68/2009 s. 97(Sch. item 22.1), 6/2018 s. 68(Sch. 2 item 25).
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, charge-sheet filed, affidavit sworn or affirmed, or warrant issued, for any purpose; or
an indictment, summons or writ; or
any other pleading in, or process issued in connection with, a legal or other proceeding;
S. 3(1) def. of Intergovern-mental Agreement on National Competition Policy inserted by No. 15/2026 s. 19(b).
Intergovernmental Agreement on National Competition Policy means the agreement made on 29 November 2024 between the Commonwealth, the State, other States of the Commonwealth and the Territories as in force from time to time;
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;
S. 3(1) def. of officer amended by No. 6/2023 s. 4(1)(b).
officer, in relation to the Commonwealth, has the meaning given in Part XIA of the Competition and Consumer Act;
S. 3(1) def. of participating jurisdiction amended by No. 15/2026 s. 19(c).
participating jurisdiction means a jurisdiction that is a party to the Intergovernmental Agreement on National Competition Policy and applies the Competition Code as a law of the jurisdiction, either with or without modifications;
S. 3(1) def. of Schedule version of Part IV amended by Nos 43/1999 s. 40, 6/2023 s. 4(1)(c).
Schedule version of Part IV means the text that is set out in Part 1 of Schedule 1 to the Competition and Consumer Act;
State includes a Territory;
Territory means the Australian Capital Territory or the Northern Territory of Australia;
this jurisdiction means Victoria;
S. 3(1) def. of Trade Practices Act repealed by No. 6/2023 s. 4(1)(d).
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S. 3(1) def. of Tribunal amended by No. 6/2023 s. 4(1)(b).
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.
S. 3(2) amended by No. 6/2023 s. 4(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.
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.
Part 2—The Competition Code
The Competition Code text consists of—
the Schedule version of Part IV; and
S. 4(1)(b) amended by No. 6/2023 s. 5.
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
S. 4(1)(c) amended by No. 6/2023 s. 5.
the regulations under the Competition and Consumer 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 Victoria.
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—
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 Governor in Council, by Order published in the Government Gazette, appoints an earlier date; and
does not apply under that section at all, if the modification is declared by Order of the Governor in Council published in the Government Gazette to be excluded from the operation of that section.
An Order under subsection (1)(a)—
cannot appoint any day that is earlier than the date of publication or notification of the Order or that is earlier than the date on which the modification of the text takes effect; and
is taken in such a case to appoint the date of publication or notification of the Order or the date on which the modification of the text takes effect, whichever is the later.
An Order under subsection (1)(b) has effect only if published or notified before the end of 2 months after the date of the modification.
Subsection (1)(b) ceases to apply to the modification if a further Order so provides.
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 Interpretation of Legislation Act 1984 does not apply to—
the Competition Code of Victoria; 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—
S. 8(6) def. of Common-wealth Minister amended by No. 6/2023 s. 6.
Commonwealth Minister means a Minister of State for the Commonwealth administering Part IV of the Competition and Consumer Act.
S. 9 amended by No. 6/2023 s. 7.
The reference in section 45 of the Competition Code of this or another participating jurisdiction to "the commencement of this section" is taken to be a reference 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.
Part 3—Citing the Competition Codes
The Competition Code text applying as a law of this jurisdiction may be cited as the Competition Code of Victoria.
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.
Part 4—Application of Competition Codes to Crown
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