Trade Practices Act 1974
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TABLE OF PROVISIONS
PART I--PRELIMINARY[edit]
1. Short title [see Note 1] 2. Object of this Act 2A. Application of Act to Commonwealth and Commonwealth authorities 2B. Application of Act to States and Territories 2BA. Application of Part IV to local government bodies 2C. Activities that are not business 3. Repeal 4. Interpretation 4A. Subsidiary, holding and related bodies corporate 4B. Consumers 4C. Acquisition, supply and re-supply 4D. Exclusionary provisions 4E. Market 4F. References to purpose or reason 4G. Lessening of competition to include preventing or hindering competition 4H. Application of Act in relation to leases and licences of land and buildings 4J. Joint ventures 4K. Loss or damage to include injury 4KA. Personal injury 4L. Severability 4M. Saving of law relating to restraint of trade and breaches of confidence 4N. Extended application of Part IIIA 5. Extended application of Parts IV, IVA, V, VB and VC 6. Extended application of Parts IV, IVA, IVB, V, VA, VB and VC 6AA. Application of the Criminal Code
PART II--THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION[edit]
6A. Establishment of Commission 7. Constitution of Commission 8. Terms and conditions of appointment 8A. Associate members 8AB. State/Territory AER members taken to be associate members 9. Remuneration 10. Deputy Chairpersons 11. Acting Chairperson 12. Leave of absence 13. Termination of appointment of members of the Commission 14. Termination of appointment of associate members of the Commission 15. Resignation 16. Arrangement of business 17. Disclosure of interests by members 18. Meetings of Commission 19. Chairperson may direct Commission to sit in Divisions 25. Delegation by Commission 26. Delegation by Commission in relation to unconscionable conduct and consumer protection 27. Staff of Commission 27A. Consultants 28. Functions of Commission in relation to dissemination of information, law reform and research 29. Commission to comply with directions of Minister and requirements of the Parliament
PART IIA--THE NATIONAL COMPETITION COUNCIL[edit]
29AA. Definitions 29A. Establishment of Council 29B. Functions and powers of Council 29BA. Commonwealth consent to conferral of functions etc. on Council 29BB. How duty is imposed 29BC. When a State/Territory gas law imposes a duty 29C. Membership of Council 29D. Terms and conditions of office 29E. Acting Council President 29F. Remuneration of Councillors 29G. Leave of absence 29H. Termination of appointment of Councillors 29I. Resignation of Councillors 29J. Arrangement of Council business 29K. Disclosure of interests by Councillors 29L. Council meetings 29M. Staff to help Council 29N. Consultants 29O. Annual report
PART III--THE AUSTRALIAN COMPETITION TRIBUNAL[edit]
29P. Definition 30. Constitution of Tribunal 31. Qualifications of members of Tribunal 31A. Appointment of Judge as presidential member of Tribunal not to affect tenure etc. 32. Terms and conditions of appointment 33. Remuneration and allowances of members of Tribunal 34. Acting appointments 35. Suspension and removal of members of Tribunal 36. Resignation 37. Constitution of Tribunal for particular matters 38. Validity of determinations 39. President may give directions 40. Disclosure of interests by members of Tribunal 41. Presidential member to preside 42. Decision of questions 43. Member of Tribunal ceasing to be available 43A. Counsel assisting Tribunal 43B. Consultants 44. Staff of Tribunal 44A. Acting appointments
PART IIIAA--THE AUSTRALIAN ENERGY REGULATOR[edit]
Division 1--Preliminary
44AB. Definitions 44AC. This Part binds the Crown 44AD. Extra-territorial operation
Division 2--Establishment of the AER
44AE. Establishment of the AER 44AF. AER to hold money and property on behalf of the Commonwealth 44AG. Constitution of the AER
Division 3--Functions and powers of the AER
44AH. Commonwealth functions 44AI. Commonwealth consent to conferral of functions etc. on AER 44AJ. How duty is imposed 44AK. When a State/Territory energy law imposes a duty 44AL. Powers of the AER
Division 4--Administrative provisions relating to the AER
Subdivision A--Appointment etc
44AM. Appointment of Commonwealth AER member 44AN. Membership of AER and Commission 44AO. Acting appointment of Commonwealth AER member 44AP. Appointment of State/Territory AER members 44AQ. Acting appointment of State/Territory AER member 44AR. AER Chair 44AS. Acting AER Chair 44AT. Remuneration of AER members 44AU. Additional remuneration of AER Chair 44AV. Leave of absence 44AW. Other terms and conditions 44AX. Outside employment 44AY. Disclosure of interests 44AZ. Resignation 44AAB. Termination of appointment
Subdivision B--Staff etc
44AAC. Staff etc. to assist the AER
Subdivision C--Meetings of the AER etc
44AAD. Meetings 44AAE. Resolutions without meetings
Subdivision D--Miscellaneous
44AAF. Confidentiality 44AAG. Federal Court may make certain orders 44AAGA. Federal Court may order disconnection if an event specified in the National Electricity Rules occurs 44AAH. Delegation by the AER 44AAI. Fees 44AAJ. Annual report 44AAK. Regulations may deal with transitional matters
PART IIIA--ACCESS TO SERVICES[edit]
Division 1--Preliminary
44AA. Objects of Part 44B. Definitions 44C. How this Part applies to partnerships and joint ventures 44D. Meaning of designated Minister 44DA. The principles in the Competition Principles Agreement have status as guidelines 44E. This Part binds the Crown
Division 2--Declared services
Subdivision A--Recommendation by the Council
44F. Person may request recommendation 44G. Limits on the Council recommending declaration of a service 44GA. Target time limits on Council recommendation 44GB. Council may invite public submissions on the application 44GC. Council must publish its recommendation
Subdivision B--Declaration by the designated Minister
44H. Designated Minister may declare a service 44HA. Designated Minister must publish his or her decision 44I. Duration and effect of declaration 44J. Revocation of declaration 44JA. Target time limits on designated Minister's revocation decision 44K. Review of declaration 44L. Review of decision not to revoke a declaration
Division 2A--Effective access regimes
Subdivision A--Recommendation by Council
44M. Recommendation for a Ministerial decision on effectiveness of access regime
Subdivision B--Decision by Commonwealth Minister
44N. Ministerial decision on effectiveness of access regime
Subdivision C--Extensions of Commonwealth Minister's decision
44NA. Recommendation by Council 44NB. Decision by the Commonwealth Minister
Subdivision D--Procedural provisions
44NC. Target time limits--Council 44ND. Target time limits--Commonwealth Minister 44NE. Council may invite public submissions 44NF. Publication--Council 44NG. Publication--Commonwealth Minister
Subdivision E--Review of decisions
44O. Review of Ministerial decision on effectiveness of access regime
Subdivision F--State or Territory ceasing to be a party to Competition Principles Agreement
44P. State or Territory ceasing to be a party to Competition Principles Agreement
Division 2B--Competitive tender processes for government owned facilities
44PA. Approval of competitive tender process 44PB. Report on conduct of tender process 44PC. Revocation of approval decision 44PD. Target time limits for Commission decisions 44PE. Commission may invite public submissions 44PF. Commission must publish its decisions 44PG. Review of Commission's initial decision 44PH. Review of decision to revoke an approval
Division 2C--Register of decisions and declarations
44Q. Register of decisions and declarations
Division 3--Access to declared services
Subdivision A--Scope of Division
44R. Constitutional limits on operation of this Division
Subdivision B--Notification of access disputes
44S. Notification of access disputes 44T. Withdrawal of notifications
Subdivision C--Arbitration of access disputes
44U. Parties to the arbitration 44V. Determination by Commission 44W. Restrictions on access determinations 44X. Matters that the Commission must take into account 44XA. Target time limits for Commission's final determination 44Y. Commission may terminate arbitration in certain cases
Subdivision D--Procedure in arbitrations
44Z. Constitution of Commission for conduct of arbitration 44ZA. Member of the Commission presiding at an arbitration 44ZB. Reconstitution of Commission 44ZC. Determination of questions 44ZD. Hearing to be in private 44ZE. Right to representation 44ZF. Procedure of Commission 44ZG. Particular powers of Commission 44ZH. Power to take evidence on oath or affirmation 44ZI. Failing to attend as a witness 44ZJ. Failing to answer questions etc. 44ZK. Intimidation etc. 44ZL. Party may request Commission to treat material as confidential 44ZM. Sections 18 and 19 do not apply to the Commission in an arbitration 44ZN. Parties to pay costs of an arbitration 44ZNA. Joint arbitration hearings
Subdivision DA--Arbitration reports
44ZNB. Arbitration reports
Subdivision E--Effect of determinations
44ZO. Operation of final determinations 44ZOA. Effect and duration of interim determinations
Subdivision F--Review of final determinations
44ZP. Review by Tribunal 44ZQ. Provisions that do not apply in relation to a Tribunal review 44ZR. Appeals to Federal Court from determinations of the Tribunal 44ZS. Operation and implementation of a determination that is subject to appeal 44ZT. Transmission of documents
Subdivision G--Variation and revocation of determinations
44ZU. Variation of final determinations 44ZUA. Variation and revocation of interim determinations
Division 4--Registered contracts for access to declared services
44ZV. Constitutional limits on operation of this Division 44ZW. Registration of contract 44ZX. Review of decision not to register contract 44ZY. Effect of registration of contract
Division 5--Hindering access to declared services
44ZZ. Prohibition on hindering access to declared services
Division 6--Access undertakings and access codes for services
Subdivision A--Giving of access undertakings and access codes
44ZZA. Access undertakings by providers 44ZZAA. Access codes prepared by industry bodies 44ZZAB. Commission may rely on industry body consultations
Subdivision B--Effect of access undertakings and access codes
44ZZBA. When access undertakings and access codes come into operation
Subdivision C--Extensions of access undertakings and access codes
44ZZBB. Extensions of access undertakings and access codes
Subdivision D--Procedural provisions
44ZZBC. Target time limits for Commission decisions 44ZZBD. Commission may invite public submissions 44ZZBE. Commission must publish its decisions
Subdivision E--Review of decisions
44ZZBF. Review of decisions
Subdivision F--Register of access undertakings and access codes
44ZZC. Register of access undertakings and access codes
Division 6A--Pricing principles for access disputes and access undertakings or codes
44ZZCA. Pricing principles for access disputes and access undertakings or codes
Division 6B--Overlap among determinations, registered contracts and access undertakings
44ZZCB. Deferring access disputes or access undertakings 44ZZCC. Overlap between determinations and access undertakings 44ZZCD. Overlap between registered contracts and access undertakings
Division 7--Enforcement and remedies
44ZZD. Enforcement of determinations 44ZZE. Enforcement of prohibition on hindering access 44ZZF. Consent injunctions 44ZZG. Interim injunctions 44ZZH. Factors relevant to granting a restraining injunction 44ZZI. Factors relevant to granting a mandatory injunction 44ZZJ. Enforcement of access undertakings 44ZZK. Discharge or variation of injunction or other order
Division 8--Miscellaneous
44ZZL. Register of determinations 44ZZM. Commonwealth consent to conferral of functions etc. on the Commission or Tribunal by State or Territory laws 44ZZMA. How duty is imposed 44ZZMB. When a law of a State or Territory imposes a duty 44ZZN. Compensation for acquisition of property 44ZZNA. Operation of Parts IV and VII not affected by this Part 44ZZO. Conduct by directors, servants or agents 44ZZOA. Target time limits for Tribunal decisions 44ZZP. Regulations about review by the Tribunal 44ZZQ. Regulations about fees for inspection etc. of registers
PART IV--RESTRICTIVE TRADE PRACTICES[edit]
45. Contracts, arrangements or understandings that restrict dealings or affect competition 45A. Contracts, arrangements or understandings in relation to prices 45B. Covenants affecting competition 45C. Covenants in relation to prices 45D. Secondary boycotts for the purpose of causing substantial loss or damage 45DA. Secondary boycotts for the purpose of causing substantial lessening of competition 45DB. Boycotts affecting trade or commerce 45DC. Involvement and liability of employee organisations 45DD. Situations in which boycotts permitted 45E. Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services 45EA. Provisions contravening section 45E not to be given effect 45EB. Sections 45D to 45EA do not affect operation of other provisions of Part 46. Misuse of market power 46A. Misuse of market power--corporation with substantial degree of power in trans-Tasman market 46B. No immunity from jurisdiction in relation to certain New Zealand laws 47. Exclusive dealing 48. Resale price maintenance 49. Dual listed company arrangements that affect competition 50. Prohibition of acquisitions that would result in a substantial lessening of competition 50A. Acquisitions that occur outside Australia 51. Exceptions 51AAA. Concurrent operation of State and Territory laws
PART IVA--UNCONSCIONABLE CONDUCT[edit]
51AAB. Part does not apply to financial services 51AA. Unconscionable conduct within the meaning of the unwritten law of the States and Territories 51AB. Unconscionable conduct 51AC. Unconscionable conduct in business transactions 51ACAA. Concurrent operation of State and Territory laws
PART IVB--INDUSTRY CODES[edit]
51ACA. Definitions 51AD. Contravention of industry codes 51AE. Regulations relating to industry codes 51AEA. Concurrent operation of State and Territory laws
PART V--CONSUMER PROTECTION[edit]
Division 1--Unfair practices
51AF. Part does not apply to financial services 51A. Interpretation 52. Misleading or deceptive conduct 53. False or misleading representations 53A. False representations and other misleading or offensive conduct in relation to land 53B. Misleading conduct in relation to employment 53C. Cash price to be stated in certain circumstances 54. Offering gifts and prizes 55. Misleading conduct to which Industrial Property Convention applies 55A. Certain misleading conduct in relation to services 56. Bait advertising 57. Referral selling 58. Accepting payment without intending or being able to supply as ordered 59. Misleading representations about certain business activities 60. Harassment and coercion 63A. Unsolicited credit and debit cards 64. Assertion of right to payment for unsolicited goods or services or for making entry in directory 65. Liability of recipient of unsolicited goods 65A. Application of provisions of Division to prescribed information providers
Division 1AAA--Pyramid selling
65AAA. Overview 65AAB. Definitions 65AAC. Pyramid selling schemes--participation 65AAD. What is a pyramid selling scheme? 65AAE. Marketing schemes--are they pyramid selling schemes?
Division 1AA--Country of origin representations
Subdivision A--General
65AA. Overview 65AB. General test for country of origin representations 65AC. Test for representations that goods are product of/produce of a country 65AD. Test for representations made by means of prescribed logo 65AE. Substantial transformation of goods 65AF. Method of working out costs of production or manufacture
Subdivision B--Cost of production or manufacture of goods
65AG. Definitions 65AH. Cost of producing or manufacturing goods 65AJ. Expenditure on materials 65AK. Expenditure on labour 65AL. Expenditure on overheads 65AM. Regulations may prescribe rules for determining the local percentage costs of production or manufacture
Subdivision C--Evidentiary matters
65AN. Proceedings relating to false, misleading or deceptive conduct or representations
Division 1A--Product safety and product information
65B. Warning notice to public 65C. Product safety standards and unsafe goods 65D. Product information standards 65E. Power of Minister to declare product safety or information standards 65F. Compulsory product recall 65G. Compliance with product recall order 65H. Loss or damage caused by contravention of product recall order 65J. Opportunity for conference to be afforded before certain powers exercised 65K. Recommendation after conclusion of conference 65L. Exception in case of danger to public 65M. Conference after goods banned 65N. Recommendation after conclusion of conference 65P. Minister to have regard to recommendation of Commission 65Q. Power to obtain information, documents and evidence 65R. Notification of voluntary recall 65S. Copies of certain notices to be given to suppliers or published in certain newspapers 65T. Certain action not to affect insurance contracts
Division 2--Conditions and warranties in consumer transactions
66. Interpretation 66A. Convention on Contracts for the International Sale of Goods 67. Conflict of laws 68. Application of provisions not to be excluded or modified 68A. Limitation of liability for breach of certain conditions or warranties 68B. Limitation of liability in relation to supply of recreational services 69. Implied undertakings as to title, encumbrances and quiet possession 70. Supply by description 71. Implied undertakings as to quality or fitness 72. Supply by sample 73. Liability for loss or damage from breach of certain contracts 73A. Continuing credit contract 73B. Loan contract 74. Warranties in relation to the supply of services
Division 2A--Actions against manufacturers and importers of goods
74A. Interpretation 74B. Actions in respect of unsuitable goods 74C. Actions in respect of false descriptions 74D. Actions in respect of goods of unmerchantable quality 74E. Actions in respect of non-correspondence with samples etc. 74F. Actions in respect of failure to provide facilities for repairs or parts 74G. Actions in respect of non-compliance with express warranty 74H. Right of seller to recover against manufacturer or importer 74J. Time for commencing actions 74K. Application of Division not to be excluded or modified 74L. Limitation in certain circumstances of liability of manufacturer to seller 74M. The effect of Part VIB on this Division
Division 3--Miscellaneous
75. Saving of other laws and remedies 75A. Rescission of contracts
PART VA--LIABILITY OF MANUFACTURERS AND IMPORTERS FOR DEFECTIVE GOODS[edit]
75AA. Interpretation 75AB. Certain interpretation provisions (importers and others taken to be manufacturers etc.) apply to this Part 75AC. Meaning of goods having defect 75AD. Liability for defective goods causing injuries--loss by injured individual 75AE. Liability for defective goods causing injuries--loss by person other than injured individual 75AF. Liability for defective goods--loss relating to other goods 75AG. Liability for defective goods--loss relating to buildings etc. 75AH. Survival of liability actions 75AI. No liability action where workers' compensation or law giving effect to an international agreement applies 75AJ. Unidentified manufacturer 75AK. Defences 75AL. Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard 75AM. Liability joint and several 75AN. Contributory acts or omissions to reduce compensation 75AO. Time for commencing actions 75AP. Application of provisions not to be excluded or modified 75AQ. Representative actions by the Commission 75AR. Saving of other laws and remedies 75AS. Jurisdiction of courts
PART VB--PRICE EXPLOITATION IN RELATION TO A NEW TAX SYSTEM[edit]
75AT. Definitions 75AU. Price exploitation in relation to New Tax System changes 75AV. Price exploitation--guidelines about when prices contravene section 75AU 75AW. Commission may issue notice to corporation it considers has contravened section 75AU 75AX. Commission may issue notice to aid prevention of price exploitation 75AY. Commission may monitor prices 75AYA. Prohibition on misrepresenting the effect of the New Tax System changes 75AZ. Reporting
PART VC--OFFENCES[edit]
Division 1--Application of Part
75AZA. Part does not apply to financial services
Division 2--Offences relating to unfair practices
75AZB. Interpretation 75AZC. False or misleading representations 75AZD. False representations and other misleading or offensive conduct in relation to land 75AZE. Misleading conduct in relation to employment 75AZF. Cash price to be stated in certain circumstances 75AZG. Offering gifts and prizes 75AZH. Misleading conduct to which Industrial Property Convention applies 75AZI. Certain misleading conduct in relation to services 75AZJ. Bait advertising 75AZK. Referral selling 75AZL. Accepting payment without intending or being able to supply as ordered 75AZM. Misleading representations about certain business activities 75AZN. Harassment and coercion 75AZO. Pyramid selling 75AZP. Unsolicited credit and debit cards 75AZQ. Assertion of right to payment for unsolicited goods or services or for making an entry in a directory 75AZR. Application of provisions of Division to prescribed information providers
Division 3--Offences relating to product safety and product information
75AZS. Product safety standards and unsafe goods 75AZT. Product information standards 75AZU. Compliance with product recall notice
PART VI--ENFORCEMENT AND REMEDIES[edit]
75B. Interpretation 76. Pecuniary penalties 76A. Defence to proceedings under section 76 relating to a contravention of section 75AYA or 95AZN 76B. What happens if substantially the same conduct is a contravention of section 75AYA or 95AZN and an offence? 76C. Defence to proceedings relating to exclusionary provisions 76D. Defence to proceedings relating to price fixing provisions 77. Civil action for recovery of pecuniary penalties 77A. Indemnification of officers 77B. Certain indemnities not authorised and certain documents void 77C. Application of section 77A to a person other than a body corporate 78. Criminal proceedings not to be brought for contraventions of Part IV or V or section 75AU or 75AYA 79. Offences against Part VC etc. 79A. Enforcement and recovery of certain fines 79B. Preference must be given to compensation for victims 80. Injunctions 80AB. Stay of injunctions 80AC. Injunctions to prevent mergers if clearance or authorisation granted on the basis of false or misleading information 80B. Section 75AU contraventions--orders limiting prices or requiring refunds of money 81. Divestiture where merger contravenes section 50 or 50A 81A. Divestiture where merger done under clearance or authorisation granted on false etc. information 82. Actions for damages 83. Finding in proceedings to be evidence 84. Conduct by directors, servants or agents 85. Defences 86. Jurisdiction of courts 86AA. Limit on jurisdiction of Federal Magistrates Court 86A. Transfer of matters 86B. Transfer of certain proceedings to Family Court 86C. Non-punitive orders 86D. Punitive orders--adverse publicity 86E. Order disqualifying a person from managing corporations 87. Other orders 87A. Power of Court to prohibit payment or transfer of moneys or other property 87AA. Special provision relating to Court's exercise of powers under this Part in relation to boycott conduct 87AB. Limit on liability for misleading or deceptive conduct 87B. Enforcement of undertakings 87C. Enforcement of undertakings--Secretary to the Department 87CA. Intervention by Commission 87CAA. The effect of Part VIB on this Part
PART VIA--PROPORTIONATE LIABILITY FOR MISLEADING AND DECEPTIVE CONDUCT[edit]
87CB. Application of Part 87CC. Certain concurrent wrongdoers not to have benefit of apportionment 87CD. Proportionate liability for apportionable claims 87CE. Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware 87CF. Contribution not recoverable from defendant 87CG. Subsequent actions 87CH. Joining non-party concurrent wrongdoer in the action 87CI. Application of Part
PART VIB--CLAIMS FOR DAMAGES OR COMPENSATION FOR DEATH OR PERSONAL INJURY[edit]
Division 1--Introduction
87D. Definitions 87E. Proceedings to which this Part applies
Division 2--Limitation periods
87F. Basic rule 87G. Date of discoverability 87H. Long-stop period 87J. The effect of minority or incapacity 87K. The effect of close relationships
Division 3--Limits on personal injury damages for non-economic loss
87L. Limits on damages for non-economic loss 87M. Maximum amount of damages for non-economic loss 87N. Index numbers 87P. Most extreme cases 87Q. Cases of 33% or more (but not 100%) of a most extreme case 87R. Cases of 15% or more (but less than 33%) of a most extreme case 87S. Cases of less than 15% of a most extreme case 87T. Referring to earlier decisions on non-economic loss
Division 4--Limits on personal injury damages for loss of earning capacity
87U. Personal injury damages for loss of earning capacity 87V. Average weekly earnings
Division 5--Limits on personal injury damages for gratuitous attendant care services
87W. Personal injury damages for gratuitous attendant care services for plaintiff 87X. Personal injury damages for loss of plaintiff's capacity to provide gratuitous attendant care services
Division 6--Other limits on personal injury damages
87Y. Damages for future economic loss--discount rate 87Z. Damages for loss of superannuation entitlements 87ZA. Interest on damages 87ZB. Exemplary and aggravated damages
Division 7--Structured settlements
87ZC. Court may make orders under section 87 for structured settlements
PART VII--AUTHORISATIONS, NOTIFICATIONS AND CLEARANCES IN RESPECT OF RESTRICTIVE TRADE PRACTICES[edit]
Division 1--Authorisations
87ZD. Definitions 88. Power of Commission to grant authorisations 89. Procedure for applications and the keeping of a register 90. Determination of applications for authorisations 90A. Commission to afford opportunity for conference before determining application for authorisation 90B. Commission may rely on consultations undertaken by the AEMC 91. Grant and variation of authorisations 91A. Minor variations of authorizations 91B. Revocation of an authorization 91C. Revocation of an authorization and substitution of a replacement
Division 2--Notifications
Subdivision A--Exclusive dealing
93. Notification of exclusive dealing
Subdivision B--Collective bargaining
93AA. Definitions 93AB. Notification of collective bargaining 93AC. Commission's objection notice 93AD. When collective bargaining notice comes into force and ceases to be in force 93AE. Withdrawal of collective bargaining notice 93AF. Only 1 collective bargaining notice may be given
Subdivision C--Conferences
93A. Commission to afford opportunity for conference before giving notice
Subdivision D--Register of notifications
95. Register of notifications
Division 3--Merger clearances and authorisations
Subdivision A--Preliminary
95AA. Simplified outline of this Division 95AB. Definitions
Subdivision B--Merger clearances
95AC. Commission may grant clearance for a merger 95AD. Application for clearance 95AE. Requirements for valid clearance application 95AF. Commission to notify if clearance application is invalid 95AG. Application to be published on the Internet 95AH. Merger clearance register 95AI. Confidentiality claims etc. 95AJ. Commission may seek additional information from applicant 95AK. Commission may seek further information and consult others 95AL. Applicant may withdraw application 95AM. Commission to make determination on application 95AN. When clearance must not be granted 95AO. Time limits for determining application 95AP. Clearance subject to conditions 95AQ. When clearance is in force 95AR. Minor variations of clearances 95AS. Revocation of clearance or revocation of clearance and substitution of a new clearance
Subdivision C--Merger authorisations
95AT. Tribunal may grant authorisation for a merger 95AU. Application for authorisation 95AV. Requirements for valid authorisation application 95AW. Tribunal to notify if authorisation application is invalid 95AX. Tribunal to notify Commission of authorisation application 95AY. Application to be published on the Internet 95AZ. Merger authorisation register 95AZA. Confidentiality claims etc. 95AZC. Tribunal may seek additional information from applicant 95AZD. Tribunal may seek further information and consult others etc. 95AZE. Applicant may withdraw application 95AZEA. Tribunal must require Commission to give report 95AZF. Commission to assist Tribunal 95AZFA. Commission may make enquiries 95AZG. Tribunal to make determination on application 95AZH. When authorisation must not be granted 95AZI. Time limits for determining application 95AZJ. Authorisation subject to conditions 95AZK. When authorisation is in force 95AZL. Minor variations of authorisations 95AZM. Revocation of authorisation or revocation of authorisation and substitution of a new authorisation
Subdivision D--Miscellaneous
95AZN. Providing false or misleading information
PART VIIA--PRICES SURVEILLANCE[edit]
Division 1--Preliminary
95A. Interpretation 95B. Exempt supplies 95C. Application of Part 95D. Crown to be bound 95E. Object of this Part 95F. Simplified overview of this Part
Division 2--Commission's functions under this Part
95G. Commission's functions under this Part
Division 3--Price inquiries
Subdivision A--Holding of inquiries
95H. Price inquiries 95J. Content of inquiry notices 95K. Period for completing inquiry 95L. Notice of holding of inquiry 95M. Notice of extension of period for completing inquiry 95N. Price restrictions
Subdivision B--Reports on inquiries
95P. Copies of report to be made available 95Q. Notification of proposed prices after receipt of report
Subdivision C--Procedure at inquiries
95R. Public inquiries etc. 95S. Taking of evidence on oath or affirmation 95T. Failure of witness to attend 95U. Refusal to be sworn or to answer question 95V. Protection of witnesses 95W. Allowances to witnesses
Division 4--Price notifications
95X. Declarations by Minister or Commission 95Y. Declarations in relation to State or Territory authorities 95Z. Price restrictions 95ZA. Later notices modifying a locality notice 95ZB. Applicable period in relation to a locality notice 95ZC. Register of price notifications 95ZD. Delegation by Commission
Division 5--Price monitoring
95ZE. Directions to monitor prices, costs and profits of an industry 95ZF. Directions to monitor prices, costs and profits of a business 95ZG. Exceptions to price monitoring
Division 6--Other provisions
95ZH. Ministerial directions 95ZI. Inquiries by an unincorporated body or a group of 2 or more individuals 95ZJ. Withdrawal of notices 95ZK. Power to obtain information or documents 95ZL. Inspection of documents etc. 95ZM. Retention of documents 95ZN. Confidential information 95ZO. Immunity 95ZP. Secrecy: members or staff members of the Commission etc. 95ZQ. Secrecy: persons involved in inquiries by bodies other than the Commission
PART VIII--RESALE PRICE MAINTENANCE[edit]
96. Acts constituting engaging in resale price maintenance 96A. Resale price maintenance in relation to services 97. Recommended prices 98. Withholding the supply of goods 99. Statements as to the minimum price of goods 100. Evidentiary provisions
PART IX--REVIEW BY TRIBUNAL OF DETERMINATIONS OF COMMISSION[edit]
Division 1--Applications for review
101. Applications for review 101A. Application for review of notice under subsection 93(3) or (3A) or 93AC(1) or (2) 102. Functions and powers of Tribunal
Division 2--Procedure and Evidence
102A. Definition 103. Procedure generally 104. Regulations as to certain matters 105. Power to take evidence on oath 106. Hearings to be in public except in special circumstances 107. Evidence in form of written statement 108. Taking of evidence by single member 109. Participants in proceedings before Tribunal 110. Representation
Division 3--Review of Commission's determinations on merger clearances
111. Applications for review 112. Tribunal to notify Commission 113. Commission to give material to Tribunal 114. Tribunal may consult etc. to clarify information 115. Commission to assist Tribunal 116. Tribunal only to consider material before the Commission 117. Tribunal to make decision on review 118. Time limits for making review decision 119. Tribunal's decision taken to be Commission's
PART X--INTERNATIONAL LINER CARGO SHIPPING[edit]
Division 1--Preliminary
10.01 Objects of Part
10.01A Simplified outline
10.02 Interpretation
10.02A Inland terminals
10.03 Designated shipper bodies
Division 2--Additional restrictive trade practice provisions applying to ocean carriers
10.04 Application of section 46 in relation to conference agreements
Division 3--Minimum standards for conference agreements
10.06 Application of Australian law to outwards conference agreements and withdrawal from agreements
10.07 Minimum levels of shipping services to be specified in conference agreements
10.08 Conference agreements may include only certain restrictive trade practice provisions
10.09 Where may consequences of conference agreements not complying with minimum standards be found?
Division 4--Registers and files and public inspection of them
10.10 Registers and conference agreement files open to public inspection
10.11 What registers are to be kept by the Registrar?
10.12 What conference agreement files are to be kept by the Registrar?
10.13 What register is to be kept by the Commission?
Division 5--Exemptions from certain restrictive trade practice prohibitions
Subdivision A--Exemptions relating to conference agreements
10.14 Exemptions apply only to certain activities
10.15 When do exemptions commence to apply in relation to registered conference agreements?
10.16 Exemptions do not apply to variations of conference agreement unless varying agreement registered
10.17 Exemptions from section 45
10.17a">10.17A Exemptions from section 45 for freight rate agreements
10.18 Exemption from section 47
10.18a">10.18A Exemptions from section 47 for freight rate agreements
Subdivision B--Exemptions relating to loyalty agreements
10.19 Exemptions from section 45
10.20">10.20 Exemption from section 47
10.21">10.21 Exemptions cease to apply in relation to a shipper at the shipper's option
Subdivision D--Other exemptions
10.24 Exemptions from sections 45 and 47 in relation to certain negotiations
10.24A Exemptions from sections 45 and 47 in relation to stevedoring contracts
Division 6--Registration of conference agreements
Subdivision A--Provisional registration
10.25 Application for provisional registration of conference agreement
10.26 How application is to be made and verified
10.27 Copy of agreement to be filed with application etc.
10.27A Copy of conference agreement to be given to designated peak shipper body
10.28 Decision on application for provisional registration
10.29 Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement
Subdivision B--Final registration
10.30 Application for final registration of conference agreement
10.31 How application is to be made and verified
10.32 Copy of agreement to be filed with application etc.
10.33 Decision on application for final registration
Subdivision C--Confidentiality requests
10.34 Request for confidentiality
10.35 Abstract to accompany request for confidentiality
10.36 Examination of abstract
10.37 Decision on request for confidentiality
10.38 Application for registration to be returned where request for confidentiality refused etc.
Subdivision D--Miscellaneous
10.39 Application also to be made for registration of varying conference agreements
10.40 Notification of happening of affecting events prior to final registration etc.
Division 7--Obligations of ocean carriers in relation to registered conference agreements
10.41 Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.
10.42 Application to be made for registration of varying conference agreements
10.43 Parties to registered conference agreement to notify happening of affecting events etc.
Division 8--Powers of Minister in relation to registered conference agreements
10.44 Powers exercisable by Minister in relation to registered conference agreements etc.
10.45 Circumstances in which Minister may exercise powers in relation to registered conference agreements
10.46 Action to be taken where powers exercised by Minister without first obtaining Commission report
10.47 Investigation and report by Commission on reference by Minister
10.48 Investigation and report by Commission on own initiative or on application by affected person
10.49 Undertakings by parties to registered conference agreement
10.49A Enforcement of undertakings
Division 9--Obligations of non-conference ocean carriers with substantial market power
10.50 Investigations by Commission into market power of ocean carriers
10.51 Determination by Minister of market power of ocean carriers
10.52 Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.
10.53 Non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.
Division 10--Powers of Minister in relation to non-conference ocean carriers with substantial market power
10.54 Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with substantial market power
10.55 Circumstances in which Minister may exercise powers
10.56 Action to be taken where powers exercised by Minister without first obtaining Commission report
10.57 Investigation and report by Commission on reference by Minister
10.58 Investigation and report by Commission on application by affected person
10.59 Undertakings by ocean carrier
10.60 Enforcement of orders and undertakings
Division 11--Unfair pricing practices
10.61 Powers exercisable by Minister in relation to pricing practices etc.
10.62 Circumstances in which Minister may exercise powers
10.63 Investigation and report by Commission
10.64 Undertakings not to engage in pricing practices
10.65 Enforcement of orders and undertakings
10.66 Determination of normal freight rates for shipping services
10.67 Determination of whether practice contrary to national interest
Division 12--Registration of ocean carrier agents
10.68 Ocean carrier who provides international liner cargo shipping services to have registered agent
10.69 Representation of ocean carrier by registered agent
10.70 Application by ocean carrier for registration of agent
10.71 Registration of agent
10.72 Change of agent etc.
Division 12A--Exemption orders for inwards conference agreements etc
10.72A Exemption orders for inwards conference agreements etc.
10.72B Criteria for making exemption order
10.72C Duration of exemption order may be limited
10.72D Conditions of exemption order
Division 13--General provisions relating to registers and conference agreement files
10.73 Form of registers and conference agreement files
10.74 Deletion of entries wrongly existing in certain registers
10.75 Deletion of obsolete entries in certain registers
10.76 Correction of clerical errors and other mistakes in certain registers etc.
Division 14--Administration
10.77 Registrar of Liner Shipping
10.78 Appointment of Registrar etc.
10.79 Acting Registrar
10.80 Registrar and staff to be public servants
10.81 Delegation by Minister
10.82 Delegation by Registrar
Division 14A--Review of decisions of Commission
10.82A Review by Tribunal
10.82B Functions and powers of Tribunal
10.82C Provisions that do not apply in relation to a Tribunal review
Division 14B--Review of decisions of Minister
10.82D Review by Tribunal
10.82E Functions and powers of Tribunal
10.82F Modifying register after Tribunal review
Subdivision A--of Division 5 applies in relation to the conference agreement concerned to the extent to which that Subdivision would have applied but for the entry of the particulars of the direction.
10.82G Provisions that do not apply in relation to a Tribunal review
Division 15--Miscellaneous
10.83 Act not to affect rights under Freedom of Information Act
10.84 Review of decisions of Registrar
10.85 Statement to accompany notices of Registrar
10.86 Evidence
10.87 Notification by Commission of references etc.
10.88 Exclusion of documents etc. from register of Commission investigations
10.89 Disclosure of confidential information
10.90 Fees
10.91 Application of Part XID and section 155 to investigations under Part
PART XIA--THE COMPETITION CODE[edit]
150A. Definitions 150B. Objects of this Part 150C. The Competition Code 150D. Federal Court may exercise jurisdiction under application laws of Territories 150E. Exercise of jurisdiction under cross-vesting provisions 150F. Commonwealth consent to conferral of functions etc. on Commonwealth entities 150FA. How duty is imposed 150FB. When an application law imposes a duty 150G. Application laws may operate concurrently with this Act 150H. No doubling-up of liabilities 150I. References in instruments to the Competition Code 150J. Authorisations etc. under this Act may relate also to Competition Code 150K. Gazettal of jurisdictions that excessively modify the Code
PART XIAA--THE NEW TAX SYSTEM PRICE EXPLOITATION CODE[edit]
150L. Definitions 150M. Object of this Part 150N. The New Tax System Price Exploitation Code 150O. Federal Court may exercise jurisdiction under application laws of Territories 150P. Exercise of jurisdiction under cross-vesting provisions 150Q. Application laws may confer functions on Commonwealth authorities and officers 150R. Application laws may operate concurrently with this Act 150S. No doubling-up of liabilities 150T. References in instruments to the New Tax System Price Exploitation Code
PART XIB--THE TELECOMMUNICATIONS INDUSTRY[edit]
Division 1--Introduction
151AA. Simplified outline 151AB. Definitions 151AC. Extension to external Territories 151AD. Continuity of partnerships 151AE. Additional operation of Part 151AF. Telecommunications market 151AG. When a body corporate is related to a partnership 151AH. Degree of power in a telecommunications market 151AI. Interpretation of Part IV or VII not affected by this Part
Division 2--Anti-competitive conduct
151AJ. Anti-competitive conduct 151AK. The competition rule
Division 3--Competition notices and exemption orders
Subdivision A--Competition notices
151AKA. Part A competition notices 151AL. Part B competition notices 151AM. Competition notice to be given to carrier or carriage service provider 151AN. Evidentiary effect of competition notice 151AO. Duration of Part A competition notice 151AOA. Variation of competition notice 151AOB. Revocation of competition notice 151AP. Guidelines 151AQ. Commission to act expeditiously 151AQA. Stay of proceedings relating to competition notices 151AQB. Advisory notices 151AR. Register of competition notices
Subdivision B--Exemption orders
151AS. Exemption orders 151AT. Form of application 151AU. Further information 151AV. Withdrawal of application 151AW. Commission must publicise receipt of applications 151AX. Commission may refuse to consider application if it relates to the same conduct as an authorisation application 151AY. Commission may refuse to consider application if it relates to the same conduct as a Part VII notification 151AZ. Commission may convene conference to discuss application 151BA. Commission must grant or reject application 151BB. Commission to give opportunity for submissions 151BC. Criteria for making exemption order 151BD. Notification of decision 151BE. Duration of exemption order may be limited 151BF. Conditions of exemption order 151BG. Revocation of exemption order 151BH. Register of exemption orders
Subdivision C--Miscellaneous
151BJ. Conduct includes proposed conduct
Division 4--Tariff filing
151BK. Tariff filing directions 151BL. Specification of goods and services 151BM. Notification of reasons 151BN. Duration of direction may be limited 151BO. Revocation of direction 151BP. Variation of direction 151BQ. Public access to tariff information 151BR. Register of tariff filing directions 151BT. Meaning of terms and conditions
Division 5--Tariff filing by Telstra
151BTA. Tariff filing by Telstra
Division 6--Record-keeping rules and disclosure directions
151BU. Commission may make record-keeping rules 151BUAA.Minister may give directions to Commission 151BUAAA.Minister to give direction to Commission about Telstra's wholesale operations and retail operations 151BUAB.Request for disclosure 151BUA. Commission gives access to reports 151BUB. Carrier or carriage service provider gives access to reports 151BUC. Carrier or carriage service provider gives access to periodic reports 151BUD. Exemption of reports from access requirements 151BUDA.Commission gives access to Ministerially-directed reports 151BUDB.Carrier or carriage service provider gives access to Ministerially-directed reports 151BUDC.Carrier or carriage service provider gives access to Ministerially-directed periodic reports 151BUE. Access via the Internet 151BUF. Self-incrimination 151BV. Incorrect records
Division 7--Enforcement of the competition rule, tariff filing directions, record-keeping rules and disclosure directions
151BW. Person involved in a contravention of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction 151BX. Pecuniary penalties for breach of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction 151BY. Civil action for recovery of pecuniary penalties 151BZ. Criminal proceedings not to be brought for contraventions of the competition rule, tariff filing directions , record-keeping rules or disclosure directions 151CA. Injunctions 151CB. Orders to disclose information or publish an advertisement--breach of the competition rule 151CC. Actions for damages--breach of the competition rule 151CD. Finding of fact in proceedings to be evidence 151CE. Other orders--compensation for breach of the competition rule 151CF. Conduct by directors, employees or agents
Division 8--Disclosure of documents by Commission
151CG. Disclosure of documents by Commission
Division 9--Treatment of partnerships
151CH. Treatment of partnerships
Division 10--Review of decisions
151CI. Review by Tribunal 151CJ. Functions and powers of Tribunal 151CK. Provisions that do not apply in relation to a Tribunal review
Division 11--Reviews of competitive safeguards within the telecommunications industry
151CL. Reviews of competitive safeguards within the telecommunications industry
Division 12--Monitoring of telecommunications charges paid by consumers
151CM. Monitoring of telecommunications charges paid by consumers
Division 12A--Reports about competition in the telecommunications industry
151CMA. Public reports about competition in the telecommunications industry 151CMB. Confidential reports about competition in the telecommunications industry 151CMC. Examples of matters that may be specified in a determination under section 151CMA or 151CMB
Division 13--Review of operation of this Part
151CN. Review of operation of this Part
Division 14--Operational separation for Telstra
151CP. Operational separation for Telstra
PART XIC--TELECOMMUNICATIONS ACCESS REGIME[edit]
Division 1--Introduction
152AA. Simplified outline 152AB. Object of this Part 152AC. Definitions 152AD. This Part binds the Crown 152AE. Extension to external Territories 152AF. Access 152AG. Access seeker 152AH. Reasonableness--terms and conditions 152AJ. Interpretation of Part IIIA not affected by this Part 152AK. Operation of Parts IV and VII not affected by this Part
Division 2--Declared services
152AL. Declared services 152ALA. Duration of declaration 152AM. Inquiries about proposals to declare services 152AN. Combined inquiries about proposals to declare services 152AO. Variation or revocation of declaration 152AQ. Register of declared services 152AQA. Pricing principles 152AQB. Model terms and conditions relating to access to core services 152AQC. Compensation for acquisition of property
Division 3--Standard access obligations
152AR. Standard access obligations 152AS. Ordinary class exemptions from standard access obligations 152ASA. Anticipatory class exemptions from standard access obligations 152AT. Ordinary individual exemptions from standard access obligations 152ATA. Anticipatory individual exemptions from standard access obligations 152AU. Individual exemptions--request for further information 152AV. Review by Tribunal of exemption order decision 152AW. Functions and powers of Tribunal 152AX. Provisions that do not apply in relation to a Tribunal review 152AXA. Statement of reasons for reviewable decision--specification of documents 152AY. Compliance with standard access obligations 152AYA. Ancillary obligations--confidential information 152AZ. Carrier licence condition 152BA. Service provider rule 152BB. Judicial enforcement of standard access obligations 152BBAA.Judicial enforcement of conditions and limitations of exemption determinations and orders 152BBA. Commission may give directions in relation to negotiations 152BBB. Enforcement of directions 152BBC. Commission's role in negotiations 152BBD. Reaching agreement on terms and conditions of access
Division 4--Telecommunications access code
152BJ. Telecommunications access code 152BK. Content of telecommunications access code 152BL. Commission must invite public submissions on telecommunications access code 152BM. Commission must consult the ACMA about code 152BN. Copy of code to be given to the ACMA 152BR. Register of telecommunications access codes
Division 5--Access undertakings
Subdivision A--Ordinary access undertakings
152BS. What is an ordinary access undertaking? 152BT. Further information about undertaking 152BU. Commission to accept or reject access undertaking 152BV. Acceptance of access undertaking--model terms and conditions in access code not adopted 152BW. Acceptance of access undertaking--model terms and conditions in access code adopted 152BX. Duration of access undertaking 152BY. Variation of access undertakings 152BZ. Further information about variation of access undertaking 152CA. Voluntary withdrawal of undertaking 152CB. Replacement of access undertaking
Subdivision B--Special access undertakings
152CBA. What is a special access undertaking? 152CBB. Further information about undertaking 152CBC. Commission to accept or reject access undertaking 152CBD. Criteria for accepting access undertaking 152CBE. Extension of access undertaking 152CBF. Duration of access undertaking 152CBG. Variation of access undertakings 152CBH. Further information about variation of access undertaking 152CBI. Voluntary withdrawal of undertaking 152CBJ. Proposed service
Subdivision C--General provisions
152CC. Register of access undertakings 152CD. Enforcement of access undertakings 152CDA. Deferral of consideration of an access undertaking etc. 152CE. Review by Tribunal 152CF. Functions and powers of Tribunal 152CG. Provisions that do not apply in relation to a Tribunal review 152CGA. Statement of reasons for reviewable decision--specification of documents 152CGB. Access undertakings prevail over inconsistent arbitral determinations
Division 6--Ministerial pricing determinations
152CH. Ministerial pricing determinations 152CI. Undertakings and codes that are inconsistent with Ministerial pricing determinations 152CJ. Register of Ministerial pricing determinations
Division 7--Relationship between this Part and Part IIIA
152CK. Relationship between this Part and Part IIIA
Division 8--Resolution of disputes about access
Subdivision A--Introduction
152CL. Definitions 152CLA. Resolution of access disputes
Subdivision B--Notification of access disputes
152CM. Notification of access disputes 152CN. Withdrawal of notifications
Subdivision C--Arbitration of access disputes
152CO. Parties to the arbitration 152CP. Determination by Commission 152CPA. Interim determination by Commission 152CQ. Restrictions on access determinations 152CR. Matters that the Commission must take into account 152CRA. Publication of determinations 152CS. Commission may terminate arbitration in certain cases 152CT. Commission may give directions in relation to negotiations 152CU. Enforcement of directions
Subdivision D--Procedure in arbitrations
152CV. Constitution of Commission for conduct of arbitration 152CW. Member of the Commission presiding at an arbitration 152CWA. Exercise of procedural powers by Commission members 152CX. Reconstitution of Commission 152CY. Determination of questions 152CZ. Hearing to be in private 152DA. Right to representation 152DB. Procedure of Commission 152DBA. Using information from one arbitration in another arbitration 152DC. Particular powers of Commission 152DD. Power to take evidence on oath or affirmation 152DE. Failing to attend as a witness 152DF. Failing to answer questions etc. 152DG. Giving false or misleading evidence 152DH. Provision of false or misleading document 152DI. Intimidation etc. 152DJ. Disturbing an arbitration hearing etc. 152DK. Party may request Commission to treat material as confidential 152DL. Sections 18 and 19 do not apply to the Commission in an arbitration 152DM. Parties to pay costs of an arbitration 152DMA. Joint arbitration hearings
Subdivision E--Effect of determinations
152DN. Operation of determinations 152DNA. Backdating of final determinations 152DNB. Stay of determinations 152DNC. Continuity of final determination not affected by expiry of declaration relating to declared service
Subdivision G--Variation of determinations
152DT. Variation of determinations
Subdivision H--Enforcement of determinations
152DU. Enforcement of determinations 152DV. Consent injunctions 152DW. Interim injunctions 152DX. Factors relevant to granting a restraining injunction 152DY. Factors relevant to granting a mandatory injunction 152DZ. Discharge or variation of injunction or other order
Subdivision I--Miscellaneous
152EA. Register of determinations 152EAA. Commission's powers under Division 6 of Part XIB not limited 152EB. Compensation for acquisition of property
Division 9--Registered agreements for access to declared services
152EC. Agreements to which this Division applies 152ED. Registration of agreement 152EE. Effect of registration of agreement
Division 10--Hindering the fulfilment of a standard access obligation etc
152EF. Prohibition on hindering the fulfilment of a standard access obligation etc. 152EG. Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc. 152EH. Consent injunctions 152EI. Interim injunctions 152EJ. Factors relevant to granting a restraining injunction 152EK. Factors relevant to granting a mandatory injunction 152EL. Discharge or variation of injunction or other order
Division 10A--Procedural Rules
152ELA. Procedural Rules 152ELB. Public consultation 152ELC. Plan for the development of Procedural Rules
Division 11--Miscellaneous
152EM. Continuity of partnerships 152EN. Treatment of partnerships 152EO. Conduct by directors, servants or agents 152EP. Regulations about fees for inspection etc. of registers 152EQ. Operational separation for Telstra
PART XID--SEARCH AND SEIZURE[edit]
Division 1--Preliminary
154. Simplified outline 154A. Definitions
Division 2--Appointment of inspectors and identity cards
154B. Appointment of inspectors 154C. Identity cards
Division 3--Entry to premises with consent
154D. Entry with consent 154E. Powers in relation to premises 154F. Operation of electronic equipment at premises
Division 4--Entry to premises under a search warrant
Subdivision A--Powers available under a search warrant
154G. The things that are authorised by a search warrant 154H. Operation of electronic equipment at premises 154J. Securing electronic equipment for use by experts
Subdivision B--Availability of assistance and use of force in executing a search warrant
154K. Authorisation of officers assisting 154L. Availability of assistance and use of force in executing a search warrant
Subdivision C--Obligations of executing officer and officers assisting
154M. Announcement before entry 154N. Details of warrant to be given to occupier
Subdivision D--Occupier's rights and responsibilities
154P. Occupier entitled to observe search being conducted 154Q. Occupier to provide reasonable facilities and assistance 154R. Answering of questions or producing evidential material
Subdivision E--General provisions relating to seizure
154S. Copies of seized things to be provided 154T. Receipts for things seized under warrant 154U. Return of seized things 154V. Magistrate may permit a thing to be retained 154W. Disposal of things if there is no owner or owner cannot be located
Subdivision F--Search warrants
154X. Issue of search warrants 154Y. Search warrants by telephone, fax etc. 154Z. Offences relating to warrants
Subdivision G--Powers of magistrates
154ZA. Powers conferred on magistrates
Division 5--General provisions relating to electronic equipment
154ZB. Operation of electronic equipment at premises
154ZC. Compensation for damage to electronic equipment
155. Power to obtain information, documents and evidence
155AAA. Protection of certain information
155AA. Protection of Part VB information
155A. Power to obtain information and documents in New Zealand relating to trans-Tasman markets
155B. Australian Competition and Consumer Commission may receive information and documents on behalf of New Zealand Commerce Commission
156. Inspection of documents by Commission
157. Disclosure of documents by Commission
157AA. Disclosure of documents by Tribunal in relation to merger authorisations
157A. Disclosure of information by Commission
158. Protection of members of Tribunal, counsel and witnesses
159. Incriminating answers
160. Failure of witness to attend
161. Refusal to be sworn or to answer questions
162. Contempt
162A. Intimidation etc.
163. Prosecutions
163A. Declarations and orders
165. Inspection of, furnishing of copies of, and evidence of, documents
166. Certificates as to furnishing of particulars to Commission
167. Judicial notice
170. Legal and financial assistance
171. Annual report by Commission
171A. Charges by the Commission
171B. Division 3 of Part IIIA and Division 8 of Part XIC do not confer judicial power on the Commission
172. Regulations
173. Authorisation for the purposes of subsection 51(1)
SCHEDULE The Schedule versions of Parts IV and VB
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