COMPETITION POLICY REFORM ACT 1996 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 2A. Notes 3. Terms defined in Competition and Consumer Act PART 2--COMPETITION CODE 4. Competition Code text 5. Application of Competition Code 6. Future modifications of Competition Code text 7. Interpretation of Competition Code 8. Application of Competition Code 9. Special provisions PART 3--CITING THE COMPETITION CODE 10. Citation of Competition Code of this jurisdiction 11. References to Competition Code 12. References to Competition Codes of other jurisdictions PART 4--APPLICATION OF COMPETITION CODES TO CROWN 13. Application law of this jurisdiction 14. Application law of other jurisdictions 15. Activities that are not business 16. Crown not liable to pecuniary penalty or prosecution 17. Pt 4 overrides the prerogative PART 5--NATIONAL ADMINISTRATION AND ENFORCEMENT OF COMPETITION CODES Division 5.1--Preliminary 18. Object of pt 5 Division 5.2--Conferral of functions 19. Conferral of functions and powers on certain bodies 20. Conferral of other functions and powers for law in this jurisdiction Division 5.3--Jurisdiction of courts 21. Jurisdiction of Federal Court 22. Jurisdiction of courts of this jurisdiction 23. Exercise of jurisdiction under cross-vesting provisions Division 5.4--Offences 24. Object 25. Application of Commonwealth laws to offences against Competition Code of this 26. Application of Commonwealth laws to offences against Competition Codes of other 27. Functions given to Commonwealth officers and authorities 28. Restriction of functions of officers and authorities of this Division 5.5--Administrative law 29. Meaning of Commonwealth administrative 30. Application of Commonwealth administrative laws to Competition Code of this 31. Application of Commonwealth administrative laws to Competition Codes of other 32. Functions given to Commonwealth officers and authorities--administrative 33. Restriction of functions of officers and authorities of this 33A. Construction of references to Administrative Appeals Tribunal Act (Cwlth), pt PART 6--MISCELLANEOUS 34. No doubling-up of liabilities 35. Things done for multiple purposes 36. Reference in Commonwealth law to a provision of another law 37. Fees and other money 38. Regulation-making power 39. Regulations for exceptions under Competition and Consumer Act, s 51 or DICTIONARY ENDNOTES COMPETITION POLICY REFORM ACT 1996 - LONG TITLE An Act to apply certain laws of the Commonwealth relating to competition policy as laws of the Australian Capital Territory, and for other purposes COMPETITION POLICY REFORM ACT 1996 - SECT 1 Name of Act This Act is the Competition Policy Reform Act 1996. COMPETITION POLICY REFORM ACT 1996 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act and includes references ("signpost definitions") to other terms defined elsewhere in this Act or in other legislation. For example, the signpost definition '"officer", of the Commonwealth--see the Competition and Consumer Act, section 150A.' means that the term 'officer' is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). COMPETITION POLICY REFORM ACT 1996 - SECT 2A Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. COMPETITION POLICY REFORM ACT 1996 - SECT 3 Terms defined in Competition and Consumer Act Terms defined in the Competition and Consumer Act have the same meanings in this Act. COMPETITION POLICY REFORM ACT 1996 - SECT 4 Competition Code text (1) The Competition Code text consists of-- (a) the schedule version of part 4; 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 that Act, part 4. Note A reference to a provision of an Act includes a reference to the statutory instruments made or in force under the provision, including regulations (see Legislation Act, s 104). (2) For the purpose of forming part of the Competition Code text-- (a) the provisions referred to in subsection (1) (b) are to be modified as necessary to fit in with the schedule version of part 4; and (b) in particular, references to corporations are to include references to persons who are not corporations. COMPETITION POLICY REFORM ACT 1996 - SECT 5 Application of Competition Code (1) The Competition Code text, as in force for the time being, applies as a law of the Australian Capital Territory. (2) This section has effect subject to section 6. COMPETITION POLICY REFORM ACT 1996 - SECT 6 Future modifications of Competition Code text (1) A modification made by a Commonwealth law to the Competition Code text-- (a) does not apply under section 5 before the end of 2 months after the day of the making of the modification unless the Minister, by writing, declares that it applies from an earlier day; and (b) does not apply under that section at all if the Minister, by writing, declares that it is to be excluded from the operation of the section. Note Power given under an Act to make a statutory instrument (including a declaration) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)). (2) A declaration under subsection (1) is a notifiable instrument. Note 1 A notifiable instrument must be notified under the Legislation Act. Note 2 An amendment or repeal of a declaration is also a notifiable instrument (see Legislation Act, s 46 (2)). (3) A declaration under subsection (1) (a)-- (a) cannot declare a day that is earlier than-- (i) the day of notification of the declaration under the Legislation Act; or (ii) the day the modification of the text commences; and (b) if it does appoint a day not allowed under paragraph (b)--is taken to declare the day of notification of the declaration or the day the modification of the text commences, whichever is the later. (4) For this section, the day a modification to the Competition Code text commences is the day the Commonwealth Act making the modification receives the royal assent or the regulation making the modification is notified in the Commonwealth of Australia Gazette. COMPETITION POLICY REFORM ACT 1996 - SECT 7 Interpretation of Competition Code (1) The Acts Interpretation Act 1901 (Cwlth) applies as a law of this jurisdiction to-- (a) the Competition Code of this jurisdiction; and (b) any instrument under that code. (2) For 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. (3) The Legislation Act does not apply to-- (a) the Competition Code of the Territory; or (b) any instrument under that code. COMPETITION POLICY REFORM ACT 1996 - SECT 8 Application of Competition Code (1) The Competition Code of this jurisdiction applies to and in relation to-- (a) persons carrying on business within this jurisdiction; or (b) bodies corporate incorporated or registered under the law of this jurisdiction; or (c) persons ordinarily resident in this jurisdiction; or (d) persons otherwise connected with this jurisdiction. (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 the Competition Code of this jurisdiction, section 87 (1) or (1A) 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 (b) it is not in the national interest that the consent be given. (6) In this section: "Commonwealth Minister" means a Minister of State for the Commonwealth administering the Competition and Consumer Act, part 4. COMPETITION POLICY REFORM ACT 1996 - SECT 9 Special provisions The references in the Competition Code of this or another participating jurisdiction, sections 45 and 45B 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. COMPETITION POLICY REFORM ACT 1996 - SECT 10 Citation of Competition Code of this jurisdiction The Competition Code text applying as a law of this jurisdiction may be cited as the Competition Code of the Australian Capital Territory. COMPETITION POLICY REFORM ACT 1996 - SECT 11 References to Competition Code (1) 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. (2) A reference in any instrument to the Competition Code is a reference to the Competition Codes of any or all of the participating jurisdictions. (3) Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires. COMPETITION POLICY REFORM ACT 1996 - SECT 12 References to Competition Codes of other jurisdictions (1) This section has effect for an Act, a law of this jurisdiction or an instrument under an Act or such a law. (2) 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. COMPETITION POLICY REFORM ACT 1996 - SECT 13 Application law of this jurisdiction The application law of this jurisdiction binds (so far as the legislative power of Parliament permits) the Crown in right of this jurisdiction and of each other jurisdiction, so far as the Crown carries on a business, either directly or by an authority of the jurisdiction concerned. COMPETITION POLICY REFORM ACT 1996 - SECT 14 Application law of other jurisdictions The application law of each participating jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction, so far as the Crown carries on a business, either directly or by an authority of this jurisdiction. COMPETITION POLICY REFORM ACT 1996 - SECT 15 Activities that are not business (1) For sections 13 and 14, the following do not amount to carrying on a business: (a) imposing or collecting-- (i) taxes; or (ii) levies; or (iii) fees for licences; (b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions); (c) a transaction involving-- (i) only persons who are all acting for the Crown in the same right (and none of whom is an authority of a State); or (ii) only persons who are all acting for the same authority of a State; or (iii) only the Crown in right of a State and 1 or more non-commercial authorities of that State; or (iv) only non-commercial authorities of the same State; (d) the acquisition of primary products by a government body under legislation, unless the acquisition occurs because-- (i) the body chooses to acquire the products; or (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products. (2) Subsection (1) does not limit the things that do not amount to carrying on a business for sections 13 and 14. (3) In this section: acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation. "government body" means a State or an authority of a State. "licence" means a licence that allows the licensee to supply goods or services. "primary products" means-- (a) agricultural or horticultural produce; or (b) crops, whether on or attached to the land or not; or (c) animals (whether dead or alive); or (d) the bodily produce (including natural increase) of animals. (4) For this section, an authority of a State is "non-commercial" if-- (a) it is constituted by only 1 person; and (b) it is neither a trading corporation nor a financial corporation. COMPETITION POLICY REFORM ACT 1996 - SECT 16 Crown not liable to pecuniary penalty or prosecution (1) Nothing in the application law of this jurisdiction makes the Crown in any capacity liable to a pecuniary penalty or to be prosecuted for an offence. (2) Without limiting subsection (1), nothing in the application law of a participating jurisdiction makes the Crown in right of this jurisdiction liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (1) or (2) does not apply to an authority of any jurisdiction. COMPETITION POLICY REFORM ACT 1996 - SECT 17 Pt 4 overrides the prerogative If, because of this part, a provision of the law of another participating jurisdiction binds the Crown in right of this jurisdiction, the Crown in that right is subject to that provision despite any prerogative right or privilege. COMPETITION POLICY REFORM ACT 1996 - SECT 18 Object of pt 5 The object of this part is to help ensure that the Competition Codes of the participating jurisdictions are administered on a uniform basis, in the same way as if those Codes constituted a single law of the Commonwealth. COMPETITION POLICY REFORM ACT 1996 - SECT 19 Conferral of functions and powers on certain bodies The authorities and officers of the Commonwealth referred to in the Competition Code of this jurisdiction, including (but not limited to) the commission, the tribunal and the council, have the functions given to them under the Competition Code of this jurisdiction. Note 1 Function includes authority, duty and power (see Legislation Act, dictionary, pt 1). Note 2 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). COMPETITION POLICY REFORM ACT 1996 - SECT 20 Conferral of other functions and powers for law in this jurisdiction The commission and the tribunal have power to do acts in this jurisdiction in the exercise of any function expressed to be conferred on them by the Competition Code of another participating jurisdiction. COMPETITION POLICY REFORM ACT 1996 - SECT 21 Jurisdiction of Federal Court Jurisdiction is conferred on the Federal Court with respect to all civil and criminal matters arising under the Competition Code of this jurisdiction. COMPETITION POLICY REFORM ACT 1996 - SECT 22 Jurisdiction of courts of this jurisdiction Subject to section 23, the courts of this jurisdiction do not have jurisdiction with respect to the matters referred to in section 21. COMPETITION POLICY REFORM ACT 1996 - SECT 23 Exercise of jurisdiction under cross-vesting provisions This part does not affect the operation of any law of this jurisdiction relating to cross-vesting of jurisdiction. COMPETITION POLICY REFORM ACT 1996 - SECT 24 Object (1) The object of this division is to further the object of this part by providing-- (a) for an offence against the Competition Code of this jurisdiction to be treated as if it were an offence against a law of the Commonwealth; and (b) for an offence against the Competition Code of another participating jurisdiction to be treated in this jurisdiction as if it were an offence against a law of the Commonwealth. (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation)-- (a) the investigation and prosecution of offences; and (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and (c) proceedings relating to a matter referred to in paragraph (a) or (b); and (d) appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and (e) the sentencing, punishment and release of persons convicted of offences; and (f) fines, penalties and forfeitures; and (g) liability to make reparation in connection with offences; and (h) proceeds of crime; and (i) spent convictions. COMPETITION POLICY REFORM ACT 1996 - SECT 25 Application of Commonwealth laws to offences against Competition Code of this jurisdiction (1) The Commonwealth laws apply as laws of this jurisdiction in relation to an offence against the Competition Code of this jurisdiction as if that code were a law of the Commonwealth and not a law of this jurisdiction. (2) For a law of this jurisdiction, an offence against the Competition Code of this jurisdiction-- (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if that code were a law of the Commonwealth; and (b) is taken not to be an offence against the laws of this jurisdiction. (3) Subsection (2) has effect for a law of this jurisdiction except as prescribed by regulation under this Act. COMPETITION POLICY REFORM ACT 1996 - SECT 26 Application of Commonwealth laws to offences against Competition Codes of other jurisdictions (1) The Commonwealth laws apply as laws of this jurisdiction in relation to an offence against the Competition Code of another participating jurisdiction as if that code were a law of the Commonwealth and not a law of that other jurisdiction. (2) For a law of this jurisdiction, an offence against the Competition Code of another participating jurisdiction-- (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if that code were a law of the Commonwealth; and (b) is taken not to be an offence against the laws of that jurisdiction. (3) Subsection (2) has effect for a law of this jurisdiction except as prescribed by regulation under this Act. (4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction. COMPETITION POLICY REFORM ACT 1996 - SECT 27 Functions given to Commonwealth officers and authorities (1) A Commonwealth law applying because of section 25 that gives a Commonwealth officer or authority a function in relation to an offence against the Competition and Consumer Act also gives the officer or authority the same function in relation to an offence against the corresponding provision of the Competition Code of this jurisdiction. Note Function includes authority, duty and power (see Legislation Act, dictionary, pt 1). (2) A Commonwealth law applying because of section 26 that gives a Commonwealth officer or authority a function in relation to an offence against the Competition and Consumer Act also gives the officer or authority the same function in relation to an offence against the corresponding provision of the Competition Code of another participating jurisdiction. (3) The function referred to in subsection (2) may only be exercised in this jurisdiction. (4) In exercising a function given by subsection (1) or (2), the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in exercising the same function in relation to an offence against the corresponding provision of the Competition and Consumer Act. COMPETITION POLICY REFORM ACT 1996 - SECT 28 Restriction of functions of officers and authorities of this jurisdiction Where, under this division, a function is given to a Commonwealth officer or authority, that function may not be exercised by an officer or authority of this jurisdiction. Note Function includes authority, duty and power (see Legislation Act, dictionary, pt 1). COMPETITION POLICY REFORM ACT 1996 - SECT 29 Meaning of Commonwealth administrative laws--div 5.5 In this division: "Commonwealth administrative laws" means the following: (a) the Administrative Appeals Tribunal Act 1975 (Cwlth), other than part 4A (Appeals and references of questions of law to the Federal Court of Australia); (b) the Freedom of Information Act 1982 (Cwlth); (c) the Ombudsman Act 1976 (Cwlth); (d) the Privacy Act 1988 (Cwlth). Note A reference to a Cwlth Act includes a reference to the statutory instruments made or in force under that Act, including regulations (see Legislation Act, s 104). COMPETITION POLICY REFORM ACT 1996 - SECT 30 Application of Commonwealth administrative laws to Competition Code of this jurisdiction (1) The Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the Competition Code of this jurisdiction as if that code were a law of the Commonwealth and not a law of this jurisdiction. (2) For a law of this jurisdiction, a matter arising in relation to the Competition Code of this jurisdiction-- (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that code were a law of the Commonwealth; and (b) is taken not to be a matter arising in relation to laws of this jurisdiction. (3) Subsection (2) has effect for a law of this jurisdiction except as prescribed by regulation under this Act. COMPETITION POLICY REFORM ACT 1996 - SECT 31 Application of Commonwealth administrative laws to Competition Codes of other jurisdictions (1) The Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the Competition Code of another participating jurisdiction as if that code were a law of the Commonwealth and not a law of that jurisdiction. (2) For a law of this jurisdiction, a matter arising in relation to the Competition Code of another participating jurisdiction-- (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that code were a law of the Commonwealth; and (b) is taken not to be a matter arising in relation to laws of that jurisdiction. (3) Subsection (2) has effect for a law of this jurisdiction except as prescribed by regulation under this Act. (4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction. COMPETITION POLICY REFORM ACT 1996 - SECT 32 Functions given to Commonwealth officers and authorities--administrative law (1) A Commonwealth administrative law applying because of section 30 that gives a Commonwealth officer or authority a function also gives the officer or authority the same function in relation to a matter arising in relation to the Competition Code of this jurisdiction. Note Function includes authority, duty and power (see Legislation Act, dictionary, pt 1). (2) A Commonwealth administrative law applying because of section 31 that gives a Commonwealth officer or authority a function also gives the officer or authority the same function in relation to a matter arising in relation to the Competition Code of another participating jurisdiction. (3) The function referred to in subsection (2) may only be exercised in this jurisdiction. (4) In exercising a function given by subsection (1) or (2), the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in exercising the same function under the Commonwealth administrative law. COMPETITION POLICY REFORM ACT 1996 - SECT 33 Restriction of functions of officers and authorities of this jurisdiction--administrative law Where, under this division, a function is given to a Commonwealth officer or authority, that function may not be exercised by an officer or authority of this jurisdiction. COMPETITION POLICY REFORM ACT 1996 - SECT 33A Construction of references to Administrative Appeals Tribunal Act (Cwlth), pt 4A For sections 30 and 31, a reference in a provision of the Administrative Appeals Tribunal Act 1975 (Cwlth) (as that provision applies as a law of this jurisdiction) to part 4A (Appeals and references of questions of law to the Federal Court of Australia) of that Act, or any provision of that part, is a reference to the part or provision of that part as it has effect as a law of the Commonwealth. COMPETITION POLICY REFORM ACT 1996 - SECT 34 No doubling-up of liabilities (1) If-- (a) an act or omission is an offence against the Competition Code of this jurisdiction and is also an offence against the Competition and Consumer Act or an application law of another participating jurisdiction; and (b) the offender has been punished for the offence under the Competition and Consumer Act or the application law of the other jurisdiction; the offender is not liable to be punished for the offence against the Competition Code of this jurisdiction. (2) If a person has been ordered to pay a pecuniary penalty under the Competition and Consumer Act or the application law of another participating jurisdiction, the person is not liable to a pecuniary penalty under the Competition Code of this jurisdiction in respect of the same conduct. COMPETITION POLICY REFORM ACT 1996 - SECT 35 Things done for multiple purposes The validity of an authorisation, notification or any other thing given or done for the Competition Code of this jurisdiction is not affected only because it was given or done also for the Competition and Consumer Act or the Competition Code of 1 or more other jurisdictions. COMPETITION POLICY REFORM ACT 1996 - SECT 36 Reference in Commonwealth law to a provision of another law For section 25, 26, 30 or 31, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of that section. COMPETITION POLICY REFORM ACT 1996 - SECT 37 Fees and other money (1) All fees, taxes, penalties (including pecuniary penalties referred to in the Competition Code, section 76), fines and other money that, under the application law of this jurisdiction, are authorised or directed to be payable by or imposed on any person must be paid to the Commonwealth. (2) Subsection (1) does not apply to amounts recovered for loss or damage as referred to in the Competition Code, section 82 or 87 and other amounts prescribed by regulation under this Act. (3) This subsection imposes the fees (including fees that are taxes) that the regulations in the Competition Code of this jurisdiction prescribe. COMPETITION POLICY REFORM ACT 1996 - SECT 38 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. COMPETITION POLICY REFORM ACT 1996 - SECT 39 Regulations for exceptions under Competition and Consumer Act, s 51 or code Without limiting any other power to make regulations under any other Act, regulations may be made under this Act specifically authorising a specified thing to be done in this jurisdiction and referring expressly to the Competition and Consumer Act or the Competition Code. COMPETITION POLICY REFORM ACT 1996 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: o function o Minister o notifiable instrument. "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; or (b) the Competition Code, applying as a law of the participating jurisdiction, either with or without modifications. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). "commission" means the Australian Competition and Consumer Commission established by the Competition and Consumer Act, section 6A, and includes a member of the commission or a division of the commission performing functions of the commission. "Commonwealth administrative laws", for division 5.5 (Administrative law)--see section 29. "Competition and Consumer Act" means the Competition and Consumer Act 2010 (Cwlth). "Competition Code" means (according to the context)-- (a) the Competition Code text; or (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 the Competition and Consumer Act, section 29A. "instrument" means any document whatever, including-- (a) an Act or an instrument made under an Act; or (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 (d) any other order (whether executive, judicial or otherwise); or (e) a notice, certificate or licence; or (f) an agreement; or (g) an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or (h) an indictment, presentment, summons or writ; or (i) 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. "month" means a period commencing at the beginning of a day of 1 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", of the Commonwealth--see the Competition and Consumer Act, section 150A. "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 4 means the text that is set out in the Competition and Consumer Act, schedule. "State" includes a Territory. "Territory" means the Australian Capital Territory or the Northern Territory of Australia. "this jurisdiction" means the Australian Capital 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. COMPETITION POLICY REFORM ACT 1996 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Competition Policy Reform Act 1996 No 21 notified 4 June 1996 (Gaz 1996 No S101) ss 1-3 and 40-45 commenced 4 June 1996 (s 2 (1)) remainder commenced 20 July 1996 s 2 (2)) as amended by Legislation (Consequential Amendments) Act 2001 No 44 pt 71 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) amdt 1.787, amdt 1.789 commenced 14 September 2001 (amdt 1.787, amdt 1.789) pt 71 remainder commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Jurisdiction of Courts Legislation Amendment Act 2001 No 71 sch 1 pt 1 notified LR 14 September 2001 commenced 14 September 2001 (s 2) Legislation Amendment Act 2002 No 11 pt 2.9 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.9 commenced 28 May 2002 (s 2 (1)) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.22 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.22 commenced 12 April 2007 (s 2 (1)) Fair Trading (Australian Consumer Law) Amendment Act 2010A2010-54 sch 3 pt 3.5 notified LR 16 December 2010 s 1, s 2 commenced 16 December 2010 (LA s 75 (1)) sch 3 pt 3.5 commenced 1 January 2011 (s 2 (1)) 4 Amendment history Name of Acts 1 sub 2001 No 71 amdt 1.1 Dictionarys 2 sub 2001 No 71 amdt 1.1 am A2010-54 amdt 3.12 Notess 2A ins A2007-3 amdt 3.109 Terms defined in Competition and Consumer Acts 3 hdg am A2010-54 amdt 3.12s 3 defs reloc to dict 2001 No 71 amdt 1.3 am 2001 No 71 amdt 1.4; A2010-54 amdt 3.12 def modifications om 2001 No 71 amdt 1.2 def officer om 2001 No 71 amdt 1.2 Competition Code texts 4 am 2001 No 44 amdt 1.785; A2010-54 amdt 3.12 Future modifications of Competition Code texts 6 sub 2001 No 44 amdt 1.786 Interpretation of Competition Codes 7 am 2002 No 11 amdt 2.17 Application of Competition Codes 8 am A2010-54 amdt 3.12 Preliminarydiv 5.1 hdg (prev pt 5 div 1 hdg) renum R1 LA Conferral of functionsdiv 5.2 hdg (prev pt 5 div 2 hdg) renum R1 LA Jurisdiction of courtsdiv 5.3 hdg (prev pt 5 div 3 hdg) renum R1 LA Offencesdiv 5.4 hdg (prev pt 5 div 4 hdg) renum R1 LA Functions given to Commonwealth officers and authoritiess 27 am A2010-54 amdt 3.12 Administrative lawdiv 5.5 hdg (prev pt 5 div 5 hdg) renum R1 LA Meaning of Commonwealth administrative laws--div 5.5s 29 hdg sub A2007-3 amdt 3.110s 29 def Commonwealth administrative laws sub 2001 No 44 amdt 1.787 am 2001 No 71 amdt 1.5 Construction of references to Administrative Appeals Tribunal Act (Cwlth), pt 4As 33A ins 2001 No 71 amdt 1.6 No doubling-up of liabilitiess 34 am A2010-54 amdt 3.12 Things done for multiple purposess 35 am A2010-54 amdt 3.12 Regulation-making powers 38 sub 2001 No 44 amdt 1.788 Regulations for exceptions under Competition and Consumer Act, s 51 or codes 39 hdg am A2010-54 amdt 3.12s 39 am A2010-54 amdt 3.12 Transitional rulespt 7 hdg om A2007-3 amdt 3.111 Definitions for pt 7s 40 om A2007-3 amdt 3.111 def code om A2007-3 amdt 3.111 def cut-off date om A2007-3 amdt 3.111 def existing contract om A2007-3 amdt 3.111 def operative date om A2007-3 amdt 3.111 Existing contractss 41 om A2007-3 amdt 3.111 Section 51 exceptionss 42 om 2001 No 71 amdt 1.7 Temporary exemption form pecuniary penaltiess 43 om 2001 No 71 amdt 1.7 Advance authorisationss 44 om 2001 No 71 amdt 1.7 Regulations relating to savings and transitional matterss 45 om 2001 No 71 amdt 1.7 Dictionarydict ins 2001 No 71 amdt 1.8 def application law sub 2001 No 44 amdt 1.789 reloc from s 3 2001 No 71 amdt 1.3 def commission reloc from s 3 2001 No 71 amdt 1.3 am A2010-54 amdt 3.12 def Commonwealth administrative laws ins A2007-3 amdt 3.112 def Competition and Consumer Act ins A2010-54 amdt 3.13 def Competition Code reloc from s 3 2001 No 71 amdt 1.3 def Competition Code text reloc from s 3 2001 No 71 amdt 1.3 def Conduct Code Agreement reloc from s 3 2001 No 71 amdt 1.3 def council reloc from s 3 2001 No 71 amdt 1.3 am A2010-54 amdt 3.14 def instrument reloc from s 3 2001 No 71 amdt 1.3 def jurisdiction reloc from s 3 2001 No 71 amdt 1.3 def law reloc from s 3 2001 No 71 amdt 1.3 def month reloc from s 3 2001 No 71 amdt 1.3 def officer ins 2001 No 71 amdt 1.8 am A2010-54 amdt 3.14 def participating jurisdiction reloc from s 3 2001 No 71 amdt 1.3 def schedule version of part 4 reloc from s 3 2001 No 71 amdt 1.3 am A2010-54 amdt 3.14 def State reloc from s 3 2001 No 71 amdt 1.3 def Territory reloc from s 3 2001 No 71 amdt 1.3 def this jurisdiction reloc from s 3 2001 No 71 amdt 1.3 def Trade Practices Act reloc from s 3 2001 No 71 amdt 1.3 om A2010-54 amdt 3.15 def tribunal reloc from s 3 2001 No 71 amdt 1.3 am A2010-54 amdt 3.16 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A2001-71 25 January 2002 2 A2002-11 30 May 2002 3 A2007-3 12 April 2007 (c) Australian Capital Territory 2011 COMPETITION POLICY REFORM ACT 1996 - NOTES Australian Capital Territory A1996-21 Republication No 4 Effective: 1 January 2011 Republication date: 1 January 2011 Last amendment made by A2010-54Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Competition Policy Reform Act 1996 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2011 . It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 January 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Competition Policy Reform Act 1996 Endnotes Australian Capital Territory Competition Policy Reform Act 1996