Australian Capital Territory Consolidated Acts

COMPETITION POLICY REFORM ACT 1996 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     function

              •     Minister

              •     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.

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 2010
A2010-54 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 Act
s 1     sub 2001 No 71 amdt 1.1

Dictionary
s 2     sub 2001 No 71 amdt 1.1
    am A2010-54 amdt 3.12

Notes
s 2A     ins A2007-3 amdt 3.109

Terms defined in Competition and Consumer Act
s 3 hdg     am A2010-54 amdt 3.12
s 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 text
s 4     am 2001 No 44 amdt 1.785; A2010-54 amdt 3.12

Future modifications of Competition Code text
s 6     sub 2001 No 44 amdt 1.786

Interpretation of Competition Code
s 7     am 2002 No 11 amdt 2.17

Application of Competition Code
s 8     am A2010-54 amdt 3.12

Preliminary
div 5.1 hdg     (prev pt 5 div 1 hdg) renum R1 LA

Conferral of functions
div 5.2 hdg     (prev pt 5 div 2 hdg) renum R1 LA

Jurisdiction of courts
div 5.3 hdg     (prev pt 5 div 3 hdg) renum R1 LA

Offences
div 5.4 hdg     (prev pt 5 div 4 hdg) renum R1 LA

Functions given to Commonwealth officers and authorities
s 27     am A2010-54 amdt 3.12

Administrative law
div 5.5 hdg     (prev pt 5 div 5 hdg) renum R1 LA

Meaning of Commonwealth administrative laws—div 5.5
s 29 hdg     sub A2007-3 amdt 3.110
s 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 4A
s 33A     ins 2001 No 71 amdt 1.6

No doubling-up of liabilities
s 34     am A2010-54 amdt 3.12

Things done for multiple purposes
s 35     am A2010-54 amdt 3.12

Regulation-making power
s 38     sub 2001 No 44 amdt 1.788

Regulations for exceptions under Competition and Consumer Act, s 51 or code
s 39 hdg     am A2010-54 amdt 3.12
s 39     am A2010-54 amdt 3.12

Transitional rules
pt 7 hdg     om A2007-3 amdt 3.111

Definitions for pt 7
s 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 contracts
s 41     om A2007-3 amdt 3.111

Section 51 exceptions
s 42     om 2001 No 71 amdt 1.7

Temporary exemption form pecuniary penalties
s 43     om 2001 No 71 amdt 1.7

Advance authorisations
s 44     om 2001 No 71 amdt 1.7

Regulations relating to savings and transitional matters
s 45     om 2001 No 71 amdt 1.7

Dictionary
dict     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

© Australian Capital Territory 2011

Australian Capital Territory

A1996-21

Republication No 4

Effective: 1 January 2011

Republication date: 1 January 2011

Last amendment made by A2010-54





Unauthorised 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):

              • authorised republications to which the Legislation Act 2001 applies

              • 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