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This is a Bill, not an Act. For current law, see the Acts databases.
COMPETITION AND CONSUMER (PRICE SIGNALLING) AMENDMENT BILL 2010
2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Competition and Consumer (Price
Signalling) Amendment Bill 2010
No. , 2010
(Mr Billson)
A Bill for an Act to amend the Competition and
Consumer Act 2010, and for related purposes
i Competition and Consumer (Price Signalling) Amendment Bill 2010 No. , 2010
Contents
1 Short title ...................................................................................................... 1
2 Commencement ............................................................................................ 2
3 Schedule ........................................................................................................ 2
Schedule 1--Competition and Consumer Act 2010
3
Competition and Consumer (Price Signalling) Amendment Bill 2010 No. , 2010 1
A Bill for an Act to amend the Competition and
1
Consumer Act 2010, and for related purposes
2
The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Competition and Consumer (Price
5
Signalling) Amendment Act 2010.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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2 Competition and Consumer (Price Signalling) Amendment Bill 2010 No. , 2010
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3 The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
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(2) Any information in Column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedule
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The
Competition and Consumer Act 2010 is amended as set out in
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Schedule 1.
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10
Competition and Consumer (Price Signalling) Amendment Bill 2010 No. , 2010 3
Schedule 1--Competition and Consumer Act
1
2010
2
3
1 After section 45
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Insert:
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45A Price signalling
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Prohibition of price signalling
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(1) A corporation must not engage in price signalling.
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(2) For this section, a corporation engages in price signalling if:
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(a) it communicates price-related information to a competitor;
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and
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(b) it does so for the purpose of inducing or encouraging the
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competitor to vary the price at which it supplies or acquires,
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offers to supply or acquire, or proposes to supply or acquire,
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goods or services; and
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(c) the communication of that information has, or is likely to
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have, the effect of substantially lessening competition in the
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market for those goods or services, or in another market.
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Establishing the purpose of a communication
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(3) Without in any way limiting the manner in which the purpose
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referred to in paragraph (2)(b) may be established, a corporation
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may be taken to have communicated price-related information to a
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competitor even if, after all of the evidence has been considered,
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the existence of that purpose is ascertainable only by inference
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from the conduct of the corporation, or of any other person, or
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from other relevant circumstances.
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Defined terms
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(4) For this section, a corporation communicates price-related
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information if it announces, transmits or imparts it in any form, and
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by any means, direct or indirect, public or private, including by
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way of public announcement.
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(5) In this section:
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4 Competition and Consumer (Price Signalling) Amendment Bill 2010 No. , 2010
price-related information means information that relates to the
1
price or terms and conditions of the supply or acquisition, or
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proposed supply or acquisition, of goods or services, and that may
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have a bearing on the price of those goods or services.
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(6) For this section, a competitor of a corporation is any entity that is
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in actual or potential competition in a market with the corporation
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or a related body corporate of the corporation.
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(7) For this section, a competitor varies its prices for goods and
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services after receiving a communication if it offers them, or offers
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to acquire them, at prices or on terms or conditions that differ
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materially from those that would have applied if it had not received
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that communication.
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(8) For this section, a corporation communicates information for the
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purpose referred to in paragraph (2)(b) if:
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(a) it does so for that purpose or for purposes that include that
15
purpose; and
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(b) that purpose is a substantial purpose.
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(9) For this section, a communication has, or is likely to have, the
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effect of substantially lessening competition in a market if it has
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that effect on its own, or in combination with other
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communications or other acts.
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(10) In this section:
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entity includes a person, corporation, partnership or joint venture.
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price includes interest and fees charged, or proposed to be charged,
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on a loan of money or other financial services.
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Exclusions
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(11) This section does not apply to:
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(a) a private communication between related bodies corporate or
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between parties to a joint venture; or
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(b) a communication that is part of conduct that contravenes one
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of the following sections, or would contravene it but for an
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authorisation under section 88 or a notification under section
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93:
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Competition and Consumer (Price Signalling) Amendment Bill 2010 No. , 2010 5
(i) sections 44ZZRF, 44ZZRG, 44ZZRJ or 44ZRK
1
(sections relating to contracts, arrrangements or
2
understandings);
3
(ii) section 47 (Exclusive dealing);
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(iii) section 48 (Resale price maintenance); or
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(c) the transmission or re-transmission of price-related
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information already in the public domain; or
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(d) a communication required by law; or
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(e) a communication from a corporation to an entity, in its
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capacity as customer or supplier of that entity, the principal
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purpose of which is to inform the entity of a variation in price
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it is to be charged or paid by the corporation.
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2 After subsection 88(1)
13
Insert:
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(2) Subject to this Part, the Commission may, upon application by or
15
on behalf of a corporation, grant an authorisation to the corporation
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to engage in conduct to which section 45CA would or might apply,
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and, while the authorisation remains in force, that section does not
18
prevent the corporation from engaging in that conduct in
19
accordance with the authorisation.
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3 Subsection 90(6)
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After "(1), ", insert "(2),".
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