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This is a Bill, not an Act. For current law, see the Acts databases.
TRADE PRACTICES AMENDMENT BILL 2009
2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Trade Practices Amendment Bill 2009
(Mr Katter)
A Bill for an Act to amend the Trade Practices Act
1974
i Trade Practices Amendment Bill 2009
Contents
Part 1--Preliminary
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1
Short title ............................................................................................ 1
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Commencement .................................................................................. 1
3
Schedule(s) .....................................................................................
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Schedule 1 - Ame ndment of the Trade Practices Act 1974
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Trade Practices Amendment Bill 2009
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2
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A Bill for an Act to make amend the Trade
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Practices Act 1974
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The Parliament of Australia enacts:
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Part 1--Preliminary
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1 Short title
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This Act may be cited as the Trade Practices Amendment Bill
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2009.
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2 Commence ment
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This Act commences on the day on which it receives the
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Royal Assent.
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3 Schedule(s)
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Each Act that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Section 3
2 Trade Practices Amendment Bill 2009
1
Schedule 1 - Amendment of the Trade
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Practices Act 1974
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1 After subsection 45DD(2)
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Insert:
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Dominant purpose of conduct relates to
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importation of goods to replace certain products -
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conduct by a person
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(2A) A person does not contravene, and is not involved in a
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contravention of, subsection 45D (1), 45DA(1) or 45DB(1) by
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engaging in conduct if
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(a) the dominant purpose for which the conduct is engaged in is
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substantially related to the importation of goods of a kind
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specified in the regulations as goods which are deemed to be
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intended or likely to be supplied, sold or provided as
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replacements for goods that had been manufactured in
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Australia by, on behalf of, or in association with Pacific
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Brands, and
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(b) the conduct is engaged in before the expiry of a period of 2
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years from the date on which this subsection comes into
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effect.
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Dominant purpose of conduct relates to importation of
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goods to replace certain products - conduct by employee
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organisation and employees
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(2B) If
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(a) an employee, or 2 or more employees who are
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employed by the same employer, engage in conduct in
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concert with another person who is, or with other
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persons each of whom is:
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(i) an organisation of employees; or
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(ii) an officer of an organisation of employees; and
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(b) the conduct is only engaged in by the persons covered
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by paragraph (a); and
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Section 3
Trade Practices Amendment Bill 2009 3
(c) the dominant purpose for which the conduct is engaged
1
in is substantially related to the importation of goods of
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a kind specified in the regulations as goods which are
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deemed to be intended or likely to be supplied, sold or
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provided as replacements for goods that had been
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manufactured in Australia by, on behalf of, or in
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association with Pacific Brands; and
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(d) the conduct is engaged in before the expiry of a period
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of 2 years from the date on which this subsection comes
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into effect
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the persons covered by paragraph (a) do not contravene, and are
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not involved in a contravention of, subsection 45D(1), 45DA(1) or
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45DB(1) by engaging in the conduct.
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(2C) For the purposes of subsections (2A) and (2B) the term
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Pacific Brands and has the meaning given in the regulations.
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