Commonwealth Numbered Acts

COMPETITION POLICY REFORM ACT 1995 No. 88 of 1995 - SECT 26

26. After Part XI of the Principal Act the following Part is inserted:
                      "PART XIA-THE COMPETITION CODE
Definitions

"150A. In this Part, unless the contrary intention appears:
'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)  any regulations or other legislative instrument made under a law
        described in paragraph (a); or

   (c)  the Competition Code, applying as a law of the participating
        jurisdiction, either with or without modifications;
'apply', in relation to the Competition Code, means apply the Competition Code
by reference:

   (a)  as in force from time to time; or

   (b)  as in force at a particular time;
'Competition Code' means (according to the context):

   (a)  the text described in section 150C; or

   (b)  that text, applying as a law of a participating jurisdiction, either
        with or without modifications;
'modifications' includes additions, omissions and substitutions;
'officer', in relation to the Commonwealth, includes the following:

   (a)  a Minister;

   (b)  a person who holds:

        (i)    an office established by or under an Act;

        (ii)   an appointment made under an Act;

        (iii)  an appointment made by the Governor-General or a Minister but
               not under an Act;

   (c)  a person who is a member or officer of an authority of the
        Commonwealth;

   (d)  a person who is in the service or employment of the Commonwealth, or
        of an authority of the Commonwealth, or is employed or engaged under
        an Act;
'participating jurisdiction' means a participating State or Territory;
'participating State' means a State that is a party to the Conduct Code
Agreement and applies the Competition Code as a law of the State, either with
or without modifications;
'participating Territory' means a Territory that is a party to the Conduct
Code Agreement and applies the Competition Code as a law of the Territory,
either with or without modifications;
'Schedule version of Part IV' means the text that is set out in the Schedule
to this Act;
'Territory' means the Australian Capital Territory or the Northern Territory.

Objects of this Part

"150B. The objects of this Part are:

   (a)  to facilitate the application of the Competition Code by participating
        Territories; and

   (b)  to facilitate the application of the Competition Code by participating
        States.

The Competition Code

"150C.(1) The Competition Code consists of:

   (a)  the Schedule version of Part IV;

   (b)  the remaining provisions of this 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 Part IV;

   (c)  the regulations under this Act, so far as they relate to any provision
        covered by paragraph (a) or (b).

"(2) For the purpose of forming part of the Competition Code, the provisions
referred to in paragraphs (1)(b) and (c) are to be modified as necessary to
fit in with the Schedule version of Part IV. In particular, references to
corporations are to include references to persons who are not corporations.

Federal Court may exercise jurisdiction under application laws

"150D. The Federal Court may exercise jurisdiction (whether original or
appellate) conferred on that Court by an application law with respect to
matters arising under the Competition Code.

Exercise of jurisdiction under cross-vesting provisions

"150E. This Part does not affect the operation of any other law of the
Commonwealth, or any law of a State or Territory, relating to cross-vesting of
jurisdiction.

Application laws may confer functions on Commonwealth authorities and officers

"150F. An application law may confer functions and powers on authorities and
officers of the Commonwealth for the purposes of the Competition Code.

Application laws may operate concurrently with this Act

"150G. This Act is not intended to exclude the operation of any application
law, to the extent that the application law is capable of operating
concurrently with this Act.

No doubling-up of liabilities

"150H.(1) If:

   (a)  an act or omission is an offence against this Act and is also an
        offence against an application law; and

   (b)  the offender has been punished for the offence under the application
        law; the offender is not liable to be punished for the offence against
        this Act.

"(2) If a person has been ordered to pay a pecuniary penalty under an
application law, the person is not liable to a pecuniary penalty under this
Act in respect of the same conduct.

References in instruments to the Competition Code

"150I.(1) A reference in any instrument to the Competition Code is a reference
to the Competition Codes of any or all of the participating jurisdictions.

"(2) Subsection (1) has effect except so far as the contrary intention appears
in the instrument or the context of the reference otherwise requires.

Authorisations etc. under this Act may relate also to Competition Code

"150J. The validity of an authorisation, notification or any other thing given
or done for the purposes of this Act is not affected only because it was given
or done also for the purposes of the Competition Code.

Gazettal of jurisdictions that excessively modify the Code

"150K.(1) If the Minister is satisfied that the laws of a participating
jurisdiction have made significant modifications to the Competition Code in
its application to persons within the legislative competence of the
participating jurisdiction, the Minister may publish a notice in the Gazette
stating that the Minister is so satisfied.

"(2) The Minister may, by further notice in the Gazette, revoke a notice
published under subsection (1).".