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TRADE PRACTICES ACT 1974

Table of Provisions

  • 1 Short title.  
  • 2 Commencement.  
  • 3 Repeal.  
  • 4 Interpretation.  
  • 5 Extended application of Parts IV and V.  
  • 6 Additional operation of Act.  
  • 7 Constitution of Commission.  
  • 8 Terms and conditions of appointment.  
  • 9 Remuneration of members of Commission.  
  • 10 Deputy Chairman.  
  • 11 Acting Chairman.  
  • 12 Leave of absence.  
  • 13 Termination of appointment.  
  • 14 Retirement.  
  • 15 Resignation.  
  • 16 Arrangement of business.  
  • 17 Disclosure of financial interests of members of Commission.  
  • 18 Meetings of Commission.  
  • 19 Chairman may direct Commission to sit in Divisions.  
  • 20 Power to take evidence on oath.  
  • 21 Procedure at public hearings by Commission.  
  • 22 Hearing in private in certain circumstances.  
  • 23 Evidence in form of written statement.  
  • 24 Representation at public hearings by Commission.  
  • 25 Delegation by Commission.  
  • 26 Rights of public servant appointed as Chairman or full-time member.  
  • 27 Staff of Commission.  
  • 28 Functions of Commission in relation to dissemination of information, law reform and research.  
  • 29 Commission to comply with directions of Attorney-General and requirements of Parliament.  
  • 30 Constitution of Tribunal.  
  • 31 Qualifications of members of Tribunal.  
  • 32 Terms and conditions of appointment.  
  • 33 Remuneration of members of Tribunal.  
  • 34 Acting appointments.  
  • 35 Suspension and removal of members of Tribunal.  
  • 36 Resignation.  
  • 37 Constitution of Tribunal for particular matters.  
  • 38 Validity of determinations.  
  • 39 Arrangement of business.  
  • 40 Disclosure of financial interests of members of Tribunal.  
  • 41 Presidential member to preside.  
  • 42 Decision of questions.  
  • 43 Member of Tribunal ceasing to be available.  
  • 44 Staff of Tribunal.  
  • 45 Contracts, arrangements or understandings in restraint of trade or commerce.  
  • 46 Monopolization.  
  • 47 Exclusive dealing.  
  • 48 Resale price maintenance.  
  • 49 Price discrimination.  
  • 50 Mergers.  
  • 51 Exceptions.  
  • 52 Misleading or deceptive conduct.  
  • 53 False representations.  
  • 54 Offering gifts and prizes.  
  • 55 Misleading conduct to which Industrial Property Convention applies.  
  • 56 Bait advertising.  
  • 57 Referral selling.  
  • 58 Accepting payment without intending to supply as ordered.  
  • 59 Misleading statements about home-operated businesses.  
  • 60 Coercion at place of residence.  
  • 61 Pyramid selling.  
  • 62 Product safety standards.  
  • 63 Product information standards.  
  • 64 Assertion of right to payment for unsolicited goods or for making entry in directory.  
  • 65 Liability of recipient of unsolicited goods.  
  • 66 Interpretation.  
  • 67 Conflict of laws.  
  • 68 Application of Division to contracts not to be excluded or modified.  
  • 69 Implied undertakings as to title, encumbrances and quiet possession.  
  • 70 Supply by description.  
  • 71 Implied undertakings as to quality or fitness.  
  • 72 Supply by sample.  
  • 73 Liability for loss or damage from breach of certain contracts.  
  • 74 Warranties in relation to the supply of services.  
  • 75 Saving of other laws and remedies.  
  • 76 Pecuniary penalties.  
  • 77 Civil action for recovery of pecuniary penalties.  
  • 78 Criminal proceedings not to be brought for contraventions of Part IV.  
  • 79 Offences against Part V.  
  • 80 Injunctions.  
  • 81 Divestiture.  
  • 82 Actions for damages.  
  • 83 Finding in proceedings to be evidence.  
  • 84 Conduct by servants or agents of body corporate.  
  • 85 Defences.  
  • 86 Jurisdiction of Court.  
  • 87 Ancillary orders.  
  • 88 Power of Commission to grant authorizations.  
  • 89 Procedure for applications.  
  • 90 Determination of applications for authorizations.  
  • 91 Grant, revocation and variation of authorizations.  
  • 92 Clearance of contracts, arrangements or understandings in restraint of trade or commerce.  
  • 93 Clearance of exclusive dealing.  
  • 94 Clearance of mergers.  
  • 95 Register in relation to clearances.  
  • 96 Acts constituting engaging in resale price maintenance.  
  • 97 Recommended prices.  
  • 98 Withholding the supply of goods.  
  • 99 Statements as to the minimum price of goods.  
  • 100 Evidentiary provisions.  
  • 101 Applications for review.  
  • 102 Functions and powers of Tribunal.  
  • 103 Procedure generally.  
  • 104 Regulations as to certain matters.  
  • 105 Power to take evidence on oath.  
  • 106 Hearings to be in public except in special circumstances.  
  • 107 Evidence in form of written statement.  
  • 108 Taking of evidence by single member.  
  • 109 Participants in proceedings before Tribunal.  
  • 110 Representation.  
  • 111 Interpretation.  
  • 112 Part IV not to apply.  
  • 113 Agreements to which Part applies.  
  • 114 Shipowners may be required to be represented by agent and give address for service.  
  • 115 Clerk of Shipping Agreements.  
  • 116 Agreements subject to filing.  
  • 117 Particulars to be furnished of certain agreements, variations and determinations.  
  • 118 Failure to furnish particulars to be an offence.  
  • 119 Clerk to file particulars.  
  • 120 Filed documents to be evidence.  
  • 121 Secrecy.  
  • 122 Minister may request undertakings.  
  • 123 Disapproval of agreements.  
  • 124 Effect of disapproval.  
  • 125 Reinstatement of disapproved agreement or approval of substituted agreement.  
  • 126 Injunctions.  
  • 127 Publication and commencement of orders.  
  • 128 Minister may request undertakings.  
  • 129 Declaration of shipowners.  
  • 130 Prohibitions applicable to declared shipowner.  
  • 131 Injunctions.  
  • 132 Minister may refer certain matters to Tribunal.  
  • 133 Minister to consult with shipowners before making reference.  
  • 134 Representation.  
  • 135 Undertakings to Tribunal.  
  • 136 Failure to comply with undertaking to be contempt of Tribunal.  
  • 137 Punishment of contempt.  
  • 138 Protection of certain persons.  
  • 139 Publication of reports of Tribunal.  
  • 140 Institution of prosecutions.  
  • 141 Aiding and abetting.  
  • 142 Protection of certain persons.  
  • 143 Constitution of Court.  
  • 144 Actions for damages.  
  • 145 Deferment of action on application of Minister.  
  • 146 Findings in contempt proceedings to be evidence.  
  • 147 Continuation of certain appointments and proceedings.  
  • 148 Commission may retain certain documents.  
  • 149 Secrecy in relation to documents furnished under previous law.  
  • 150 Certain notices continued.  
  • 151 Particulars of agreements continued.  
  • 152 Repository of documents continued.  
  • 153 Extension of section 121.  
  • 154 Undertakings continued.  
  • 155 Power of Commission to obtain information, documents and evidence.  
  • 156 Inspection of documents by Commission.  
  • 157 Disclosure of documents by Commission.  
  • 158 Protection of members of Tribunal or Commission, barristers and witnesses.  
  • 159 Incriminating answers.  
  • 160 Failure of witness to attend.  
  • 161 Refusal to be sworn or to answer questions.  
  • 162 Contempt of Tribunal or Commission.  
  • 163 Prosecutions.  
  • 164 Proceedings by Commission to be in its official name.  
  • 165 Inspection of, furnishing of copies of, and evidence of, documents.  
  • 166 Certificates as to furnishing of particulars of agreements.  
  • 167 Judicial notice.  
  • 168 Presumption that bodies corporate not related.  
  • 169 Temporary exercise of jurisdiction by Australian Industrial Court.  
  • 170 Legal and financial assistance.  
  • 171 Annual report by Commission.  
  • 172 Regulations.  

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