Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 57

57. After section 90 of the Principal Act the following section is inserted:-
Commission to afford opportunity for conference before determining application
for authorization.
''90A. (1) Before determining an application for an authorization, the
Commission shall prepare a draft determination in relation to the application.

''(2) The Commission shall, by notice in writing sent to the applicant and to
each other interested person, invite the applicant or other person to notify
the Commission, within 14 days after a date fixed by the Commission being not
earlier than the day on which the notice is sent, whether the applicant or
other person wishes the Commission to hold a conference in relation to the
draft determination.

''(3) If-

   (a)  the draft determination provides for the granting of the application
        unconditionally; and

   (b)  no person has made a written submission to the Commission opposing the
        application, each notice by the Commission under sub-section (2) shall
        inform the person to whom the notice is sent that the draft
        determination so provides.

''(4) If-

   (a)  the draft determination does not provide for the granting of the
        application or provides for the granting of the application subject to
        conditions; or

   (b)  the draft determination provides for the granting of the application
        unconditionally but a written submission has, or written submissions
        have, been made to the Commission opposing the application, the
        Commission shall send with each notice under sub-section (2) a copy of
        the draft determination and-

   (c)  in a case to which paragraph (a) applies-a summary of the reasons why
        the Commission is not satisfied that the application should be granted
        or why it is not satisfied that the application should be granted
        unconditionally; or

   (d)  in a case to which paragraph (b) applies-a summary of the reasons why
        it is satisfied that the application should be granted
        unconditionally.

''(5) If each of the persons to whom a notice was sent under sub- section (2)-

   (a)  notifies the Commission within the period of 14 days mentioned in that
        sub-section that he does not wish the Commission to hold a conference
        in relation to the draft determination; or

   (b)  does not notify the Commission within that period that he wishes the
        Commission to hold such a conference, the Commission may make the
        determination at any time after the expiration of that period.

''(6) If any of the persons to whom a notice was sent under sub- section (2)
notifies the Commission in writing within the period of 14 days mentioned in
that sub-section that he wishes the Commission to hold a conference in
relation to the draft determination, the Commission shall appoint a date
(being not later than 30 days after the expiration of that period), time and
place for the holding of the conference and give notice of the date, time and
place so appointed to each of the persons to whom a notice was sent under
sub-section (2).

''(7) At the conference-

   (a)  the Commission shall be represented by a member or members of the
        Commission (being a member or members who participated in the
        preparation of the draft determination) nominated by the Chairman;

   (b)  each person to whom a notice was sent under sub-section (2) and any
        other interested person whose presence at the conference is considered
        by the Commission to be appropriate is entitled to attend and
        participate personally or, in the case of a body corporate, may be
        represented by a person who, or by persons each of whom, is a
        director, officer or employee of the body corporate;

   (c)  a person participating in the conference in accordance with paragraph
        (a) or (b) is entitled to have another person or other persons present
        to assist him but a person who so assists another person at the
        conference is not entitled to participate in the discussion;

   (d)  the Minister or a person or persons appointed in writing by the
        Minister is or are entitled to attend and participate personally; and

   (e)  no other person is entitled to be present.

''(8) A member of the Commission participating in the conference shall make
such record of the discussions as is sufficient to set out the matters raised
by the persons participating in the conference.

''(9) The member of the Commission who represents the Commission at the
conference, or, if the Commission is represented by more than one member of
the Commission, one of those members appointed by the Chairman-

   (a)  may exclude from the conference any person who uses insulting language
        at the conference, creates, or takes part in creating or continuing, a
        disturbance at the conference or repeatedly interrupts the conference;

   (b)  may terminate the conference when he is of the opinion that a
        reasonable opportunity has been given for the expression of the views
        of persons participating in the conference (other than persons
        excluded from the conference under paragraph (a)); and

   (c)  shall give a certificate certifying the day on which the first
        notification under sub-section (6) in relation to the draft
        determination was received by the Commission and the day on which the
        conference terminated, and any such certificate shall be received in
        all courts as evidence of the matters certified.

''(10) A document purporting to be a certificate referred to in sub-section
(9) shall, unless the contrary is established, be deemed to be such a
certificate and to have been duly given.

''(11) The Commission shall take account of all matters raised at the
conference and may at any time after the termination of the conference make a
determination in respect of the application.

''(12) For the purposes of this section, 'interested person' means a person
who has notified the Commission in writing that he, or a specified
unincorporated association of which he is a member, claims to have an interest
in the application, being an interest that, in the opinion of the Commission,
is real and substantial.

''(13) Where the Commission is of the opinion that two or more applications
for authorizations that are made by the same person, or by persons being
bodies corporate that are related to each other, involve the same or
substantially similar issues, the Commission may treat the applications as if
they constitute a single application and may prepare one draft determination
in relation to the applications and hold one conference in relation to that
draft determination.''.