Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 61

61. Before section 94 of the Principal Act the following section is inserted:-
Commission to afford opportunity for conference before giving notice in
relation to exclusive dealings.
''93A. (1) Before giving a notice under sub-section 93 (3) in relation to any
conduct or proposed conduct, the Commission shall prepare a draft notice in
relation to that conduct or proposed conduct.

''(2) The Commission shall, by notice in writing sent to the corporation to
the conduct or proposed conduct of which the draft notice relates and to each
other interested person, invite the corporation 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 corporation or
other person wishes the Commission to hold a conference in relation to the
draft notice.

''(3) The Commission shall send with each notice under sub-section (2) a copy
of the draft notice and a summary of the reasons why it proposes to give the
notice under sub-section 93 (3).

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

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

   (b)  does not notify the Commission within that period that he wishes the
        Commission to hold such a conference, the Commission may give the
        notice under sub-section 93 (3) at any time after the expiration of
        that period.

''(5) 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 notice, 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).

''(6) 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 notice) 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.

''(7) 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.

''(8) 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 (5) in relation to the draft notice 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.

''(9) A document purporting to be a certificate referred to in sub-section (8)
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.

''(10) The Commission shall take account of all matters raised at the
conference and may at any time after the termination of the conference, if it
is satisfied as to the matters referred to in sub-section 93 (3), give a
notice under that sub-section in relation to the conduct or proposed conduct.

''(11) 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 matter, being an interest that, in the opinion of the Commission, is
real and substantial.

''(12) Where the Commission is of the opinion that two or more notices given
to the Commission under sub-section 93 (1) by the same person, or by persons
being bodies corporate that are related to each other, deal with substantially
similar conduct or proposed conduct, the Commission may treat the notices as
if they constituted a single notice and may prepare one draft notice in
relation to the notices so given to the Commission and hold one conference in
relation to that draft notice.''.