Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 63

63. (1) Section 95 of the Principal Act is repealed and the following section
substituted:- Register of notifications.
''95. (1) The Commission shall keep a register containing-

   (a)  draft notices, and summaries of reasons, by the Commission furnished
        to any person under section 93A;

   (b)  records of conferences made in accordance with sub-section 93A (7) and
        certificates in relation to conferences given under sub-section 93A
        (8);

   (c)  notices (including notices that have been withdrawn) given to the
        Commission under section 93;

   (d)  documents furnished to the Commission in relation to such notices;

   (e)  particulars of any oral submissions made to the Commission in relation
        to such notices;

   (f)  particulars of notices given by the Commission to corporations by
        which notices under section 93 were given; and

   (g)  particulars of any permits given by the Commission under sub-paragraph
        93 (7) (b) (i).

''(2) Where a person furnishes a document to the Commission in relation to a
notice given to the Commission under section 93 or makes an oral submission to
the Commission in relation to such a notice, he may, at the time when the
document is furnished or the submission is made, request that the document or
a part of the document, or that particulars of the submission or of part of
the submission, be excluded from the register kept under sub-section (1) by
reason of the confidential nature of any of the matters contained in the
document or submission.

''(3) Where such a request is made-

   (a)  if the document or part of the document, or the submission or part of
        the submission, to which the request relates contains particulars of-

        (i)    a secret formula or process;

        (ii)   the cash consideration offered for the acquisition of shares in
               the capital, or assets, of a body corporate; or

        (iii)  the current costs of manufacturing, producing or marketing
               goods or services,

the Commission shall exclude the document or the part of the document, or
particulars of the submission or of the part of the submission, as the case
may be, from the register kept under sub-section (1); and

   (b)  in any other case-the Commission may, if it is satisfied that it is
        desirable to do so by reason of the confidential nature of matters
        contained in the document or the part of the document, or in the
        submission or the part of the submission, exclude the document or the
        part of the document, or particulars of the submission or of the part
        of the submission, as the case may be, from that register.

''(4) If the Commission refuses a request to exclude a document or a part of a
document from the register kept under sub-section (1), the Commission shall,
if the person who furnished the document to the Commission so requires, return
the document or part of the document to him and, in that case, paragraph (1)
(d) does not apply in relation to the document or part of the document.

''(5) Sub-section (4) does not apply in relation to a document that was
produced to the Commission in pursuance of a notice under section 155.

''(6) If the Commission refuses a request to exclude particulars of an oral
submission or of part of an oral submission from the register kept under
sub-section (1), the person who made the submission may inform the Commission
that he withdraws the submission or that part of the submission and, in that
case, paragraph (1) (e) does not apply in relation to the submission or that
part of the submission, as the case may be.

''(7) Where the Commission is satisfied that it is desirable to do so for any
reason other than the confidential nature of matters contained in a document
or submission, the Commission may exclude a document or part of a document
referred to in paragraph (1) (d) or particulars referred to in paragraph (1)
(e) from the register kept under sub-section (1).

''(8) If a person requests in accordance with sub-section (2) that a document
or a part of a document, or that particulars of a submission or of part of a
submission, be excluded from the register kept under sub-section (1), the
document or the part of the document, or particulars of the submission or of
the part of the submission, shall not be included in that register until the
Commission has made a determination in relation to the request.''.

(2) The register kept under sub-section 95 (1) of the Principal Act as amended
by this Act shall include-

   (a)  notices given under section 94 of the Principal Act to the Trade
        Practices Commission established under that Act; and

   (b)  particulars of notices given by that Commission to corporations by
        which notices under that section were given.