TRADE PRACTICES REGULATIONS (AMENDMENT) 1997 NO. 53 TRADE PRACTICES REGULATIONS (AMENDMENT) 1997 NO. 53 - TABLE OF PROVISIONS 1. Amendment 2. Regulation 7 (Application for authorisation - Division 1 of Part VII) 3. Schedule 1 (Forms - General) SCHEDULE 1 1997 No. 53 TRADE PRACTICES REGULATIONS (AMENDMENT) - REG 1 1. Amendment 1.1 The Trade Practices Regulations are amended as set out in these Regulations. [NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.] 1997 No. 53 TRADE PRACTICES REGULATIONS (AMENDMENT) - REG 2 2. Regulation 7 (Application for authorisation - Division 1 of Part VII) 2.1 Omit "D,", substitute "D, DA,". 1997 No. 53 TRADE PRACTICES REGULATIONS (AMENDMENT) - REG 3 3. Schedule 1 (Forms - General) 3.1 Form A: Notices (clause 1, quoted subparagraph 90 (8) (a) (ii)): Omit "subsection 88 (7)", substitute "subsection 88 (7) or (7A)". 3.2 Form D: Omit the Form, substitute Forms D and DA as set out in the Schedule. 3.3 Form EA: Notice (quoted subparagraph 90 (8) (a) (ii)): Omit "subsection 88 (7)", substitute "subsection 88 (7) or (7A)". 1997 No. 53 TRADE PRACTICES REGULATIONS (AMENDMENT) - SCHEDULE 1 SCHEDULE Regulation 3 FORM D Regulation 7 [Front of Form] COMMONWEALTH OF AUSTRALIA Trade Practices Act 1974 - Subsection 88 (7) BOYCOTTS: APPLICATION FOR AUTHORIZATION To the Australian Competition and Consumer Commission: Application is hereby made under subsection 88 (7) of the Trade Practices Act 1974 for an authorization under that subsection: * to engage, in concert with other persons, in conduct that hinders or prevents, or may hinder or prevent, a third person supplying goods or services to, or acquiring goods or services from, a fourth person. * to engage, in concert with other persons, in conduct that prevents or substantially hinders, or may prevent or substantially hinder, a third person from engaging in trade or commerce involving the movement of goods between Australia and places outside Australia. * (Strike out whichever is not applicable). (PLEASE READ DIRECTIONS AND NOTICE ON BACK OF FORM) 1. (a) Name of applicant (See Direction 2 on the back of this Form) (b) Short description of business, activity or occupation carried on by applicant (c) Address in Australia for service of documents on the applicant 2. (a) Description of conduct proposed to be engaged in (b) Number of persons proposing to engage, in concert, in that conduct Where number of persons stated in item 2 (b) is less than 50, their names and addresses (See Direction 4 on the back of this Form) 3. Name and address of third person whose supply or acquisition of goods or services, or whose trade or commerce involving the movement of goods overseas, is to be, or may be, hindered or prevented by the conduct 4. Name and address of person to or from whom, or the place to or from which, supply or acquisition of goods or services is to be, or may be, hindered or prevented by the conduct 5. Names and addresses of persons on whose behalf application is made 6. (a) Grounds for grant of authorization (b) Facts and contentions relied upon in support of those grounds (See Notice on the back of this Form) 7. (a) Does this application deal with a matter relating to a joint venture (See section 4J of the Trade Practices Act 1974)? (b) If so, are any other applications being made simultaneously with this application in relation to that joint venture? (c) If so, by whom or on whose behalf are those other applications being made? 8. Name and address of person authorized by the applicant to provide additional information in relation to this application Dated . , 19 Signed by/on behalf of the applicant (Signature) (Full Name) (Description) [Back of Form] DIRECTIONS 1. Where there is insufficient space on this form to furnish the required information, the information is to be shown on separate sheets, numbered consecutively and signed by or on behalf of the applicant. 2. Where the application is made by or on behalf of a corporation, the name of the corporation is to be inserted in item 1 (a), not the name of the person signing the application, and the application is to be signed by a person authorized by the corporation to do so. 3. In item 1 (b), if applicable, describe that part of the applicant's business relating to the subject matter of the proposed conduct in respect of which the application is made. 4. Furnish with the application particulars of the conduct in respect of which the authorization is sought. Those particulars shall be furnished: (a) in so far as the particulars or any of them have been reduced to writing - by lodging a true copy of the writing; and (b) in so far as the particulars or any of them have not been reduced to writing - by lodging a memorandum containing a full and correct statement of the particulars that have not been reduced to writing. NOTICE In relation to item 6, your attention is drawn to paragraph 90 (8) (a) of the Trade Practices Act 1974, which provides that the Commission shall not: "(a) make a determination granting: (i) an authorization under subsection 88 (1) in respect of a provision of a proposed contract, arrangement or understanding that is or may be an exclusionary provision; or (ii) an authorization under subsection 88 (7) or (7A) in respect of proposed conduct; or (iii) an authorization under subsection 88 (8) in respect of proposed conduct to which subsection 47 (6) or (7) applies; or (iv) an authorisation under subsection 88 (8A) for proposed conduct to which section 48 applies; unless it is satisfied in all the circumstances that the proposed provision or the proposed conduct would result, or be likely to result, in such a benefit to the public that the proposed contract or arrangement should be allowed to be made, the proposed understanding should be allowed to be arrived at, or the proposed conduct should be allowed to take place, as the case may be;". FORM DA Regulation 7 [Front of Form] COMMONWEALTH OF AUSTRALIA Trade Practices Act 1974 - Subsection 88 (7A) BOYCOTT AGREEMENTS: APPLICATION FOR AUTHORIZATION To the Australian Competition and Consumer Commission: Application is hereby made under subsection 88 (7A) of the Trade Practices Act 1974 for an authorization under that subsection for a person (the "first person"): * to make a contract or arrangement, or arrive at an understanding, with an organisation of employees or an officer of such an organisation, being a contract, arrangement or understanding that contains a provision that is, or may be, included for the purpose of preventing or hindering the first person supplying goods or services to, or acquiring goods or services from, another person. * to give effect to a provision of a contract, arrangement or understanding with an organisation of employees or an officer of such an organisation that has, or may have, been included for the purpose of preventing or hindering the first person supplying goods or services to, or acquiring goods or services from, another person. * (Strike out whichever is not applicable) (PLEASE READ DIRECTIONS AND NOTICE ON BACK OF FORM) 1. (a) Name of applicant (See Direction 2 on the back of this Form) (b) Short description of business, activity or occupation carried on by applicant (c) Address in Australia for service of documents on the applicant 2. (a) Brief description of contract, arrangement or understanding (whether written or oral) and, where already made, its date (b) Brief description of the provisions of the contract, arrangement or understanding that have, or may have, the purpose of preventing or hindering the first person supplying goods or services to, or acquiring goods or services from, another person (c) Names and addresses of other parties, or proposed parties, to the contract, arrangement or understanding (See Direction 4 on the back of this Form) 3. Name and address of the person to or from whom supply or acquisition of goods or services is to be, or may be, hindered or prevented by the contract, arrangement or understanding 4. Names and addresses of persons on whose behalf application is made 5. (a) Grounds for grant of authorization (b) Facts and contentions relied upon in support of those grounds (See Notice on the back of this Form) 6. (a) Does this application deal with a matter relating to a joint venture (See section 4J of the Trade Practices Act 1974)? (b) If so, are any other applications being made simultaneously with this application in relation to that joint venture? (c) If so, by whom or on whose behalf are those other applications being made? 7. Name and address of person authorized by the applicant to provide additional information in relation to this application Dated . , 19 Signed by/on behalf of the applicant (Signature) (Full Name) (Description) [Back of Form] DIRECTIONS 1. Where there is insufficient space on this form to furnish the required information, the information is to be shown on separate sheets, numbered consecutively and signed by or on behalf of the applicant. 2. Where the application is made by or on behalf of a corporation, the name of the corporation is to be inserted in item 1 (a), not the name of the person signing the application, and the application is to be signed by a person authorized by the corporation to do so. 3. In item 1 (b), if applicable, describe that part of the applicant's business relating to the subject matter of the proposed conduct in respect of which the application is made. 4. Furnish with the application particulars of the conduct in respect of which the authorization is sought. Those particulars shall be furnished: (a) in so far as the particulars or any of them have been reduced to writing - by lodging a true copy of the writing; and (b) in so far as the particulars or any of them have not been reduced to writing - by lodging a memorandum containing a full and correct statement of the particulars that have not been reduced to writing. NOTICE In relation to item 5, your attention is drawn to paragraph 90 (8) (a) of the Trade Practices Act 1974, which provides that the Commission shall not: "(a) make a determination granting: (i) an authorization under subsection 88 (1) in respect of a provision of a proposed contract, arrangement or understanding that is or may be an exclusionary provision; or (ii) an authorization under subsection 88 (7) or (7A) in respect of proposed conduct; or (iii) an authorization under subsection 88 (8) in respect of proposed conduct to which subsection 47 (6) or (7) applies; or (iv) an authorisation under subsection 88 (8A) for proposed conduct to which section 48 applies; unless it is satisfied in all the circumstances that the proposed provision or the proposed conduct would result, or be likely to result, in such a benefit to the public that the proposed contract or arrangement should be allowed to be made, the proposed understanding should be allowed to be arrived at, or the proposed conduct should be allowed to take place, as the case may be;". 1997 No. 53 TRADE PRACTICES REGULATIONS - NOTE 1 NOTES *1* Notified in the Commonwealth of Australia Gazette on 12 March 1997. 1997 No. 53 TRADE PRACTICES REGULATIONS - NOTE 2 *2* Statutory Rules 1974 No. 170 as amended by 1974 Nos. 175 and 247; 1975 No. 13; 1978 No. 212; 1979 Nos. 1 and 87; 1980 No. 39; 1982 No. 68; 1989 No. 199; 1992 Nos. 71 and 92; 1993 No. 21; 1995 Nos. 248 and 330; 1996 No. 20. - NOTES 1997 No. 53*1* TRADE PRACTICES REGULATIONS*2* (AMENDMENT) - Dated 5 March 1997