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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Price Exploitation Code (New South
Wales) Bill 1999
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 The New Tax System Price Exploitation Code
4 The New Tax System Price Exploitation Code text 5
5 Application of New Tax System Price Exploitation Code 5
6 Future modifications of New Tax System Price
Exploitation Code text 5
7 Interpretation of New Tax System Price Exploitation Code 6
8 Application of New Tax System Price Exploitation Code 7
9 Extraterritorial application 7
Price Exploitation Code (New South Wales) Bill 1999
Contents
Page
Part 3 Citing the New Tax System Price Exploitation Codes
10 Citation of New Tax System Price Exploitation Code of
this jurisdiction 8
11 References to New Tax System Price Exploitation Code 8
12 References to New Tax System Price Exploitation Codes
of other jurisdictions 8
Part 4 Application of New Tax System Price Exploitation Codes
to Crown
13 Application law of this jurisdiction 9
14 Application law of other jurisdictions 9
15 Activities that are not business 9
16 Crown not liable to pecuniary penalty or prosecution 10
17 This Part overrides the prerogative 11
Part 5 National administration and enforcement of New Tax
System Price Exploitation Codes
Division 1 Preliminary
18 Object 12
Division 2 Conferral of functions
19 Conferral of functions and powers on certain bodies 12
20 Conferral of other functions and powers for purposes of
law in this jurisdiction 12
Division 3 Offences
21 Object 13
22 Application of Commonwealth laws to offences against
New Tax System Price Exploitation Code of this
jurisdiction 13
23 Application of Commonwealth laws to offences against
New Tax System Price Exploitation Codes of other
jurisdictions 14
24 Functions and powers conferred on Commonwealth
officers and authorities 14
25 Restriction of functions and powers of officers and
authorities of this jurisdiction 15
Contents page 2
Price Exploitation Code (New South Wales) Bill 1999
Contents
Page
Division 4 Administrative law
26 Definition 15
27 Application of Commonwealth administrative laws to New
Tax System Price Exploitation Code of this jurisdiction 16
28 Application of Commonwealth administrative laws to New
Tax System Price Exploitation Codes of other jurisdictions 16
29 Functions and powers conferred on Commonwealth
officers and authorities 17
30 Restriction of functions and powers of officers and
authorities of this jurisdiction 17
Part 6 Miscellaneous
31 No doubling-up of liabilities 18
32 Things done for multiple purposes 18
33 Reference in Commonwealth law to a provision of another
law 18
34 Fees and other money 19
35 Regulations 19
36 Amendment of other Acts 19
Schedule 1 Amendment of other Acts 20
Contents page 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 1999
New South Wales
Price Exploitation Code (New South
Wales) Bill 1999
Act No , 1999
An Act to apply certain laws of the Commonwealth relating to the New Tax
System Price Exploitation Code as laws of New South Wales; to make related
amendments to other Acts; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Price Exploitation Code (New South Wales) Bill 1999
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Price Exploitation Code (New South Wales) Act 1999.
2 Commencement
This Act commences, or is taken to have commenced, on 10 December
1999.
3 Definitions
(1) In this Act:
application law means:
(a) a law of a participating jurisdiction that applies the New Tax
System Price Exploitation Code, either with or without
modifications, as a law of the participating jurisdiction, or
(b) any regulations or other legislative instrument made under a
law described in paragraph (a), or
(c) the New Tax System Price Exploitation Code, applying as a
law of the participating jurisdiction, either with or without
modifications.
Commission means the Australian Competition and Consumer
Commission established by section 6A of the Trade Practices Act, and
includes a member of the Commission or a Division of the
Commission performing functions of the Commission.
instrument means any document whatever, including:
(a) an Act or an instrument made under an Act, or
(b) a law of this jurisdiction or an instrument made under such a
law, or
(c) an award or other industrial determination or order, or an
industrial agreement, or
(d) any other order (whether executive, judicial or otherwise), or
(e) a notice, certificate or licence, or
Page 2
Price Exploitation Code (New South Wales) Bill 1999 Clause 3
Preliminary Part 1
(f) an agreement, or
(g) an application made, information or complaint laid, affidavit
sworn, or warrant issued, for any purpose, or
(h) an indictment, presentment, summons or writ, or
(i) any other pleading in, or process issued in connection with, a
legal or other proceeding.
jurisdiction means a State.
law, in relation to a Territory, means a law of, or in force in, that
Territory.
modifications includes additions, omissions and substitutions.
month means a period commencing at the beginning of a day of one
of the 12 months of the year and ending immediately before the
beginning of the corresponding day of the next month or, if there is no
such corresponding day, ending at the expiration of the next month.
New Tax System Price Exploitation Code means (according to the
context):
(a) the New Tax System Price Exploitation Code text, or
(b) the New Tax System Price Exploitation Code text, applying as
a law of a participating jurisdiction, either with or without
modifications.
New Tax System Price Exploitation Code text means the text
described in section 4.
officer, in relation to the Commonwealth, has the meaning given in
Part XIAA of the Trade Practices Act.
participating jurisdiction means a jurisdiction that applies the New
Tax System Price Exploitation Code as a law of the jurisdiction, either
with or without modifications.
proclamation means a proclamation of the Governor published in the
Government Gazette of this jurisdiction.
Schedule version of Part VB means the text that is set out in Part 2 of
the Schedule to the Trade Practices Act.
State includes a Territory.
Territory means the Australian Capital Territory or the Northern
Territory of Australia.
this jurisdiction means New South Wales.
Page 3
Clause 3 Price Exploitation Code (New South Wales) Bill 1999
Part 1 Preliminary
Trade Practices Act means the Trade Practices Act 1974 of the
Commonwealth.
(2) If an expression is defined in the Trade Practices Act and is also used
in this Act, the expression as used in this Act has, unless the contrary
intention appears, the same meaning as in that Act.
(3) In this Act, a reference to a Commonwealth Act includes a reference
to:
(a) that Commonwealth Act, as amended and in force for the time
being, and
(b) an Act enacted in substitution for that Act.
Page 4
Price Exploitation Code (New South Wales) Bill 1999 Clause 4
The New Tax System Price Exploitation Code Part 2
Part 2 The New Tax System Price Exploitation Code
4 The New Tax System Price Exploitation Code text
(1) The New Tax System Price Exploitation Code text consists of:
(a) the Schedule version of Part VB, and
(b) the remaining provisions of the Trade Practices Act (except
sections 2A, 5, 6 and 172), so far as they would relate to the
Schedule version if the Schedule version were substituted for
Part VB of that Act, and
(c) the regulations under the Trade Practices Act, so far as they
relate to any provisions covered by paragraph (a) or (b), and
(d) the guidelines under section 75AV of the Trade Practices Act.
(2) For the purpose of forming part of the New Tax System Price
Exploitation Code text:
(a) the provisions referred to in subsection (1) (b), (c) and (d) are
to be modified as necessary to fit in with the Schedule version
of Part VB, and
(b) in particular, references to corporations are to include
references to persons who are not corporations.
5 Application of New Tax System Price Exploitation Code
(1) The New Tax System Price Exploitation Code text, as in force for the
time being, applies as a law of New South Wales.
(2) This section has effect subject to section 6.
6 Future modifications of New Tax System Price Exploitation Code text
(1) A modification made by a Commonwealth law to the New Tax System
Price Exploitation Code text after the commencement of this section:
(a) does not apply under section 5 until at least the end of the
period of 2 months after the date of the modification, unless a
proclamation appoints an earlier date, and
(b) does not apply under that section at all, if the modification is
declared by a proclamation to be excluded from the operation
of that section.
Page 5
Clause 6 Price Exploitation Code (New South Wales) Bill 1999
Part 2 The New Tax System Price Exploitation Code
(2) A proclamation under subsection (1) (a):
(a) cannot appoint any day that is earlier than the date of
publication of the proclamation or that is earlier than the date
on which the modification of the text takes effect, and
(b) is taken in such a case to appoint the date of publication of the
proclamation or the date on which the modification of the text
takes effect, whichever is the later.
(3) A proclamation under subsection (1) (b) has effect only if published
before the end of 2 months after the date of the modification.
(4) Subsection (1) (b) ceases to apply to the modification if a further
proclamation so provides.
(5) For the purposes of this section, the date of the modification is the date
on which the Commonwealth Act effecting the modification receives
the Royal Assent or the regulation effecting the modification is notified
in the Commonwealth of Australia Gazette.
7 Interpretation of New Tax System Price Exploitation Code
(1) The Acts Interpretation Act 1901 of the Commonwealth applies as a
law of this jurisdiction to:
(a) the New Tax System Price Exploitation Code of this
jurisdiction, and
(b) any instrument under that Code.
(2) For the purposes of subsection (1), the Commonwealth Act mentioned
in that subsection applies as if:
(a) the statutory provisions in the New Tax System Price
Exploitation Code of this jurisdiction were a Commonwealth
Act, and
(b) the regulations in the New Tax System Price Exploitation Code
of this jurisdiction or instruments mentioned in that subsection
were regulations or instruments under a Commonwealth Act.
(3) The Interpretation Act 1987 of New South Wales does not apply to:
(a) the New Tax System Price Exploitation Code of New South
Wales, or
(b) any instrument under that Code.
Page 6
Price Exploitation Code (New South Wales) Bill 1999 Clause 8
The New Tax System Price Exploitation Code Part 2
8 Application of New Tax System Price Exploitation Code
The New Tax System Price Exploitation Code of this jurisdiction
applies to and in relation to:
(a) persons carrying on business within this jurisdiction, or
(b) bodies corporate incorporated or registered under the law of this
jurisdiction, or
(c) persons ordinarily resident in this jurisdiction, or
(d) persons otherwise connected with this jurisdiction.
9 Extraterritorial application
Subject to section 8, the New Tax System Price Exploitation Code of
this jurisdiction extends to conduct, and other acts, matters and things,
occurring or existing outside or partly outside this jurisdiction (whether
within or outside Australia).
Page 7
Clause 10 Price Exploitation Code (New South Wales) Bill 1999
Part 3 Citing the New Tax System Price Exploitation Codes
Part 3 Citing the New Tax System Price Exploitation
Codes
10 Citation of New Tax System Price Exploitation Code of this jurisdiction
The New Tax System Price Exploitation Code text applying as a law
of this jurisdiction may be cited as the New Tax System Price
Exploitation Code of New South Wales.
11 References to New Tax System Price Exploitation Code
(1) The object of this section is to help ensure that the New Tax System
Price Exploitation Code of this jurisdiction can operate, in appropriate
circumstances, as if that Code, together with the New Tax System
Price Exploitation Code of each other participating jurisdiction,
constituted a single national New Tax System Price Exploitation Code
applying throughout the participating jurisdictions.
(2) A reference in any instrument to the New Tax System Price
Exploitation Code is a reference to the New Tax System Price
Exploitation Codes of any or all of the participating jurisdictions.
(3) Subsection (2) has effect except so far as the contrary intention appears
in the instrument or the context of the reference otherwise requires.
12 References to New Tax System Price Exploitation Codes of other
jurisdictions
(1) This section has effect for the purposes of an Act, a law of this
jurisdiction or an instrument under an Act or such a law.
(2) If a law of a participating jurisdiction other than this jurisdiction
provides that the New Tax System Price Exploitation Code text as in
force for the time being applies as a law of that jurisdiction, the New
Tax System Price Exploitation Code of that jurisdiction is the New
Tax System Price Exploitation Code text, applying as a law of that
jurisdiction.
Page 8
Price Exploitation Code (New South Wales) Bill 1999 Clause 13
Application of New Tax System Price Exploitation Codes to Crown Part 4
Part 4 Application of New Tax System Price Exploitation
Codes to Crown
13 Application law of this jurisdiction
The application law of this jurisdiction binds (so far as the legislative
power of Parliament permits) the Crown in right of this jurisdiction
and of each other jurisdiction, so far as the Crown carries on a
business, either directly or by an authority of the jurisdiction
concerned.
14 Application law of other jurisdictions
The application law of each participating jurisdiction other than this
jurisdiction binds the Crown in right of this jurisdiction, so far as the
Crown carries on a business, either directly or by an authority of this
jurisdiction.
15 Activities that are not business
(1) For the purposes of sections 13 and 14, the following do not amount
to carrying on a business:
(a) imposing or collecting:
(i) taxes, or
(ii) levies, or
(iii) fees for licences,
(b) granting, refusing to grant, revoking, suspending or varying
licences (whether or not they are subject to conditions),
(c) a transaction involving:
(i) only persons who are all acting for the Crown in the
same right (and none of whom is an authority of a
State), or
(ii) only persons who are all acting for the same authority of
a State, or
(iii) only the Crown in right of a State and one or more
non-commercial authorities of that State, or
(iv) only non-commercial authorities of the same State,
(d) the acquisition of primary products by a government body
under legislation, unless the acquisition occurs because:
(i) the body chooses to acquire the products, or
Page 9
Clause 15 Price Exploitation Code (New South Wales) Bill 1999
Part 4 Application of New Tax System Price Exploitation Codes to Crown
(ii) the body has not exercised a discretion that it has under
the legislation that would allow it not to acquire the
products.
(2) Subsection (1) does not limit the things that do not amount to carrying
on a business for the purposes of sections 13 and 14.
(3) In this section:
acquisition of primary products by a government body under
legislation includes vesting of ownership of primary products in a
government body by legislation.
government body means a State or an authority of a State.
licence means a licence that allows the licensee to supply goods or
services.
primary products means:
(a) agricultural or horticultural produce, or
(b) crops, whether on or attached to the land or not, or
(c) animals (whether dead or alive), or
(d) the bodily produce (including natural increase) of animals.
(4) For the purposes of this section, an authority of a State is
non-commercial if:
(a) it is constituted by only one person, and
(b) it is neither a trading corporation nor a financial corporation.
16 Crown not liable to pecuniary penalty or prosecution
(1) Nothing in the application law of this jurisdiction makes the Crown in
any capacity liable to a pecuniary penalty or to be prosecuted for an
offence.
(2) Without limiting subsection (1), nothing in the application law of a
participating jurisdiction makes the Crown in right of this jurisdiction
liable to a pecuniary penalty or to be prosecuted for an offence.
(3) The protection in subsection (1) or (2) does not apply to an authority
of any jurisdiction.
Page 10
Price Exploitation Code (New South Wales) Bill 1999 Clause 17
Application of New Tax System Price Exploitation Codes to Crown Part 4
17 This Part overrides the prerogative
If, because of this Part, a provision of the law of another participating
jurisdiction binds the Crown in right of this jurisdiction, the Crown in
that right is subject to that provision despite any prerogative right or
privilege.
Page 11
Clause 18 Price Exploitation Code (New South Wales) Bill 1999
Part 5 National administration and enforcement of New Tax System Price
Exploitation Codes
Division 1 Preliminary
Part 5 National administration and enforcement of New
Tax System Price Exploitation Codes
Division 1 Preliminary
18 Object
The object of this Part is to help ensure that the New Tax System Price
Exploitation Codes of the participating jurisdictions are administered
on a uniform basis, in the same way as if those Codes constituted a
single law of the Commonwealth.
Division 2 Conferral of functions
19 Conferral of functions and powers on certain bodies
(1) The authorities and officers of the Commonwealth referred to in the
New Tax System Price Exploitation Code of this jurisdiction,
including (but not limited to) the Commission, have the functions and
powers conferred or expressed to be conferred on them respectively
under the New Tax System Price Exploitation Code of this
jurisdiction.
(2) In addition to the powers mentioned in subsection (1), the authorities
and officers referred to in that subsection have power to do all things
necessary or convenient to be done in connection with the performance
of the functions and exercise of the powers referred to in that
subsection.
20 Conferral of other functions and powers for purposes of law in this
jurisdiction
The Commission has power to do acts in this jurisdiction in the
performance or exercise of any function or power expressed to be
conferred on it by the New Tax System Price Exploitation Code of
another participating jurisdiction.
Page 12
Price Exploitation Code (New South Wales) Bill 1999 Clause 21
National administration and enforcement of New Tax System Price Part 5
Exploitation Codes
Offences Division 3
Division 3 Offences
21 Object
(1) The object of this Division is to further the object of this Part by
providing:
(a) for an offence against the New Tax System Price Exploitation
Code of this jurisdiction to be treated as if it were an offence
against a law of the Commonwealth, and
(b) for an offence against the New Tax System Price Exploitation
Code of another participating jurisdiction to be treated in this
jurisdiction as if it were an offence against a law of the
Commonwealth.
(2) The purposes for which an offence is to be treated as mentioned in
subsection (1) include, for example (but without limitation):
(a) the investigation and prosecution of offences, and
(b) the arrest, custody, bail, trial and conviction of offenders or
persons charged with offences, and
(c) proceedings relating to a matter referred to in paragraph (a) or
(b), and
(d) appeals and reviews relating to criminal proceedings and to
proceedings of the kind referred to in paragraph (c), and
(e) the sentencing, punishment and release of persons convicted of
offences, and
(f) fines, penalties and forfeitures, and
(g) liability to make reparation in connection with offences, and
(h) proceeds of crime, and
(i) spent convictions.
22 Application of Commonwealth laws to offences against New Tax
System Price Exploitation Code of this jurisdiction
(1) The Commonwealth laws apply as laws of this jurisdiction in relation
to an offence against the New Tax System Price Exploitation Code of
this jurisdiction as if that Code were a law of the Commonwealth and
not a law of this jurisdiction.
Page 13
Clause 22 Price Exploitation Code (New South Wales) Bill 1999
Part 5 National administration and enforcement of New Tax System Price
Exploitation Codes
Division 3 Offences
(2) For the purposes of a law of this jurisdiction, an offence against the
New Tax System Price Exploitation Code of this jurisdiction:
(a) is taken to be an offence against the laws of the
Commonwealth, in the same way as if that Code were a law of
the Commonwealth, and
(b) is taken not to be an offence against the laws of this
jurisdiction.
(3) Subsection (2) has effect for the purposes of a law of this jurisdiction
except as prescribed by regulations under this Act.
23 Application of Commonwealth laws to offences against New Tax
System Price Exploitation Codes of other jurisdictions
(1) The Commonwealth laws apply as laws of this jurisdiction in relation
to an offence against the New Tax System Price Exploitation Code of
another participating jurisdiction as if that Code were a law of the
Commonwealth and not a law of that other jurisdiction.
(2) For the purposes of a law of this jurisdiction, an offence against the
New Tax System Price Exploitation Code of another participating
jurisdiction:
(a) is taken to be an offence against the laws of the
Commonwealth, in the same way as if that Code were a law of
the Commonwealth, and
(b) is taken not to be an offence against the laws of that
jurisdiction.
(3) Subsection (2) has effect for the purposes of a law of this jurisdiction
except as prescribed by regulations under this Act.
(4) This section does not require, prohibit, empower, authorise or
otherwise provide for, the doing of an act outside this jurisdiction.
24 Functions and powers conferred on Commonwealth officers and
authorities
(1) A Commonwealth law applying because of section 22 that confers on
a Commonwealth officer or authority a function or power in relation
to an offence against the Trade Practices Act also confers on the officer
or authority the same function or power in relation to an offence
against the corresponding provision of the New Tax System Price
Exploitation Code of this jurisdiction.
Page 14
Price Exploitation Code (New South Wales) Bill 1999 Clause 24
National administration and enforcement of New Tax System Price Part 5
Exploitation Codes
Offences Division 3
(2) A Commonwealth law applying because of section 23 that confers on
a Commonwealth officer or authority a function or power in relation
to an offence against the Trade Practices Act also confers on the officer
or authority the same function or power in relation to an offence
against the corresponding provision of the New Tax System Price
Exploitation Code of another participating jurisdiction.
(3) The function or power referred to in subsection (2) may only be
performed or exercised in this jurisdiction.
(4) In performing a function or exercising a power conferred by subsection
(1) or (2), the Commonwealth officer or authority must act as nearly
as practicable as the officer or authority would act in performing or
exercising the same function or power in relation to an offence against
the corresponding provision of the Trade Practices Act.
25 Restriction of functions and powers of officers and authorities of this
jurisdiction
Where, by reason of this Division, a function or power is conferred on
a Commonwealth officer or authority, that function or power may not
be performed or exercised by an officer or authority of this jurisdiction.
Division 4 Administrative law
26 Definition
In this Division:
Commonwealth administrative laws means:
(a) the following Acts:
(i) the Administrative Appeals Tribunal Act 1975 of the
Commonwealth,
(ii) the Freedom of Information Act 1982 of the
Commonwealth,
(iii) the Ombudsman Act 1976 of the Commonwealth,
(iv) the Privacy Act 1988 of the Commonwealth, and
(b) the regulations in force under those Acts.
Page 15
Clause 27 Price Exploitation Code (New South Wales) Bill 1999
Part 5 National administration and enforcement of New Tax System Price
Exploitation Codes
Division 4 Administrative law
27 Application of Commonwealth administrative laws to New Tax System
Price Exploitation Code of this jurisdiction
(1) The Commonwealth administrative laws apply as laws of this
jurisdiction to any matter arising in relation to the New Tax System
Price Exploitation Code of this jurisdiction as if that Code were a law
of the Commonwealth and not a law of this jurisdiction.
(2) For the purposes of a law of this jurisdiction, a matter arising in
relation to the New Tax System Price Exploitation Code of this
jurisdiction:
(a) is taken to be a matter arising in relation to laws of the
Commonwealth in the same way as if that Code were a law of
the Commonwealth, and
(b) is taken not to be a matter arising in relation to laws of this
jurisdiction.
(3) Subsection (2) has effect for the purposes of a law of this jurisdiction
except as prescribed by regulations under this Act.
(4) Any provision of a Commonwealth administrative law applying
because of this section that purports to confer jurisdiction on a federal
court is taken not to have that effect.
28 Application of Commonwealth administrative laws to New Tax System
Price Exploitation Codes of other jurisdictions
(1) The Commonwealth administrative laws apply as laws of this
jurisdiction to any matter arising in relation to the New Tax System
Price Exploitation Code of another participating jurisdiction as if that
Code were a law of the Commonwealth and not a law of that
jurisdiction.
(2) For the purposes of a law of this jurisdiction, a matter arising in
relation to the New Tax System Price Exploitation Code of another
participating jurisdiction:
(a) is taken to be a matter arising in relation to laws of the
Commonwealth in the same way as if that Code were a law of
the Commonwealth, and
(b) is taken not to be a matter arising in relation to laws of that
jurisdiction.
(3) Subsection (2) has effect for the purposes of a law of this jurisdiction
except as prescribed by regulations under this Act.
Page 16
Price Exploitation Code (New South Wales) Bill 1999 Clause 28
National administration and enforcement of New Tax System Price Part 5
Exploitation Codes
Administrative law Division 4
(4) Any provision of a Commonwealth administrative law applying
because of this section that purports to confer jurisdiction on a federal
court is taken not to have that effect.
(5) This section does not require, prohibit, empower, authorise or
otherwise provide for, the doing of an act outside this jurisdiction.
29 Functions and powers conferred on Commonwealth officers and
authorities
(1) A Commonwealth administrative law applying because of section 27
that confers on a Commonwealth officer or authority a function or
power also confers on the officer or authority the same function or
power in relation to a matter arising in relation to the New Tax System
Price Exploitation Code of this jurisdiction.
(2) A Commonwealth administrative law applying because of section 28
that confers on a Commonwealth officer or authority a function or
power also confers on the officer or authority the same function or
power in relation to a matter arising in relation to the New Tax System
Price Exploitation Code of another participating jurisdiction.
(3) The function or power referred to in subsection (2) may only be
performed or exercised in this jurisdiction.
(4) In performing a function or exercising a power conferred by subsection
(1) or (2), the Commonwealth officer or authority must act as nearly
as practicable as the officer or authority would act in performing or
exercising the same function or power under the Commonwealth
administrative law.
30 Restriction of functions and powers of officers and authorities of this
jurisdiction
Where, by reason of this Division, a function or power is conferred on
a Commonwealth officer or authority, that function or power may not
be performed or exercised by an officer or authority of this jurisdiction.
Page 17
Clause 31 Price Exploitation Code (New South Wales) Bill 1999
Part 6 Miscellaneous
Part 6 Miscellaneous
31 No doubling-up of liabilities
(1) If:
(a) an act or omission is an offence against the New Tax System
Price Exploitation Code of this jurisdiction and is also an
offence against the Trade Practices Act or an application law of
another participating jurisdiction, and
(b) the offender has been punished for the offence under the Trade
Practices Act or the application law of the other jurisdiction,
the offender is not liable to be punished for the offence against the
New Tax System Price Exploitation Code of this jurisdiction.
(2) If a person has been ordered to pay a pecuniary penalty under the
Trade Practices Act or the application law of another participating
jurisdiction, the person is not liable to a pecuniary penalty under the
New Tax System Price Exploitation Code of this jurisdiction in respect
of the same conduct.
32 Things done for multiple purposes
The validity of an authorisation, notification or any other thing given
or done for the purposes of the New Tax System Price Exploitation
Code of this jurisdiction is not affected only because it was given or
done also for the purposes of the Trade Practices Act or the New Tax
System Price Exploitation Code of one or more other jurisdictions.
33 Reference in Commonwealth law to a provision of another law
For the purposes of section 22, 23, 27 or 28, a reference in a
Commonwealth law to a provision of that or another Commonwealth
law is taken to be a reference to that provision as applying because of
that section.
Page 18
Price Exploitation Code (New South Wales) Bill 1999 Clause 34
Miscellaneous Part 6
34 Fees and other money
(1) All fees, taxes, penalties (including pecuniary penalties referred to in
section 76 of the New Tax System Price Exploitation Code), fines and
other money that, under the application law of this jurisdiction, are
authorised or directed to be payable by or imposed on any person (but
not including an amount ordered to be refunded to another person)
must be paid to the Commonwealth.
(2) This subsection imposes the fees (including fees that are taxes) that the
regulations in the New Tax System Price Exploitation Code of this
jurisdiction prescribe.
35 Regulations
The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
36 Amendment of other Acts
Each Act listed in Schedule 1 is amended as set out in that Schedule.
Page 19
Price Exploitation Code (New South Wales) Bill 1999
Schedule 1 Amendment of other Acts
Schedule 1 Amendment of other Acts
(Section 36)
1.1 Competition Policy Reform (New South Wales) Act 1995 No 8
Section 3 Definitions
Insert "Part 1 of" after "set out in" in the definition of Schedule version of
Part IV in section 3 (1).
1.2 Federal Courts (State Jurisdiction) Act 1999 No 22
[1] Section 3 Definitions
Insert after paragraph (h) of the definition of relevant State Act in section
3 (1):
(h1) Price Exploitation Code (New South Wales) Act 1999
[2] Section 17
Insert after section 16:
17 Jurisdiction of courts
(1) Any provision of a relevant State law that purports to confer
jurisdiction on a federal court is taken not to have that effect.
(2) Any provision of a law applied by a relevant State Act that
excludes or limits the jurisdiction of any or all State courts is
taken not to have that effect.
(3) This section does not operate:
(a) so as to prevent a federal court from exercising
jurisdiction (such as accrued jurisdiction) in connection
with a relevant State law to the extent to which, but for
subsection (1), that court could validly do so, or
Page 20
Price Exploitation Code (New South Wales) Bill 1999
Schedule 1
Amendment of other Acts
(b) so as to prevent a relevant State law from conferring
jurisdiction on a federal court to the extent to which, but
for subsection (1), a State Act could validly do so.
(4) Nothing in this section limits section 16.
(5) In this section, relevant State law means a relevant State Act,
or a law as applied by a relevant State Act, and includes a
Commonwealth administrative law.
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