New South Wales Consolidated Acts

COMPETITION POLICY REFORM (NEW SOUTH WALES) ACT 1995 - SECT 3

3 Definitions

(1) In this Act, unless the contrary intention appears:
"application law" means:

(a) a law of a participating jurisdiction that applies the Competition 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 Competition 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.
"Competition Code" means (according to the context):

(a) the Competition Code text, or

(b) the Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications.

"Competition Code text" means the text described in section 4.
"Conduct Code Agreement" means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being.
"Council" means the National Competition Council established by section 29A of the Trade Practices Act.
"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

(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.
"officer", in relation to the Commonwealth, has the meaning given in Part XIA of the Trade Practices Act.
"participating jurisdiction" means a jurisdiction that is a party to the Conduct Code Agreement and applies the Competition 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 IV" means the text that is set out in Part 1 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.
"Trade Practices Act" means the Trade Practices Act 1974 of the Commonwealth.
"Tribunal" means the Australian Competition Tribunal referred to in the Trade Practices Act, and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.

(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.