South Australian Consolidated Acts South Australian Consolidated Acts (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 South Australia;
"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.