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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
New Tax System Price Exploitation Code (Victoria)
Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
3. Definitions 2
PART 2--THE NEW TAX SYSTEM PRICE EXPLOITATION
CODE 6
4. The New Tax System Price Exploitation Code text 6
5. Application of New Tax System Price Exploitation Code 6
6. Future modifications of New Tax System Price Exploitation
Code text 7
7. Interpretation of New Tax System Price Exploitation Code 8
8. Application of New Tax System Price Exploitation Code 8
9. Extraterritorial application 9
PART 3--CITING THE NEW TAX SYSTEM PRICE
EXPLOITATION CODES 10
10. Citation of New Tax System Price Exploitation Code of this
jurisdiction 10
11. References to New Tax System Price Exploitation Code 10
12. References to New Tax System Price Exploitation Codes of
other jurisdictions 10
PART 4--APPLICATION OF NEW TAX SYSTEM PRICE
EXPLOITATION CODES TO CROWN 12
13. Application law of this jurisdiction 12
14. Application law of other jurisdictions 12
15. Activities that are not business 12
16. Crown not liable to pecuniary penalty or prosecution 14
17. This Part overrides the prerogative 14
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Clause Page
PART 5--NATIONAL ADMINISTRATION AND
ENFORCEMENT OF NEW TAX SYSTEM PRICE
EXPLOITATION CODES 15
Division 1--Preliminary 15
18. Object 15
Division 2--Conferral of functions 15
19. Conferral of functions and powers on certain bodies 15
20. Conferral of other functions and powers for purposes of law in
this jurisdiction 15
Division 3--Jurisdiction of courts 16
21. Jurisdiction of Federal Court 16
22. Jurisdiction of courts of this jurisdiction 16
23. Exercise of jurisdiction under cross-vesting provisions 16
Division 4--Offences 16
24. Object 16
25. Application of Commonwealth laws to offences against New
Tax System Price Exploitation Code of this jurisdiction 17
26. Application of Commonwealth laws to offences against New
Tax System Price Exploitation Codes of other jurisdictions 18
27. Functions and powers conferred on Commonwealth officers
and authorities 18
28. Restriction of functions and powers of officers and authorities
of this jurisdiction 19
Division 5--Administrative law 20
29. Definition 20
30. Application of Commonwealth administrative laws to New
Tax System Price Exploitation Code of this jurisdiction 20
31. Application of Commonwealth administrative laws to New
Tax System Price Exploitation Codes of other jurisdictions 21
32. Functions and powers conferred on Commonwealth officers
and authorities 22
33. Restriction of functions and powers of officers and authorities
of this jurisdiction 22
PART 6--MISCELLANEOUS 23
34. No doubling-up of liabilities 23
35. Things done for multiple purposes 23
36. Reference in Commonwealth law to a provision of another law 24
37. Fees and other money 24
38. Supreme Court--limitation of jurisdiction 24
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Clause Page
39. Regulations 24
PART 7--CONSEQUENTIAL AMENDMENT 25
40. Competition Policy Reform (Victoria) Act 1995 25
NOTES 26
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s. 2
PARLIAMENT OF VICTORIA
A BILL
to apply certain laws of the Commonwealth relating to the New Tax
System Price Exploitation Code as laws of Victoria, to make a
consequential amendment to the Competition Policy Reform
(Victoria) Act 1995 and for other purposes.
New Tax System Price Exploitation
Code (Victoria) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to apply the New Tax
System Price Exploitation Code of the
5 Commonwealth as a law of Victoria.
2. Commencement
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(1) Part 1 comes into operation on the day on which
this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on a day to be proclaimed, being a day
5 on or after the day on which the A New Tax
System (Trade Practices Amendment) Act 1999 of
the Commonwealth commences.
3. Definitions
(1) In this Act--
10 "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
15 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
20 Code, applying as a law of the
participating jurisdiction, either with or
without modifications;
"Commission" means the Australian
Competition and Consumer Commission
25 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;
30 "instrument" means any document whatever,
including--
(a) an Act or an instrument made under an
Act; or
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(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
5 agreement; or
(d) any other order (whether executive,
judicial or otherwise); or
(e) a notice, certificate or licence; or
(f) an agreement; or
10 (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
15 (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,
20 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
25 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;
30 "New Tax System Price Exploitation Code"
means (according to the context)--
(a) the New Tax System Price Exploitation
Code text; or
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(b) the New Tax System Price Exploitation
Code text, applying as a law of a
participating jurisdiction, either with or
without modifications;
5 "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;
10 "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;
15 "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
20 Territory or the Northern Territory of
Australia;
"this jurisdiction" means Victoria;
"Trade Practices Act" means the Trade
Practices Act 1974 of the Commonwealth.
25 (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
30 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.
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_______________
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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
5 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
10 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
15 (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 sub-section
20 (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
25 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
30 law of Victoria.
(2) This section has effect subject to section 6.
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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
5 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 the Governor
in Council, by Order published in the
10 Government Gazette, appoints an earlier
date; and
(b) does not apply under that section at all, if the
modification is declared by Order of the
Governor in Council published in the
15 Government Gazette to be excluded from the
operation of that section.
(2) An Order under sub-section (1)(a)--
(a) cannot appoint any day that is earlier than
the date of publication or notification of the
20 Order 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 or notification of the Order or the
25 date on which the modification of the text
takes effect, whichever is the later.
(3) An Order under sub-section (1)(b) has effect only
if published or notified before the end of 2 months
after the date of the modification.
30 (4) Sub-section (1)(b) ceases to apply to the
modification if a further Order 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
35 receives the Royal Assent or the regulation
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effecting the modification is notified in the
Commonwealth of Australia Gazette.
7. Interpretation of New Tax System Price Exploitation
Code
5 (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
10 (b) any instrument under that Code.
(2) For the purposes of sub-section (1), the
Commonwealth Act mentioned in that sub-section
applies as if--
(a) the statutory provisions in the New Tax
15 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 sub-section
20 were regulations or instruments under a
Commonwealth Act.
(3) The Interpretation of Legislation Act 1984 does
not apply to--
(a) the New Tax System Price Exploitation
25 Code of Victoria; or
(b) any instrument under that Code.
8. Application of New Tax System Price Exploitation
Code
The New Tax System Price Exploitation Code of
30 this jurisdiction applies to and in relation to--
(a) persons carrying on business within this
jurisdiction; or
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(b) bodies corporate incorporated or registered
under the law of this jurisdiction; or
(c) persons ordinarily resident in this
jurisdiction; or
5 (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
10 conduct, and other acts, matters and things,
occurring or existing outside or partly outside this
jurisdiction (whether within or outside Australia).
_______________
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PART 3--CITING THE NEW TAX SYSTEM PRICE
EXPLOITATION CODES
10. Citation of New Tax System Price Exploitation Code
of this jurisdiction
5 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 Victoria.
11. References to New Tax System Price Exploitation
10 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
15 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.
20 (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) Sub-section (2) has effect except so far as the
25 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,
30 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
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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
5 Tax System Price Exploitation Code text,
applying as a law of that jurisdiction.
_______________
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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
5 far as the legislative power of the 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.
10 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
15 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--
20 (a) imposing or collecting--
(i) taxes; or
(ii) levies; or
(iii) fees for licences;
(b) granting, refusing to grant, revoking,
25 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
30 whom is an authority of a State); or
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(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
5 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
10 the acquisition occurs because--
(i) the body chooses to acquire the
products; or
(ii) the body has not exercised a discretion
that it has under the legislation that
15 would allow it not to acquire the
products.
(2) Sub-section (1) does not limit the things that do
not amount to carrying on a business for the
purposes of sections 13 and 14.
20 (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
25 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;
30 "primary products" means--
(a) agricultural or horticultural produce; or
(b) crops, whether on or attached to the
land or not; or
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(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
5 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
10 (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 sub-section (1), nothing in the
15 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 sub-section (1) or (2) does not
20 apply to an authority of any jurisdiction.
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
25 is subject to that provision despite any prerogative
right or privilege.
_______________
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PART 5--NATIONAL ADMINISTRATION AND
ENFORCEMENT OF NEW TAX SYSTEM PRICE
EXPLOITATION CODES
Division 1--Preliminary
5 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
10 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
15 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
20 jurisdiction.
(2) In addition to the powers mentioned in sub-
section (1), the authorities and officers referred to
in that sub-section have power to do all things
necessary or convenient to be done in connection
25 with the performance of the functions and exercise
of the powers referred to in that sub-section.
20. Conferral of other functions and powers for purposes
of law in this jurisdiction
The Commission has power to do acts in this
30 jurisdiction in the performance or exercise of any
function or power expressed to be conferred on it
15
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by the New Tax System Price Exploitation Code
of another participating jurisdiction.
Division 3--Jurisdiction of courts
21. Jurisdiction of Federal Court
5 Jurisdiction is conferred on the Federal Court of
Australia with respect to all civil and criminal
matters arising under the New Tax System Price
Exploitation Code of this jurisdiction.
22. Jurisdiction of courts of this jurisdiction
10 Subject to section 23, the courts of this
jurisdiction do not have jurisdiction with respect
to the matters referred to in section 21.
23. Exercise of jurisdiction under cross-vesting provisions
This Part does not affect the operation of any law
15 of this jurisdiction relating to cross-vesting of
jurisdiction.
Division 4--Offences
24. Object
(1) The object of this Division is to further the object
20 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
25 (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.
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(2) The purposes for which an offence is to be treated
as mentioned in sub-section (1) include, for
example (but without limitation)--
(a) the investigation and prosecution of
5 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
10 paragraph (a) or (b); and
(d) appeals and review relating to criminal
proceedings and to proceedings of the kind
referred to in paragraph (c); and
(e) the sentencing, punishment and release of
15 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
20 (i) spent convictions.
25. 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
25 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.
(2) For the purposes of a law of this jurisdiction, an
30 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
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27
Act No.
that Code were a law of the Commonwealth;
and
(b) is taken not to be an offence against the laws
of this jurisdiction.
5 (3) Sub-section (2) has effect for the purposes of a
law of this jurisdiction except as prescribed by
regulations under this Act.
26. Application of Commonwealth laws to offences
against New Tax System Price Exploitation Codes of
10 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
15 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
20 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
25 (b) is taken not to be an offence against the laws
of that jurisdiction.
(3) Sub-section (2) has effect for the purposes of a
law of this jurisdiction except as prescribed by
regulations under this Act.
30 (4) This section does not require, prohibit, empower,
authorise or otherwise provide for, the doing of an
act outside this jurisdiction.
27. Functions and powers conferred on Commonwealth
officers and authorities
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(1) A Commonwealth law applying because of
section 25 that confers on a Commonwealth
officer or authority a function or power in relation
to an offence against the Trade Practices Act also
5 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.
10 (2) A Commonwealth law applying because of
section 26 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
15 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 sub-section
20 (2) may only be performed or exercised in this
jurisdiction.
(4) In performing a function or exercising a power
conferred by sub-section (1) or (2), the
Commonwealth officer or authority must act as
25 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.
30 28. 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
35 performed or exercised by an officer or authority
of this jurisdiction.
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Division 5--Administrative law
29. Definition
In this Division--
"Commonwealth administrative laws" means--
5 (a) the following Acts--
(i) the Administrative Appeals
Tribunal Act 1975 of the
Commonwealth;
(ii) the Administrative Decisions
10 (Judicial Review) Act 1977 of the
Commonwealth;
(iii) the Freedom of Information Act
1982 of the Commonwealth;
(iv) the Ombudsman Act 1976 of the
15 Commonwealth;
(v) the Privacy Act 1988 of the
Commonwealth; and
(b) the regulations in force under those
Acts.
20 30. 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
25 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
30 matter arising in relation to the New Tax System
Price Exploitation Code of this jurisdiction--
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(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
5 (b) is taken not to be a matter arising in relation
to laws of this jurisdiction.
(3) Sub-section (2) has effect for the purposes of a
law of this jurisdiction except as prescribed by
regulations under this Act.
10 31. 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
15 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
20 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
25 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) Sub-section (2) has effect for the purposes of a
30 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.
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32. Functions and powers conferred on Commonwealth
officers and authorities
(1) A Commonwealth administrative law applying
because of section 30 that confers on a
5 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.
10 (2) A Commonwealth administrative law applying
because of section 31 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
15 arising in relation to the New Tax System Price
Exploitation Code of another participating
jurisdiction.
(3) The function or power referred to in sub-section
(2) may only be performed or exercised in this
20 jurisdiction.
(4) In performing a function or exercising a power
conferred by sub-section (1) or (2), the
Commonwealth officer or authority must act as
nearly as practicable as the officer or authority
25 would act in performing or exercising the same
function or power under the Commonwealth
administrative law.
33. Restriction of functions and powers of officers and
authorities of this jurisdiction
30 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.
35 _______________
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s. 34
Act No.
PART 6--MISCELLANEOUS
34. No doubling-up of liabilities
(1) If--
(a) an act or omission is an offence against the
5 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
10 (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
15 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
20 penalty under the New Tax System Price
Exploitation Code of this jurisdiction in respect of
the same conduct.
35. Things done for multiple purposes
The validity of an authorisation, notification or
25 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
30 Exploitation Code of one or more other
jurisdictions.
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New Tax System Price Exploitation Code (Victoria) Act 1999
s. 36
Act No.
36. Reference in Commonwealth law to a provision of
another law
For the purposes of section 25, 26, 30 or 31, a
reference in a Commonwealth law to a provision
5 of that or another Commonwealth law is taken to
be a reference to that provision as applying
because of that section.
37. Fees and other money
(1) All fees, taxes, penalties (including pecuniary
10 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
15 including an amount ordered to be refunded by a
person to another person) must be paid to the
Commonwealth.
(2) This sub-section imposes the fees (including fees
that are taxes) that the regulations in the New Tax
20 System Price Exploitation Code of this
jurisdiction prescribe.
38. Supreme Court--limitation of jurisdiction
It is the intention of Division 3 of Part 5 to alter or
vary section 85 of the Constitution Act 1975.
25 39. Regulations
The Governor in Council 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
30 convenient to be prescribed for carrying out or
giving effect to this Act.
_______________
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New Tax System Price Exploitation Code (Victoria) Act 1999
s. 40
Act No.
PART 7--CONSEQUENTIAL AMENDMENT
40. Competition Policy Reform (Victoria) Act 1995
In section 3(1) of the Competition Policy
Reform (Victoria) Act 1995, in the definition of
5 "Schedule version of Part IV", for "the Schedule"
substitute "Part 1 of the Schedule".
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New Tax System Price Exploitation Code (Victoria) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
26
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New Tax System Price Exploitation Code (Victoria) Act 1999
Act No.
27
532182B.I1-20/4/99
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