Victorian Consolidated Legislation

Competition Policy Reform (Victoria) Act 1995 - SECT 3

Definitions

3. Definitions



(1) In this Act-

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;

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 Victoria;

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.

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