Victorian Consolidated Legislation

Competition Policy Reform (Victoria) Act 1995 - SECT 8

Application of Competition Code

8. Application of Competition Code



(1) The Competition 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.







(2) Subject to subsection (1), the Competition 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).

(3) Where a claim under section 82 of the Competition Code of this
jurisdiction is made in a proceeding, a person is not entitled to rely at a
hearing in respect of that proceeding on conduct to which a provision of the
Code extends occurring outside Australia except with the consent in writing of
the Commonwealth Minister.

(4) A person other than the Commonwealth Minister or the Commission is not
entitled to make an application to the Court for an order under section 87(1)
or (1A) of the Competition Code of this jurisdiction in a proceeding in
respect of conduct to which a provision of the Code extends occurring outside
Australia except with the consent in writing of the Commonwealth Minister.

(5) The Commonwealth Minister is required to give a consent under subsection
(3) or (4) in respect of a proceeding unless, in the opinion of the
Commonwealth Minister-

   (a)  the law of the country in which the conduct concerned was engaged in
        required or specifically authorised the engaging in of the conduct;
        and

   (b)  it is not in the national interest that the consent be given.

(6) In this section-

Commonwealth Minister means a Minister of State for the Commonwealth
administering Part IV of the Trade Practices Act.