Competition Policy Reform Act 1995

Administered by Department of the Treasury

Legislation au C2004A04938 In force Act

Legislation content

Competition Policy Reform Act 1995

No. 88 of 1995

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title etc.

2. Commencement

PART 2—AMENDMENTS COMMENCING AT THE FIRST COMMENCEMENT TIME

Division 1—Amendments

3. Insertion of new section:

2. Object of this Act


TABLE OF PROVISIONS—continued

Section

4. Interpretation

5. Acquisition, supply and re-supply

6. Extended application of Parts IV, IVA and V

7. Associate members

8. Insertion of new sections:

43A. Counsel assisting Tribunal

43B. Consultants

9. Contracts, arrangements or understandings that restrict dealings or affect competition

10. Contracts, arrangements or understandings in relation to prices

11. Covenants affecting competition

12. Covenants in relation to prices

13. Exclusive dealing

14. Price discrimination

15. Exceptions

16. Power of Commission to grant authorisations

17. Determination of applications for authorisations

18. Notification of exclusive dealing

19. Commission to afford opportunity for conference before giving notice in relation to exclusive dealing

20. Register of notifications

21. Insertion of new section:

96A. Resale price maintenance in relation to services

22. Application for review of notice under subsection 93(3) or (3A)

23. Functions and powers of Tribunal

24. Regulations as to certain matters

25. Participants in proceedings before Tribunal

26. Insertion of new Part:

PART XIA—THE COMPETITION CODE

150A. Definitions

150B. Objects of this Part

150C. The Competition Code

150D. Federal Court may exercise jurisdiction under application laws

150E. Exercise of jurisdiction under cross-vesting provisions

150F. Application laws may confer functions on Commonwealth authorities and officers

150G. Application laws may operate concurrently with this Act

150H. No doubling-up of liabilities

150I. References in instruments to the Competition Code

150J. Authorisations etc. under this Act may relate also to Competition Code

150K. Gazettal of jurisdictions that excessively modify the Code

27. Power to obtain information, documents and evidence

28. Protection of members of Tribunal, counsel and witnesses

29. Annual report by Commission

30. Regulations

31. Addition of Schedule

32. Other amendments

Division 2—Transitional rules

33. Transitional rule for changes to section 51 exceptions

34. Existing contracts not affected by amendments


TABLE OF PROVISIONS—continued

Section

PART 3—AMENDMENTS COMMENCING AT THE SECOND COMMENCEMENT TIME

Division 1—Amendments

35. Application of Act to Commonwealth and Commonwealth authorities

36. Interpretation

37. Extended application of Parts IV, IVA and V

38. Heading to Part II

39. Establishment of Commission

40. Constitution of Commission

41. Terms and conditions of appointment

42. Associate members

43. Deputy Chairperson

44. Acting Chairperson

45. Termination of appointment of members of the Commission

46. Arrangement of business

47. Disclosure of interests by members

48. Meetings of Commission

49. Chairperson may direct Commission to sit in Divisions

50. Insertion of new section:

20. Part XI of the Audit Act not to apply to Commission

51. Staff of Commission

52. Insertion of new section:

27A. Consultants

53. Functions of Commission in relation to dissemination of information, law reform and research

54. Commission to comply with directions of Minister and requirements of the Parliament

55. Insertion of new Part:

PART IIA—THE NATIONAL COMPETITION COUNCIL

29A. Establishment of…

Overview

The Competition Policy Reform Act 1995, enacted by the Parliament of Australia, was introduced to enhance the welfare of Australians through the promotion of competition and fair trading, as well as providing for consumer protection. This Act amends the Trade Practices Act 1974 and the Prices Surveillance Act 1983 and includes various provisions for regulating anti-competitive practices and ensuring fair access to services. One of the primary policy objectives of the Act is to facilitate the application of the Competition Code by participating States and Territories and to allow the Federal Court to exercise jurisdiction under application laws with respect to matters arising under the Competition Code. The Act also introduces measures to prevent and remedy anti-competitive practices, such as prohibiting certain contracts and arrangements that substantially lessen competition, and to establish a regime for access to declared services, ensuring that third parties have fair access to services provided by corporations or other entities, particularly in the context of constitutional trade or commerce. Furthermore, the Act includes provisions for the establishment of the Australian Competition and Consumer Commission and the National Competition Council, which are tasked with enforcing competition laws and providing advice on competition policy matters.

Scope and Application

The Competition Policy Reform Act 1995, as enacted by the Parliament of Australia, primarily aims to amend the Trade Practices Act 1974 and the Prices Surveillance Act 1983, thereby enhancing the welfare of Australians through the promotion of competition and fair trading, and the provision of consumer protection. This Act applies to the Commonwealth, Commonwealth authorities, States, Territories, corporations, partnerships, joint ventures, and individuals within these entities, with a focus on their business activities, trade practices, and agreements. It extends its jurisdiction across the Commonwealth, States, and Territories, operating in alignment with the Competition Principles Agreement and the Conduct Code Agreement. The Act includes provisions for the Australian Competition and Consumer Commission, the Australian Competition Tribunal, and the National Competition Council, and establishes mechanisms for the declaration of services, arbitration of access disputes, and enforcement of determinations. The Act also outlines exceptions and limitations to ensure that certain activities authorised by state laws or specific instruments are not considered as contraventions. It further provides for the application of the Act to Commonwealth and State/Territory authorities, with specific provisions for the engagement of consultants and the protection of certain information. The geographic reach of this Act is national, with provisions that may operate concurrently with state and territory laws, provided they do not conflict with the Act. Exclusions and exemptions include certain activities of local government bodies, specific services like the supply of goods or intellectual property, and certain transactions involving intellectual property or primary products. The Act allows for the extension or restriction of its application through subordinate instruments, ensuring flexibility and adaptability to changing economic and market conditions.

Key Provisions

  • The Competition Policy Reform Act 1995 amends the Trade Practices Act 1974 (referred to as the "Principal Act") and the Prices Surveillance Act 1983. The object of the Act, as stated in section 2, is to enhance the welfare of Australians through the promotion of competition and fair trading, and to provide for consumer protection. The Act includes several key amendments, such as the insertion of new sections on the appointment of counsel assisting the Tribunal, the engagement of consultants by the Registrar, and the extension of certain provisions to include services as well as goods. These amendments reflect the broadening scope of the Act to encompass services in addition to goods. Furthermore, it includes changes to the exceptions under section 51, allowing for certain conduct to be disregarded if it is specifically authorised by a law, including state laws, provided certain conditions are met.
  • The Act imposes several obligations on the parties it governs. For example, section 45 of the Principal Act mandates that certain contracts, arrangements, or understandings that restrict dealings or affect competition are unenforceable. Additionally, section 45A specifies that contracts, arrangements, or understandings in relation to prices are subject to scrutiny if they have the purpose or effect of fixing, controlling, or maintaining prices. The Act also establishes the Australian Competition and Consumer Commission (ACCC) and the Australian Competition Tribunal, detailing their constitution, functions, and powers. The ACCC is tasked with various responsibilities, including disseminating information, conducting law reform and research, and complying with directions from the Minister and requirements of Parliament. Section 44E states that this Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, and of the Northern Territory.
  • There are several offences and penalties associated with breaches of the Act. For instance, section 44ZZ of the Principal Act prohibits the provider or user of a service, or a body corporate related to them, from engaging in conduct that hinders or prevents third-party access to a declared service under a determination. A breach of this prohibition can result in orders from the Federal Court, including injunctions, compensation orders, and other appropriate orders. Similarly, section 44ZZE allows the Federal Court to grant injunctions to restrain individuals from engaging in conduct that contravenes the Act's provisions on hindering access to declared services. Penalties for non-compliance with these provisions can include imprisonment for up to 6 months, as outlined in sections 44ZI and 44ZJ. Furthermore, section 44ZZK allows the Federal Court to discharge or vary injunctions or orders granted under this Division, providing a mechanism for adjusting remedies as circumstances change.
  • In terms of civil and criminal consequences, the Act provides that if an act or omission is an offence against the Act and is also an offence against an application law, and the offender has been punished for the offence under the application law, the offender is not liable to be punished for the offence against the Act (section 150FJ). If a person has been ordered to pay a pecuniary penalty under an application law, they are not liable to a pecuniary penalty under the Act in respect of the same conduct (section 150FJ(2)). The Act also includes provisions for the enforcement of determinations, such as the power of the Federal Court to grant injunctions and other orders to prevent contraventions (sections 44ZZD and 44ZZE). Furthermore, section 44ZZP allows for the making of regulations about the fees for inspection, etc., of registers, indicating the Act's comprehensive approach to regulating competition and fair trading practices in Australia.

Legal classification tags

Area of Law
Competition Law
Consumer Law
Instrument
Act
Concepts
Commencement Provisions
Delegated & Subordinate Legislation
Prohibited Conduct
Regulatory Standards
Review & Sunset Clauses
Rights & Protections
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.