Conciliation and Arbitration Regulations (Amendment) (Cth)

Statutory Rules

1974 No. 171

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904-1973.

Dated this twenty-fourth day of September, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

LIONEL MURPHY

Attorney-General.

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Amendments of the Conciliation and Arbitration Regulations 

Commencement.

1. These Regulations shall come into operation on 1 October 1974.

Parts.

2. Regulation 3 of the Conciliation and Arbitration Regulations is amended by omitting the words—

“Division 3b.—Proceedings under the Restrictive Trade Practices Act (Regulations 78j-78pa).”,

and substituting the words—

“Division 3b—Proceedings under the Trade Practices Act (Regulations 78j-78p)”.

3. Division 3b of Part III of the Conciliation and Arbitration Regulations is repealed and the following Division substituted:—

“Division 3b—Proceedings under the Trade Practices Act

Definitions.

“78j. In this Division—

‘Trade Practices Act’ means the Trade Practices Act 1974.

Prosecutions for offences against the Trade Practices Act.

“78k. In relation to a prosecution for an offence against the Trade Practices Act, an information, warrant or other process shall suffice if the offence is set out, as nearly as may be, in the words of that Act.

 

* Notified in the Australian Government Gazette on 25 September 1974.

  Statutory Rules 1956, No, 60, as amended by Statutory Rules 1957, No. 78; 1958, Nos. 7 and 53; 1959, No. 19; 1960, No. 86; 1961, No. 123; 1963, No. 14; and 1967, Nos. 35 and 136; by Act No. 53 of 1970; and by Statutory Rules 1970, No. 162; 1971, Nos. 95 and 115; 1972, Nos. 6, 51, 107, 150 and 161; 1973, No. 225.

 

Civil proceedings for pecuniary penalties or damages under the Trade Practices Act.

“78l. A proceeding under section 77 or an action under section 82 or 144 of the Trade Practices Act shall, so far as is practicable, be instituted and conducted in like manner as an action by writ of summons in the High Court is instituted and conducted.

Applications for orders for divestiture or for variation of contract.

“78m. Subject to regulation 78p, an application for an order under section 81 or sub-section 87 (3) of the Trade Practices Act shall, so far as is practicable, be instituted and conducted in like manner as an action by writ of summons in the High Court is instituted and conducted.

Injunctions under the Trade Practices Act.

“78n. (1) Subject to regulation 78p, an application for an injunction under sub-section 80 (1) or section 126 or 131 of the Trade Practices Act may be made to the Court or a Judge ex parte supported by an affidavit verifying the facts upon which the application is made.

“(2) Where, on an application for an injunction under sub-section 80 (1) of the Trade Practices Act, the applicant makes an application under sub-section 80 (2) of that Act for an interim injunction pending determination of the first-mentioned application, facts on which the application for the interim injunction is based—

(a) shall be included in the affidavit referred to in sub-regulation (1); and

(b) may with the leave of the Court or Judge and on such terms and conditions (including terms and conditions as to costs) as the Court or Judge thinks fit, be established by other evidence.

“(3) On an application for an injunction under sub-section 80 (1) of the Trade Practices Act, the Court or Judge may make an order in accordance with Form 23a calling on the respondent to show cause why an injunction should not be granted, and, if the Court or Judge grants an interim injunction pending determination of the application under sub-section 80 (1) of that Act, the order shall include such further order as the Court or Judge directs.

“(4) Upon an application for an injunction under section 126 or 131 of the Trade Practices Act, the Court or Judge may make an order in accordance with Form 23b calling on the proposed respondent to show cause why an injunction should not be granted.

“(5) As soon as practicable after an order in accordance with sub-regulation (3) or (4) is made, the applicant shall file the order and the supporting affidavit with the Registrar.

“(6) An order under sub-regulation (3) or (4), together with a copy of any affidavit in support of the application, shall be served by the applicant on the respondent at least two clear days before the day fixed for the hearing of the application, unless the Court or Judge gives leave for shorter service.

“(7) At thehearing of the application, the applicant may adduce evidence by affidavit or otherwise in addition to the evidence in the affidavit or affidavits in support of the application, and, where further evidence is adduced, the Court or Judge may make such orders (including orders as to costs) as the Court or Judge thinks fit.

Proceedings for damages and an injunction.

“78p. An application for an injunction under section 80 of the Trade Practices Act or an application for an order under section 81 of that Act may be included as a claim in a writ instituting a proceeding under section 77 of that Act for a pecuniary penalty or an action under section 82 of that Act for damages.”.

Fees.

4. Regulation 164 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1a).

 

First Schedule.

5. The First Schedule to the Conciliation and Arbitration Regulations is amended by omitting Forms 23a and 23b and inserting in their stead the following forms:—

Form 23a  Regulation 78N (3)

ORDER TO SHOW CAUSE

IN THE AUSTRALIAN INDUSTRIAL COURT

In the matter of the Trade Practices Act 1974

Between

Applicant

and

Respondent

It is hereby ordered that the abovenamed respondent appear before the Australian Industrial Court at in the State of on the day of , 19 , at o’clock in the noon on the hearing of an application by the abovenamed applicant for an injunction under section 80 of the Trade Practices Act 1974 to show cause why the said respondent should not be restrained from engaging in the following conduct:—

(here insert details of conduct in respect of which an injunction is claimed),

upon the grounds appearing from the affidavit of  sworn the  day

of  19  , and filed herein.

Dated this  day of  19

By the Court,

Judge.

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Form 23b  Regulation 78N (4)

ORDER TO SHOW CAUSE

IN THE AUSTRALIAN INDUSTRLAL COURT

In the matter of the Trade Practices Act 1974

Between

The Minister of State for

Applicant

and

Respondent

It is hereby ordered that the abovenamed respondent appear before the Australian Industrial Court at   in the State of on the  day of , 19 , at  o’clock in the  noon on the hearing of an application by the abovenamed applicant for an injunction under section 126 (or 131) of the Trade Practices Act 1974 to show cause why the said respondent should not be restrained from further contravening section 124 (or 130) of that Act, upon the grounds appearing from the affidavit of , sworn the day of , 19 , and filed herein.

Dated this day of , 19

By the Court,

Judge.