Restrictive Trade Practices Act 1971 (Cth)
RESTRICTIVE TRADE PRACTICES ACT 1971 [Note: This Act is "repealed" by Act No. 51 of 1974]
(#DATE 19:12:1973)
(#DATE 19:12:1973)
Compilation Information - Reprinted as at 19 December 1973
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - TABLE OF PROVISIONS TABLE
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. (Repealed) 4. Repeal 5. Definitions 6. Crown not bound PART II-CONSTITUTION OF THE TRADE PRACTICES TRIBUNAL 7. Constitution of Tribunal 8. Qualifications of members 9. Terms and conditions of appointment 10. Remuneration and allowances 11. Travelling allowances 12. Acting appointments 13. Suspension and removal of members 14. Resignation 15. Oath or affirmation of office 16. Constitution of Tribunal for particular matters 17. Arrangement of business 18. Disclosure of financial interests of members 19. Presidential member to preside 20. Decision of questions 21. Member ceasing to be available PART III-THE COMMISSIONER, THE REGISTRAR OF THE TRIBUNAL AND OTHER OFFICERS 22. Office of Commissioner 23. Terms and conditions of appointment 24. Remuneration and allowances 25. Outside employment and interests 26. Rights of public servant appointed as Commissioner 27. Acting Commissioner 28. Suspension and removal of Commissioner 29. Resignation 30. Oath or affirmation of office 31. Staff 32. Delegation by Commissioner 33. Staff of Tribunal 34. Secrecy PART IV-EXAMINABLE AGREEMENTS AND PRACTICES 35. Agreements between competitors containing certain restrictions 36. Examinable practices 37. Monopolization an examinable practice 38. Exemptions in respect of practices 39. Combinations PART V-REGISTRATION OF CERTAIN AGREEMENTS 40. Register to be kept 41. Agreements subject to registration 42. Particulars to be furnished of certain agreements, variations and determinations 43. Failure to furnish particulars an offence 44. Registration by Commissioner 45. Register to be evidence PART VI-EXAMINATION OF AGREEMENTS AND PRACTICES BY THE TRIBUNAL Division 1-General 46. Interpretation 47. Institution of proceedings 48. Commissioner to consult parties with a view to avoiding proceedings 49. Inquiry and determination by Tribunal 50. The public interest 51. Effect of determinations 52. Orders in consequence of determinations 53. Date of effect of orders 54. Interim restraining orders 55. Effect of variation or determination of agreement 56. Effect of variation or abandonment of practice 57. Duration and operation of orders 58. Further consideration by Tribunal of determinations and orders upon change of circumstances Division 2-Negative Clearances 59. Certificate that agreement or practice not contrary to public interest 60. Proceedings before Tribunal Division 3-Review of Determinations and Judicial Determination of Questionsof Law 61. Constitution of Review Division 62. Application for reconsideration of determination 63. Hearing of application 64. Reconsideration by Tribunal 65. Reference of questions of law to Commonwealth Industrial Court PART VII-RESALE PRICE MAINTENANCE Division 1-The Unlawful Practice of Resale Price Maintenance 66. Resale price maintenance an unlawful practice 67. Recommended prices 68. Withholding the supply of goods 69. Statements as to the minimum price of goods 70. Criminal proceedings not to be brought 71. Agreements providing for resale price maintenance unenforceable Division 2-Exemptions 72. Applications for exemptions 73. Directions to amend 74. Determination of applications for exemption 75. Exemption extends to goods of others than applicant Division 3-General 76. Evidentiary provisions 77. Application of certain provisions PART VIII-ENFORCEMENT OF ORDERS OF THE TRIBUNAL 78. Contravention of orders to be contempt of Tribunal 79. Punishment of contempt 80. Protection of certain persons PART IX-PROVISIONS RELATING TO THE TRIBUNAL Division 1-Procedure and Evidence 81. Procedure generally 82. Regulations as to certain matters 83. Power to take evidence on oath 84. Hearings to be in public except in special circumstances 85. Evidence in form of written statement 86. Taking of evidence by single member 87. Representation Division 2-General 88. Parties 89. Ancillary orders, &c. 90. Undertakings to the Tribunal 91. Protection of members, barristers and witnesses 92. Incriminating answers Division 3-Offences in relation to the Tribunal 93. Failure of witness to attend 94. Refusal to be sworn or to answer questions 95. Contempt of Tribunal, &c. PART X-COLLUSIVE TENDERING AND COLLUSIVE BIDDING 96. Collusive tendering 97. Collusive bidding 98. Exemptions PART XI-CIVIL REMEDIES 99. Actions for damages 100. Deferment of action on application of Attorney-General 101. Findings in contempt proceedings to be evidence 102. Injunctions 103. Jurisdiction of Court PART XII-OVERSEAS CARGO SHIPPING Division 1-Preliminary 104. Definitions 105. Part to be exclusive of certain sections 106. Part to be exclusive of Part X 107. Agreements to which Part applies 108. Shipowners may be required to be represented by agent and give address for service Division 2-Filing of Conference Agreements 109. Clerk of Shipping Agreements 110. Agreements subject to filing 111. Particulars to be furnished of certain agreements, variations and determinations 112. Failure to furnish particulars an offence 113. Clerk to file particulars 114. Filed documents to be evidence 115. Secrecy Division 3-Powers in relation to Conference Agreements 116. Minister may request undertakings 117. Disapproval of agreements 118. Effect of disapproval 119. Reinstatement of disapproved agreement or approval of substituted agreement 120. Injunctions 121. Publication and commencement of orders Division 4-Powers in relation to Individual Shipowners 122. Minister may request undertakings 123. Declaration of shipowners 124. Prohibitions applicable to declared shipowner 125. Injunction Division 5-General 126. Minister may refer certain matters to Tribunal 127. Minister to consult with shipowners before making reference 128. Representation 129. Undertakings to Tribunal 130. Publication of reports of Tribunal 131. Institution of prosecutions 132. Aiding and abetting 133. Protection of certain persons 134. Constitution of Court Division 6-Civil Remedies in relation to Overseas Cargo Shipping 135. Actions for damages 136. Deferment of action on application of Minister 137. Findings in contempt proceedings to be evidence PART XIII-INTERPRETATIVE PROVISIONS 138. Provisions relating to agreements 139. Special provisions relating to trade associations 140. References to restrictions 141. Supply, acquisition and production 142. References to acts 143. Related companies PART XIV-TRANSITIONAL PROVISIONS 144. Saving of s. 8 of Acts Interpretation Act 145. Continuation of certain appointments 146. Secrecy 147. The Register of Trade Agreements continued 148. Commissioner may retain certain documents 149. Certain particulars not required to be furnished 150. Registration of agreements continued 151. Undertaking by Tasmanian Breweries Pty. Limited continued 152. Determination and order in certain proceedings continued 153. Certain proceedings continued 154. Proceedings for exemption by A. H. & A. W. Reed Pty. Limited continued 155. Certain notices continued 156. Particulars of agreements continued 157. Repository of documents continued 158. Secrecy 159. Undertakings continued PART XV-MISCELLANEOUS 160. Inspection of, furnishing of copies of, and evidence of, documents 161. Determinations and orders evidence of certain facts 162. Evidence of Register 163. Judicial notice 164. Prosecutions 165. Validity of determinations or orders 166. Commissioner may require furnishing of information of production and documents 167. Inspection, &c., of documents 168. Commissioner to furnish report 169. Certain agreements and practices not subject to Act 170. Regulations THE SCHEDULES FIRST SCHEDULE Oath SECOND SCHEDULE Agreements and Practices not Subject to Act
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 1.
Short title.SECT
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 An Act to preserve Competition in Trade and Commerce to the extent required by the Public Interest. PART I-PRELIMINARY Short title amended; No. 32, 1918, s. 2. 1. This Act may be cited as the Restrictive Trade Practices Act 1971-1973.*
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 2.
Commencement.SECT
2. This Act shall come into operation on a date to be fixed by Proclamation.* Section 3 repealed by No. 216, 1973, s. 3. * * * * * * * *
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 4.
Repeal.SECT
4. (1) The following Acts are repealed:- Trade Practices Act 1965; Trade Practices Act 1966; Trade Practices Act 1967; Trade Practices Act 1971. (2) Nothing in the last preceding sub-section revives the operation of an Act, or of a section of an Act, referred to in sub-section (2A), (3) or (4), of section 4 of the Trade Practices Act 1965-1971 or affects the provision made by sub-sections (6) and (7) of that section for the citation of the Seat of Government (Administration) Act 1910-1965 or of the Northern Territory (Administration) Act 1910-1967.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 5.
Definitions.SECT
Amended by No. 216, 1973, s. 3. 5. In this Act, unless the contrary intention appears- ''business'' includes a profession; ''consumer'' includes a person to whom services are supplied; ''corporation'' means a corporation that is a foreign corporation, a trading corporation formed within the limits of the Commonwealth or a financial corporation so formed; ''deal with'' means supply goods or services to, or acquire goods or services from, and other references to dealing or dealings have corresponding meanings; ''Deputy President'' means a Deputy President of the Tribunal, and includes a person appointed to act as a Deputy President of the Tribunal; ''Deputy Registrar'' means a Deputy Registrar of the Tribunal, and includes a person appointed to act as a Deputy Registrar of the Tribunal; ''document'' includes a book or writing; ''goods'' includes- (a) ships, aircraft and other vehicles; (b) animals, including fish; (c) minerals, trees and crops, whether on, under or attached to land or not; and (d) gas and electricity; ''member'' means a member of the Tribunal, and includes the President and a person appointed to act as a member; ''order'' includes a refusal to make an order; ''person'' includes a body corporate, whether a corporation or not, as well as a natural person; ''practice'' includes a single act or transaction; ''presidential member'' means the President or a Deputy President; ''price'' includes a charge of any description; ''relevant restriction'', in relation to an examinable agreement- (a) means the restriction under the agreement by reason of which the agreement is an examinable agreement; or (b) if there are several restrictions under the agreement by reason of any of which the agreement is an examinable agreement, means either or any of those restrictions, but does not include so much of the operation of a restriction as is required by this Act to be disregarded in determining whether the agreement is an examinable agreement; ''restriction'' includes any negative obligation, whether absolute or not and whether express or implied; ''services'' includes, without limiting the generality of that expression, the rights or benefits that are to be provided under an agreement for- (a) the performance of work (otherwise than under a contract of service), whether with or without the supply of goods; (b) the provision of, or of the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or (c) the conferring of rights or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; ''supply'' includes- (a) in relation to goods-supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and (b) in relation to services-provide, grant or confer, and ''supplied'' and ''supplier'' have corresponding meanings; ''the Commissioner'' means the Commissioner of Trade Practices, and includes a person appointed to act as the Commissioner of Trade Practices; ''the Court'' means the Commonwealth Industrial Court; ''the practice of resale price maintenance'' means the practice of resale price maintenance referred to in Part VII; ''the President'' means the President of the Tribunal, and includes a person appointed to act as President of the Tribunal; ''the Register'' means the Register of Trade Agreements kept under this Act, and includes a part of that Register; ''the Registrar'' means the Registrar of the Tribunal, and includes a person appointed to act as the Registrar of the Tribunal; ''the Tribunal'' means the Trade Practices Tribunal established by this Act, and includes a member or Division of that Tribunal performing functions of that Tribunal.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 6.
Crown not bound.SECT
6. This Act does not bind the Crown in right of the Commonwealth or of a State.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 7.
Constitution of Tribunal.SECT
PART II-CONSTITUTION OF THE TRADE PRACTICES TRIBUNAL 7. (1) There is hereby established a Trade Practices Tribunal, which shall consist of a President and such number of Deputy Presidents and other members as are appointed in accordance with this section. (2) A member of the Tribunal shall be appointed by the Governor-General.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 8.
Qualifications of members.SECT
Sub-section (1) amended by No. 216, 1973, s. 3. 8. (1) A person shall not be appointed as a presidential member unless he is- (a) a Judge of a Federal Court, not being the High Court or a court of an external Territory; or (b) a person who has the status of a Judge of the Court. (2) A person shall not be appointed as a member other than a presidential member unless he appears to the Governor-General to be qualified for appointment by virtue of his knowledge of, or experience in, industry, commerce or public administration.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 9.
Terms and conditions of appointment.SECT
9. (1) Subject to this Part, a member holds office for such period, not exceeding seven years, as is specified in the instrument of his appointment, but is eligible for re-appointment. (2) Subject to this Part, the Governor-General may, in the instrument of appointment of a member, specify terms and conditions of appointment, which may include terms and conditions making provision, to the exclusion of any other provision that would be applicable, with respect to leave of absence and pensions or retiring allowances.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 10.
Remuneration and allowances.SECT
10. (1) The President shall, if he is not the Chief Judge of the Commonwealth Industrial Court or the President of the Commonwealth Conciliation and Arbitration Commission, be paid additional remuneration at the rate of Two thousand dollars per annum and an additional annual allowance at the rate of Five hundred dollars per annum.* (2) A member other than a presidential member shall be paid remuneration at the rate of Two thousand six hundred dollars per annum and, in addition, Thirty-five dollars in respect of each day on which he sits as a member of a Division of the Tribunal for the purpose of hearing and determining proceedings.
(3) No remuneration or allowance referred to in either of the last two preceding sub-sections shall be diminished during a term of office.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 11.
Travelling allowances.SECT
11. A member shall be paid such allowances in respect of travelling expenses as are prescribed.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 12.
Acting appointments.SECT
12. (1) Where the President is, or is expected to be, absent from duty, or there is a vacancy in the office of President, the Attorney-General may appoint a Deputy President or an acting Deputy President to act as President during the absence or until the filling of the vacancy. (2) Where a presidential member (including the President) is, or is expected to be, absent from duty, the Governor-General may appoint a person qualified to be appointed as a presidential member to act as a Deputy President during the absence from duty of the member.
(3) Where a member other than a presidential member is, or is expected to be, absent from duty, the Governor-General may appoint a person qualified to be appointed as a member other than a presidential member to act as such a member during the absence from duty of the member.
(4) Where a person has been appointed under sub-section (2) or (3) of this section, the Governor-General may, by reason of pending proceedings or other special circumstances, direct, before the absent member resumes duty, that the person so appointed shall continue to act under the appointment after the resumption of duty by the absent member until the Governor-General terminates the appointment, but a person shall not continue to act as a member by virtue of this sub-section for more than one year after the resumption of duty by the absent member.
(5) Where a person has been appointed under this section to act as a member during the absence from duty of a member, and that member ceases to hold office without having resumed duty, the period of appointment of the person so appointed shall be deemed to continue until it is terminated by the Governor-General, or until the expiration of twelve months from the date on which the absent member ceases to hold office, whichever first happens.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 13.
Suspension and removal of members.SECT
13. (1) The Governor-General may suspend a member from office on the ground of misbehaviour or physical or mental incapacity. (2) The Attorney-General shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within seven sitting days of the House after the suspension.
(3) Where such a statement has been laid before a House of the Parliament, that House may, within fifteen sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member should be restored to office and, if each House so passes such a resolution, the Governor-General shall terminate the suspension.
(4) If, at the expiration of fifteen sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor-General may remove the member from office.
(5) If a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Governor-General shall remove him from office.
(6) A member shall not be removed from office except as provided by this section.
(7) A presidential member ceases to hold office if he no longer holds office as a person referred to in paragraph (a) or paragraph (b) of sub-section (1) of section 8 of this Act.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 14.
Resignation.SECT
14. A member may resign his office by writing signed by him and delivered to the Governor-General.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 15.
Oath or affirmation of office.SECT
15. (1) A member shall, before proceeding to discharge the duties of his office, take an oath or make an affirmation in accordance with the form of oath or affirmation in the First Schedule to this Act. (2) The oath or affirmation shall be taken or made before a Judge of a Federal Court or of the Supreme Court of a State.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 16.
Constitution of Tribunal for particular matters.SECT
16. (1) Except as otherwise provided by this Act, the Tribunal shall, for the purpose of hearing and determining proceedings, be constituted by a Division of the Tribunal consisting of a presidential member and two members who are not presidential members. (2) Where, before the commencement of the hearing of proceedings to which the last preceding sub-section would be applicable, there is filed with the Registrar, in accordance with such requirements as to time or otherwise as are prescribed, a notice signed by or on behalf of all the parties, other than the Commissioner, that they have agreed that the proceedings shall be dealt with by the Tribunal constituted by a single presidential member, the Tribunal shall be constituted for the purpose of those proceedings by a single presidential member.
(3) The Tribunal as constituted in accordance with the last preceding sub-section may continue to deal with proceedings notwithstanding that a further party is added to the proceedings after the commencement of the hearing.
(4) The validity of a determination or order of the Tribunal purporting to be constituted by one or more members in accordance with this Act shall not be affected or called in question by reason of any defect or irregularity in the constitution of the Tribunal by that member or those members.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 17.
Arrangement of business.SECT
17. The President may give directions as to the arrangement of the business of the Tribunal and the constitution of Divisions of the Tribunal.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 18.
Disclosure of financial interests of members.SECT
18. When a member, other than a presidential member, is informed by the President that the President proposes that the member shall be a member of a Division of the Tribunal in any proceedings, the member shall, to the best of his knowledge, disclose to the President any direct or indirect pecuniary interest that the member has in any business carried on in Australia, or in any body corporate carrying on any such business, being an interest that could be in conflict with his duties as a member of the Tribunal in those proceedings.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 19.
Presidential member to preside.SECT
19. (1) The President shall preside at proceedings of a Division of the Tribunal at which he is present. (2) At proceedings before a Division of the Tribunal at which the President is not present, the Deputy President present or, in the case of a Review Division, a Deputy President nominated by the President, shall preside.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 20.
Decision of questions.SECT
20. (1) Subject to Division 3 of Part VI (including that Division in its application by virtue of section 77 of this Act), a question of law arising in a matter before a Division of the Tribunal other than a Review Division (including the question whether a particular question is one of law) shall be determined in accordance with the opinion of the presidential member presiding. (2) Subject to the last preceding sub-section, a question arising in proceedings before a Division of the Tribunal shall be determined in accordance with the opinion of a majority of the members constituting the Division.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 21.
Member ceasing to be available.SECT
21. (1) This section applies where the hearing of any proceedings has been commenced or completed by the Tribunal but, before the matter to which the proceedings relate has been determined, the member, or one of the members, constituting the Tribunal for the purposes of the proceedings has ceased to be a member of the Tribunal or has ceased to be available for the purposes of the proceedings. (2) Where the President is satisfied that this section applies in relation to proceedings, the President may direct that a specified member of the Tribunal shall take the place of the member referred to in the last preceding sub-section for the purposes of the proceedings.
(3) Where this section applies in relation to proceedings that were being dealt with before the Tribunal constituted by three members, the President may, instead of giving a direction under the last preceding subsection, direct that the hearing and determination, or the determination, of the proceedings be completed by the Tribunal constituted by the members other than the member referred to in sub-section (1) of this section.
(4) Where the President has given a direction under the last preceding sub-section, he may, at any time before the determination of the proceedings, direct that a third member be added to the Tribunal as constituted in accordance with the last preceding sub-section.
(5) The Tribunal as constituted in accordance with any of the provisions of this section for the purposes of any proceedings may have regard to any record of the proceedings before the Tribunal as previously constituted.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 22.
Office of Commissioner.SECT
PART III-THE COMMISSIONER, THE REGISTRAR OF THE TRIBUNAL AND OTHER OFFICERS 22. There shall be a Commissioner of Trade Practices, who shall be appointed by the Governor-General.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 23.
Terms and conditions of appointment.SECT
23. (1) Subject to this Part, the Commissioner holds office for such period, not exceeding seven years, as is specified in the instrument of his appointment, but is eligible for re-appointment. (2) Subject to this Part, the Governor-General may, in the instrument of appointment of a person as the Commissioner, specify terms and conditions of appointment, which may include terms and conditions making provision, to the exclusion of any other provision that would be applicable, with respect to leave of absence and pensions or retiring allowances.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 24.
Remuneration and allowances.SECT
24. (1) The Commissioner shall be paid salary at the rate of Nineteen thousand five hundred dollars per annum and an annual allowance at the rate of One thousand dollars per annum.* (2) Neither the salary nor the allowance referred to in the last preceding sub-section shall be diminished during a term of office.
(3) The Commissioner shall be paid such allowances in respect of travelling expenses as are prescribed.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 25.
Outside employment and interests.SECT
25. (1) The Commissioner shall not engage in paid employment outside the duties of his office. (2) A person who is a director of a company shall not be appointed as the Commissioner and the Commissioner shall not act as director of a company.
(3) The Commissioner shall give written notice to the Attorney-General of all direct and indirect pecuniary interests that he has or acquires in any business carried on in Australia or in any body corporate carrying on any such business.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 26.
Rights of public servant appointed as Commissioner.SECT
Amended by No. 216, 1973, s. 3. 26. If a person appointed to the office of Commissioner was, immediately before his appointment, an officer of the Public Service of the Commonwealth- (a) he retains his existing and accruing rights; and (b) for the purpose of determining those rights, his service as the Commissioner shall be taken into account as if it were service in the Public Service of the Commonwealth.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 27.
Acting Commissioner.SECT
27. (1) Where the Commissioner is, or is expected to be, absent from duty, or there is a vacancy in the office of Commissioner, the Governor-General may appoint a person to act as the Commissioner during the absence or until the filling of the vacancy, but a person so appointed by reason of a vacancy in the office of Commissioner shall not act as the Commissioner for more than twelve months. (2) Where a person has been appointed to act as the Commissioner during the absence from duty of the Commissioner and the Commissioner ceases to hold office without having resumed duty, the period of appointment of the person so appointed shall be deemed to continue until it is terminated by the Governor-General, or until the expiration of twelve months from the date on which the Commissioner ceases to hold office, whichever first happens.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 28.
Suspension and removal of Commissioner.SECT
28. (1) The Governor-General may suspend the Commissioner from office for misbehaviour or physical or mental incapacity. (2) The Attorney-General shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within seven sitting days of the House after the suspension.
(3) Where such a statement has been laid before a House of the Parliament, that House may, within fifteen sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Commissioner ought to be restored to office and, if each House so passes such a resolution, the Governor-General shall terminate the suspension.
(4) If, at the expiration of fifteen sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor-General may remove the Commissioner from office.
(5) If the Commissioner becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Governor-General shall remove him from office.
(6) The Commissioner shall not be removed from office except as provided by this section.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 29.
Resignation.SECT
29. The Commissioner may resign his office by writing signed by him and delivered to the Governor-General.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 30.
Oath or affirmation of office.SECT
30. (1) The Commissioner shall, before proceeding to discharge the duties of his office, take an oath or make an affirmation in accordance with the form of oath or affirmation in the First Schedule to this Act. (2) The oath or affirmation shall be taken or made before a justice of the peace or a commissioner for taking affidavits.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 31.
Staff.SECT
31. The staff necessary to assist the Commissioner shall be persons employed under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1922-1968.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 32.
Delegation by Commissioner.SECT
32. (1) The Commissioner may, by writing under his hand, delegate to a person doing duty under the last preceding section, either generally or as provided by the instrument of delegation, any of his powers and functions under this Act, except- (a) this power of delegation; or (b) his powers and functions under sub-sections (1) and (2) of section 47 of this Act. (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Commissioner.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 33.
Staff of Tribunal.SECT
33. (1) There shall be a Registrar of the Tribunal and such Deputy Registrars of the Tribunal as are appointed in accordance with this section. (2) The Registrar and the Deputy Registrars shall be appointed by the Attorney-General and shall have such duties and functions as are provided by this Act and the regulations and such other duties and functions as the President directs.
(3) The Registrar and the Deputy Registrars, and the staff necessary to assist them, shall be persons employed under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1922-1968.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 34.
Secrecy.SECT
34. (1) This section applies to every person who is or has been the Commissioner or a member of the staff assisting the Commissioner. (2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except in the performance of a duty under or in connexion with this Act- (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of any other person acquired by him by reason of his office or employment under or for the purposes of this Act; or (b) produce to any person the Register or a document furnished for the purposes of this Act. Penalty: One thousand dollars or imprisonment for three months.
(3) A person to whom this section applies shall not be required to produce in a court the Register or any document relating to the affairs of any other person of which he has the custody, or to which he has access, by virtue of his office or employment under or for the purposes of this Act, or to divulge or communicate to any court any information concerning the affairs of any other person obtained by him by reason of any such office or employment, except when it is necessary to do so for the purposes of, or of a prosecution under or arising out of, this Act.
(4) Nothing in this section applies in relation to- (a) the communication of information to, or the production of the Register or a document to, the Attorney-General or to an officer acting on behalf of, and with the authority of, the Attorney-General; or (b) the communication or production to a person of, or of information or documents concerning, particulars furnished to the Commissioner of an agreement to which, according to those particulars, that person is or has been a party.
(5) In this section- ''court'' includes any tribunal, authority or person having power to require the production of documents or the answering of questions; ''produce'' includes permit access to and ''production'' has a corresponding meaning.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 35.
Agreement between competitors containing certain restrictions.SECT
PART IV-EXAMINABLE AGREEMENTS AND PRACTICES 35. (1) An agreement is an examinable agreement for the purposes of this Act if, whether as originally made or by reason of a subsequent variation, it is an agreement the parties to which are or include two or more persons, at least one of which is a corporation, carrying on businesses that are competitive with each other and each of which is a business of the supply of goods or services and if it is an agreement under which a restriction of any of the kinds referred to in the next succeeding sub-section is accepted by a corporation, being one of those persons, in relation to any such business, whether or not the restriction is accepted by another of those persons. (2) The restrictions referred to in the last preceding sub-section are restrictions in respect of- (a) the terms or conditions, whether as to prices or as to any other matter, upon or subject to which dealings may be engaged in; (b) the concessions or benefits, including allowances, discounts, rebates or credit, that may be given or allowed in connexion with, or by reason of, dealings; (c) the quantities, qualities, kinds or extent of goods or services that may be produced, acquired, held in stock or supplied, or the resources or methods that may be used, or the resources that may be acquired or maintained for use; (d) the places in, to or from which goods or services may be supplied; or (e) the persons or classes of persons who may be dealt with, or the circumstances in which, or the conditions subject to which, persons or classes of persons may be dealt with.
(3) For the purposes of this section, two or more businesses are competitive with each other where the businesses are, in whole or in part, competitive with each other in relation to the supply or acquisition of goods or services, including acquisition of materials, or, but for any agreement of a kind referred to in sub-section (1) of this section, would be, or would be likely to become, so competitive, whether or not the businesses relate to the same kind of goods or services.
(4) The agreements referred to in sub-section (1) of this section do not include an agreement the only parties to which are two or more bodies corporate that are related to each other. Amended by No. 216, 1973, s. 3.
(5) In determining whether an agreement is an examinable agreement, regard shall not be had- (a) to any provision of the agreement that is, or is of a kind, specifically authorized or approved by, or by regulations under, an Act; (b) to any provision of the agreement that is, or is of a kind, specifically authorized or approved by, or by regulations under, a State Act or an Ordinance of an internal Territory, except to the extent that the provision gives rise to a restriction to be observed in another State or internal Territory; (c) to any provision of the agreement relating to the remuneration, conditions of employment, hours of work or working conditions of employees; (d) to any provision of the agreement obliging a person to comply with or apply standards prepared or approved by the Standards Association of Australia or by a prescribed association or body; (e) in the case of an agreement for the sale of a business-to any provision of the agreement that is solely for the protection of the purchaser in respect of the goodwill of the business; (f) in the case of an agreement for or in respect of- (i) a licence granted or to be granted by the proprietor, licensee or owner of a patent, a registered design or copyright or by a person who has applied for a patent or for the registration of a design; or (ii) an assignment of a patent, a registered design or copyright or of the right to apply for a patent or for the registration of a design, to any condition of the licence or assignment relating exclusively to- (iii) the invention to which the patent or application for a patent relates or articles made by the use of that invention; (iv) goods in respect of which the design is or is proposed to be registered and to which it is applied; or (v) the work or other subject matter in which the copyright subsists; (g) in the case of an agreement authorizing the use of a certification trade mark-to any provision included in the agreement in accordance with rules applicable under Part XI of the Trade Marks Act 1955-1966; or (h) in the case of an agreement between the registered proprietor of a trade mark other than a certification trade mark and a person authorized by the agreement to use the trade mark subject to registration as a registered user under Part IX of the Trade Marks Act 1955-1966-to any provision of the agreement with respect to the kinds, qualities or standards of goods bearing the mark that may be produced or supplied.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 36.
Examinable practices.SECT
36. (1) Practices of the following kinds are examinable practices for the purposes of this Act:- (a) in or in connexion with the acquisition, or possible acquisition, of goods by a corporation from a person, inducing or attempting to induce that person by any express or implied threat or promise to accept terms as to price or any other matter or conditions, including collateral conditions, that are more favourable to the corporation than those upon or subject to which that person is willing to supply goods of the same kind and quantity to business competitors generally of the corporation, where the more favourable terms or conditions are, or would be, likely to lessen substantially the ability of a person to compete with the corporation; (b) in or in connexion with the acquisition, or possible acquisition, of goods by a person from a corporation, inducing or attempting to induce that corporation by any express or implied threat or promise to accept terms as to price or any other matter or conditions, including collateral conditions, that are more favourable to that person than those upon or subject to which that corporation is willing to supply goods of the same kind and quantity to business competitors generally of that person, where the more favourable terms or conditions are, or would be, likely to lessen substantially the ability of a person to compete with the first-mentioned person; (c) the requiring by a corporation, as a condition of the supply of goods or services to a person carrying on a business, that that person acquire all or a part of his requirements of goods or services of another class directly or indirectly from a second person; (d) the requiring by a person, as a condition of the supply of goods or services to a corporation carrying on a business, that that corporation acquire all or a part of its requirements of goods or services of another class directly or indirectly from a second person; (e) the inducing by a corporation of a person carrying on a business to refuse to deal with a second person, or to refuse to deal with a second person except on terms disadvantageous to the second person, where the corporation- (i) is a trade association or is acting as a member of, or on behalf of, a trade association; or (ii) is acting, in connexion with the carrying on of a business by it, in pursuance of an agreement with, or in concert with, another person carrying on a business; (f) the inducing by a person of a corporation carrying on a business to refuse to deal with a second person, or to refuse to deal with a second person except on terms disadvantageous to the second person, where the first-mentioned person- (i) is a trade association or is acting as a member of, or on behalf of, a trade association; or (ii) is acting, in connexion with the carrying on of a business by him, in pursuance of an agreement with, or in concert with, another person carrying on a business; or (g) the attempting by a corporation or another person to induce as mentioned in either of the last two preceding paragraphs. (2) Where a body corporate and a corporation are related to each other, the last preceding sub-section does not apply with respect to anything done to or in relation to that body corporate by that corporation or to or in relation to that corporation by that body corporate.
(3) Where a person, being a body corporate, and a second person, being a body corporate, are related to each other, sub-section (1) of this section has effect as if those persons were one person.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 37.
Monopolization an examinable practice.SECT
37. (1) The engaging by a corporation in monopolization within the meaning of this section is an examinable practice for the purposes of this Act. (2) For the purposes of this section, a corporation engages in monopolization if, being in a dominant position in the trade in goods of a particular description, or in the supply of services of a particular description, in Australia or in a part of Australia, it takes advantage of that position so as to- (a) induce or attempt to induce a person carrying on a business to refuse to deal with a second person or to refuse to deal with a second person except on terms disadvantageous to the second person; (b) engage in price-cutting with the object of substantially damaging the business of a competitor or preventing a possible competitor from entering into competition with it; or (c) impose prices or other terms or conditions of dealing that it would be unable to impose but for its dominant position.
(3) The Tribunal shall not regard as a part of Australia for the purposes of this section an area that does not include the whole of a State or Territory unless it is satisfied that it is appropriate to do so having regard to the substantial size of the area and the significance of the area as a market area.
(4) The Tribunal shall not regard a description of goods or services as being a particular description of goods or services for the purposes of this section if the Tribunal considers that it would be unreasonable to do so having regard to the fact that other goods or services are competitive with goods or services that are included in the description and to the extent to which those other goods or services are so competitive.
(5) For the purposes of this section, the Tribunal shall regard a corporation as being in a dominant position in the trade in goods of a particular description, or in the supply of services of a particular description, in Australia or in a part of Australia if, and only if, the Tribunal is satisfied that that corporation, or a combination of which that corporation is a member, is the supplier of not less than one-third, by quantity or value, of the goods, including imported goods, or services of that description that are supplied in Australia or in that part of Australia, whether, in the case of goods, the corporation or combination supplies the goods by wholesale, by retail or otherwise.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 38.
Exemptions in respect of practices.SECT
38. (1) In determining whether a corporation or another person has engaged, is engaging or proposes to engage in an examinable practice, regard shall not be had to any act or thing that is, or is of a kind, specifically authorized or approved by, or by regulations under, an Act. Amended by No. 216, 1973, s. 3. (2) In determining whether a corporation or another person has engaged, is engaging or proposes to engage in an examinable practice by reason of acts or things done or proposed to be done in a particular State or internal Territory, regard shall not be had to any act or thing that is, or is of a kind, specifically authorized or approved by, or by regulations under, an Act of that State or an Ordinance of that Territory.
(3) In determining whether a corporation or another person has engaged, is engaging or proposes to engage in an examinable practice other than a practice of monopolization, regard shall not be had to a provision or condition referred to in paragraphs (c) to (h) (inclusive) of sub-section (5) of section 35 of this Act or to an act or thing done in pursuance of such a provision or condition.
(4) In determining whether a corporation has engaged, is engaging or proposes to engage in an examinable practice of monopolization, regard shall not be had to a provision referred to in paragraph (c), (d) or (e) of sub-section (5) of section 35 of this Act or to an act or thing done in pursuance of such a provision.
(5) In relation to monopolization, the reference in sub-section (1) of this section to an Act does not include a reference to an Act relating to patents, trade marks, designs or copyrights.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 39.
Combinations.SECT
39. For the purposes of this Act- (a) two or more corporations constitute a combination in relation to goods or services of any description if those corporations so conduct their affairs as in any way to restrict or prevent competition between them in connexion with the supply of those goods or services; and (b) two or more corporations constitute a combination if those corporations are related to each other and each of them is included in any other combination in which any of them is included.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 40.
Register to be kept.SECT
PART V-REGISTRATION OF CERTAIN AGREEMENTS 40. (1) For the purposes of this Act, the Commissioner shall cause to be kept a register to be known as the Register of Trade Agreements. (2) Subject to this Act and the regulations, the Register shall be kept in such form and manner as the Commissioner directs.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 41.
Agreements subject to registration.SECT
41. (1) Subject to this section- (a) an agreement made before the date of commencement of this Act that is, on that date, an examinable agreement becomes subject to registration under this Part on that date; (b) an agreement made on or after that date that is, when made, an examinable agreement becomes subject to registration under this Part upon the making of the agreement; and (c) an agreement, whether made before or after that date, that becomes an examinable agreement at a time after the making of the agreement, being a time after the commencement of this Act, becomes subject to registration under this Part at that time. (2) If the only relevant restrictions under an examinable agreement relate exclusively to the supply or acquisition of services, the agreement is exempt from registration under this Part unless those services are or include services by way of- (a) the production, construction, maintenance, repair, treatment, processing, cleaning or alteration of goods or of fixtures on land; (b) the alteration of the physical state of land; (c) the distribution of goods; or (d) the transportation of goods.
(3) Where an agreement that is, by virtue of the last preceding sub-section, exempt from registration under this Part is so varied that, while remaining an examinable agreement, it ceases to be so exempt, the agreement becomes subject to registration under this Part on the day on which it is so varied.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 42.
Particulars to be furnished of certain agreements, variations and
determinations.SECT
42. (1) Where an agreement has become subject to registration under this Part, particulars of the agreement, in accordance with this section and verified as required by this section, shall be furnished to the Commissioner within the period of thirty days after the date on which the agreement became subject to registration. (2) In the case of an agreement that becomes subject to registration on a date subsequent to the date of making of the agreement, the particulars required to be furnished are particulars of the agreement as varied, whether in respect of the parties or in respect of the terms, by any variations made before or on the day on which the agreement becomes subject to registration.
(3) The duty to furnish particulars under this section in respect of an agreement that has become subject to registration is not affected by any subsequent variation or determination of the agreement, and if, at any time after an agreement becomes subject to registration, the agreement is varied, whether in respect of the parties or in respect of the terms, or is determined otherwise than by effluxion of time, then, except as otherwise prescribed, particulars of the variation or determination, verified as required by this section, shall be furnished to the Commissioner within the period of thirty days after the day on which the variation or determination occurred.
(4) The requirements of this section may be complied with- (a) in respect of an agreement-by any party to the agreement; or (b) in respect of a variation or determination of an agreement-by any person who was a party to the agreement immediately before, or was a party to the agreement immediately after, the variation or determination.
(5) Subject to the regulations, the particulars to be furnished of an agreement are- (a) the names of the parties to the agreement and the date of the agreement; and (b) the whole of the terms of the agreement, whether or not relating to relevant restrictions.
(6) The particulars to be furnished of an agreement, or of a variation or determination of an agreement, shall be furnished- (a) in so far as the particulars are contained in an instrument in writing by which the agreement, variation or determination was, in whole or in part, made or effected-by lodging a true copy of that instrument; and (b) in so far as the particulars are not contained in such an instrument, whether or not there is such an instrument-by lodging a memorandum of those particulars, verified as a true copy or a full and correct memorandum, as the case requires, by statutory declaration of the person by whom the particulars are furnished or of a competent person authorized by that person.
(7) The regulations may provide for excluding any particulars from the particulars required to be furnished under this Part and, in particular, for excluding all or any of such particulars as to persons, prices, terms or other matters as are material for the purpose only of defining the particular application from time to time of continuing restrictions.
(8) A person referred to in sub-section (4) of this section may, before the expiration of the time within which, but for this sub-section, the particulars are required to be furnished, apply in writing to the Commissioner for an extension of that time and, where such an application is made, the time within which the particulars are required to be furnished shall be taken not to expire- (a) whether or not the application is granted-before the expiration of fourteen days after the date on which the Commissioner informs the applicant in writing of his decision on the application; or (b) if the application is granted-before the expiration of the period of the extension granted by the Commissioner.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 43.
Failure to furnish particulars an offence.SECT
43. (1) If the requirements of the last preceding section are not complied with in respect of an agreement, every corporation that was a party to the agreement when it became subject to registration is guilty of an offence. (2) If the requirements of the last preceding section are not complied with in respect of a variation or determination of an agreement, every corporation that was a party to the agreement immediately before, or immediately after, the variation or determination is guilty of an offence.
(3) The penalty for an offence against this section is a fine not exceeding Two thousand dollars.
(4) It is a defence to a prosecution for an offence against this section if the corporation charged satisfies the Court that- (a) it did not, within the time allowed for the furnishing of the particulars, advert to the question whether particulars of the agreement, variation or determination were required by this Act to be furnished to the Commissioner and that its failure to advert to that question was not attributable to a desire to avoid, or to indifference to, its obligations; (b) it reasonably relied on another party, or on a trade association of which it was a member, to ensure that the required particulars were duly furnished; or (c) it believed in good faith that particulars of the agreement, variation or determination furnished to the Commissioner by it within the time allowed complied with the requirements of this Act, and that either the particulars, or the necessary further or amended particulars, were duly furnished, except as regards time, by itself or another party before the institution of the prosecution or it did not know or suspect, before the institution of the prosecution, that there had been default in compliance with the requirements of this Act with respect to the furnishing to the Commissioner of particulars of the agreement, variation or determination.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 44.
Registration by Commissioner.SECT
44. Where particulars of an agreement, or of a variation or determination of an agreement, are duly furnished to the Commissioner in accordance with this Part, or where those particulars are duly furnished except that the time allowed for furnishing the particulars has expired, the Commissioner shall register the agreement, variation or determination by filing in the Register the document containing the particulars.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 45.
Register to be evidence.SECT
45. In proceedings under this Act before the Tribunal or the Court, other than proceedings for an offence against section 43 of this Act, particulars of an agreement, or of a variation or determination of an agreement, as appearing from the Register are evidence of the agreement, variation or determination.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 46.
Interpretation.SECT
PART VI-EXAMINATION OF AGREEMENTS AND PRACTICES BY THE TRIBUNAL Division 1-General 46. In this Part, the expression ''is contrary to the public interest'' shall, so far as necessary, be read as including the expressions ''was contrary to the public interest'' and ''would be contrary to the public interest'' and other expressions relating to the public interest shall be similarly construed.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 47.
Institution of proceedings.SECT
47. (1) Subject to the next succeeding section, where- (a) the Commissioner has reason to believe, on the basis of information available to him from the Register or from any other source, that an examinable agreement exists or has existed after the commencement of this Act; and (b) the Commissioner is of opinion that any relevant restriction accepted under the agreement is contrary to the public interest, he may institute proceedings in the Tribunal under this section in respect of that restriction. (2) Subject to the next succeeding section, where the Commissioner has reason to believe that a corporation or another person has, after the commencement of this Act, engaged, is engaging or proposes to engage in an examinable practice and the Commissioner is of opinion that the practice is contrary to the public interest, he may institute proceedings in the Tribunal under this section in respect of the practice.
(3) Proceedings under this section shall be instituted as prescribed.
(4) The Tribunal may, at any time, grant leave to the Commissioner to discontinue proceedings under this section.
(5) The Attorney-General may, by writing under his hand, direct the Commissioner to investigate the facts and circumstances with respect to an examinable agreement or examinable practice or an alleged examinable agreement or examinable practice with a view to deciding whether proceedings under this section should be instituted and to report to the Attorney-General the results of the investigation.
(6) In instituting proceedings under this section, the Commissioner shall file with the Registrar a document giving, as fully as he is able, particulars of the relevant agreement (if any) and of the restriction or practice to which the proceedings relate, but so that any particulars that are set out in a document filed in the Register may be given by appropriate reference to the Register.
(7) Where proceedings have been instituted under this section, the Commissioner shall cause notice of the proceedings, together with a copy of the document first referred to in the last preceding sub-section, to be served, as prescribed, on each other party to the proceedings.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 168.
Commissioner to furnish reportSECT
168. The Commissioner shall, within sixty days after each year ending on the thirtieth day of June, furnish to the Attorney-General, for presentation to the Parliament, a report with respect to his operations in that year, including, in respect of the year ending on the thirtieth day of June, One thousand nine hundred and seventy-two, his operations under the Trade Practices Act 1965-1971.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 169.
Certain agreements and practices not subject to Act.SECT
169. (1) This Act does not apply in respect of an agreement or practice specified in the Second Schedule to this Act, being an agreement made by, or a practice of, a body or organization so specified. (2) The regulations may amend the Second Schedule to this Act by omitting the name of a body or organization specified in that Schedule and any matter so specified in relation to that body or organization.
(3) The regulations may amend any matter specified in the Second Schedule to this Act in relation to a body or organization so specified.
(4) The regulations may provide that all or any of the provisions of this Act are not to apply in respect of all or any agreements made by, or practices of, a specified body or organization that performs functions in relation to the marketing of primary products.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECT. 170.
Regulations.SECT
170. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for- (a) prescribing matters in connexion with the procedure of the Tribunal and fees and expenses of witnesses in proceedings before the Tribunal; (b) prescribing matters in connexion with access to documents filed or lodged with the Registrar and the issue of certified copies of such documents; (c) requiring a document furnished or used for the purposes of this Act or the regulations to be verified by statutory declaration; and (d) prescribing fees to be paid to the Registrar. -----------
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - FIRST SCHEDULE SCH
THE SCHEDULES FIRST SCHEDULE Sections 15 and 30 OATH I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of and that I will faithfully and impartially perform the duties of that office. SO HELP ME GOD) AFFIRMATION I, A.B., do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of and that I will faithfully and impartially perform the duties of that office.
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - SECOND SCHEDULE SCH
SECOND SCHEDULE Section 169 AGREEMENTS AND PRACTICES NOT SUBJECT TO ACT 1. Any agreement made by, or any practice of, Ricegrowers' Co-operative Mills Limited 2. Any agreement made by, or any practice of, Australian Dairy Industry Council 3. Any agreement made by, or any practice of, The Australian Dried Fruits Association 4. Any agreement made by, or any practice of, The Committee established under agreements made between Commonwealth Dairy Produce Equalisation Committee Limited and producers of casein and known as the Casein Equalisation Advisory Committee 5. Any agreement made by, or any practice of, The Council of Egg Marketing Authorities of Australia 6. Any agreement made by, or any practice of, The Australian Canners' Association that relates to the marketing of- (a) canned apricots, canned peaches or canned pears; or (b) canned mixed fruits having a fruit content not less than 55 per centum of which consists of one or more of the fruits referred to in the last preceding paragraph. --------------------------------------------------------------------------------
RESTRICTIVE TRADE PRACTICES ACT 1971-1973 - NOTES NOTES 1. The Restrictive Trade Practices Act 1971-1973 comprises the Restrictive Trade Practices Act 1971 as amended by the other Acts specified in the following table: ---------------------------------------------------------------------------- Number Date of Date of Act and year Assent commencement ---------------------------------------------------------------------------- Restrictive Trade Practices Act 1971 No. 138, 1971 20 Dec 1971 1 Feb 1972 (see Gazette 1972, No. 4, p. 1) Restrictive Trade Practices Act 1972 No. 118, 1972 31 Oct 1972 31 Oct 1972 Statute Law Revision Act 1973 No. 216, 1973 19 Dec 1973 31 Dec 1973 ---------------------------------------------------------------------------- 2.-S. 10(1)-Sub-section 13(2) of the Remuneration and Allowances Acts 1973 provides as follows:- ''(2) Notwithstanding sub-section 10(1) of the Restrictive Trade Practices Act 1971
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