Restrictive Trade Practices
No. 138 of 1971
An Act to preserve Competition in Trade and Commerce to the extent required by the Public Interest.
[Assented to 20 December 1971]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
1. This Act may be cited as the Restrictive Trade Practices Act 1971.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Parts.
3. This Act is divided into Parts, as follows:—
Part I.—Preliminary (Sections 1–6).
Part II.—Constitution of the Trade Practices Tribunal (Sections 7–21).
Part III.—The Commissioner, the Registrar of the Tribunal and other Officers (Sections 22–34).
Part IV.—Examinable Agreements and Practices (Sections 35–39).
Part V.—Registration of certain Agreements (Sections 40–45).
Part VI.—Examination of Agreements and Practices by the Tribunal.
Division 1.—General (Sections 46–58).
Division 2.—Negative Clearances (Sections 59–60).
Division 3.—Review of Determinations and Judicial Determination of Questions of Law (Sections 61–65).
Part VII.—Resale Price Maintenance.
Division 1.—The Unlawful Practice of Resale Price Maintenance (Sections 66–71).
Division 2.—Exemptions (Sections 72–75).
Division 3.—General (Sections 76–77).
Part VIII.—Enforcement of Orders of the Tribunal (Sections 78–80).
Part IX.—Provisions relating to the Tribunal.
Division 1.—Procedure and Evidence (Sections 81–87).
Division 2.—General (Sections 88–92).
Division 3.—Offences in relation to the Tribunal (Sections 93–95).
Part X.—Collusive Tendering and Collusive Bidding (Sections 96–98).
Part XL—Civil Remedies (Sections 99–103).
Part XII.—Overseas Cargo Shipping.
Division 1.—Preliminary (Sections 104–108).
Division 2.—Filing of Conference Agreements (Sections 109–115).
Division 3.—Powers in relation to Conference Agreements (Sections 116–121).
Division 4.—Powers in relation to Individual Shipowners (Sections 122–125).
Division 5.—General (Sections 126–134).
Division 6.—Civil Remedies in relation to Overseas Cargo Shipping (Sections 135–137).
Part XIII.—Interpretative Provisions (Sections 138–143).
Part XIV.—Transitional Provisions (Sections 144–159).
Part XV.—Miscellaneous (Sections 160–170).
Repeal.
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 The following Acts are repealed:—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.
Definitions.
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…