Trade Practices Act 1965

Legislation au C1965A00111 Not in force Act

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Trade Practices

No. 111 of 1965

An Act to preserve Competition in Australian Trade and Commerce to the extent required by the Public Interest.

[Assented to 18 December, 1965]

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 Trade Practices Act 1965.

Commencement.

2.—(1.) Sections 1, 2, 5 and 8, and Parts II. and III., of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2.) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation, and references in this Act to the date of commencement of this Act shall be read as references to the date so fixed.


Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–8).

Part II.—Constitution of the Trade Practices Tribunal (Sections 9–22).

Part III.—The Commissioner, the Registrar of the Tribunal and other Officers (Sections 23–34).

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 59–61).

Division 3.—Review of Determinations, and Judicial Determination of Questions of Law (Sections 62–66).

Part VII.—Enforcement of Orders of Tribunal (Sections 67–69).

Part VIII.—Provisions relating to the Tribunal.

Division 1.—Procedure and Evidence (Sections 70–76).

Division 2.—General (Sections 77–81).

Division 3.—Offences in relation to the Tribunal (Sections 82–84).

Part IX.—Collusive Tendering and Collusive Bidding (Sections 85–87).

Part X.—Civil Remedies (Sections 88–90).

Part XI.—Interpretative Provisions (Sections 91–96).

Part XII.—Miscellaneous (Sections 97–106).

Restriction of application of Australian Industries Preservation Act.

4.—(1.) The Australian Industries Preservation Act 1906–1950 shall be construed as if the references in sections 4, 7, 7a, 7b and 10 of that Act to trade and commerce referred only to trade and commerce by way of the carriage of goods by sea between Australia and places outside Australia.


(2.) The last preceding sub-section does not—

(a) affect the operation of the Australian Industries Preservation Act 1906–1950 before the date of commencement of this Act, or anything duly done or suffered under that Act before that date;

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under that Act before…

Overview

The Trade Practices Act 1965 was enacted to address the need for preserving competition in Australian trade and commerce, which was considered essential for the public interest. This legislation was enacted by the Commonwealth Parliament of Australia and received Royal Assent on 18 December 1965. The Act was designed to prevent anti-competitive practices, monopolies, and collusive tendering and bidding, ensuring a fair marketplace for businesses and consumers. The Trade Practices Act 1965 established the Trade Practices Tribunal and the office of the Commissioner of Trade Practices, both of which play crucial roles in enforcing the Act and ensuring compliance with its provisions.

Scope and Application

The Trade Practices Act 1965 applies to all agreements and practices affecting trade and commerce within Australia, including transactions that involve foreign corporations or trading or financial corporations formed within the Commonwealth. This legislation is designed to preserve competition in Australian trade and commerce to the extent required by the public interest. The Act regulates certain business practices, such as agreements between competitors containing restrictive terms, collusive tendering and bidding, monopolization, and practices that obtain discrimination in prices or terms of dealing. The Act also applies to agreements that are made outside Australia if they have a substantial effect on Australian trade and commerce. The Trade Practices Act 1965 extends its application to agreements entered into before its commencement, provided they become subject to the Act after a specified period. The Act includes provisions for the registration of certain agreements, examination of agreements and practices by the Trade Practices Tribunal, and the enforcement of orders made by the Tribunal. The Act also includes exemptions for certain types of agreements and practices, such as those relating to the carriage of goods by sea between Australia and places outside Australia. The Act does not bind the Crown in right of the Commonwealth or of a State.

Key Provisions

  • The Trade Practices Act 1965 (C1965A00111) establishes a framework to preserve competition in Australian trade and commerce. The Act's main provisions include the establishment of the Trade Practices Tribunal, which is responsible for examining agreements and practices that may restrict competition. Section 35 defines examinable agreements as those between competitive businesses that include certain restrictions on terms, concessions, quantities, places of supply, or persons who may be dealt with. Section 36 outlines examinable practices, such as obtaining discrimination in prices, forcing another person's product, inducing refusal to deal, and monopolization. The Act also mandates the registration of certain agreements and allows the Commissioner to investigate and institute proceedings against restrictive agreements or practices deemed contrary to the public interest. The Tribunal can make orders to restrain parties from engaging in such practices and can vary or rescind its determinations upon reconsideration. Offences related to the Act include contravening Tribunal orders, engaging in collusive tendering or bidding, and failing to comply with information requests from the Commissioner. Penalties for these offences range from fines to imprisonment, depending on the severity of the breach.

Legal classification tags

Area of Law
Competition Law
Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Enforcement Powers
Civil Remedies
Licensing & Registration
Regulatory Standards
Reporting & Disclosure Obligations

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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.