Trade Practices Amendment Act 1988 (Cth)

Trade Practices Amendment Act 1988

No. 20 of 1988

An Act to amend the Trade Practices Act 1974

[Assented to 11 May 1988]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Trade Practices Amendment Act 1988.

(2) In this Act, “Principal Act” means the Trade Practices Act 19741.

Commencement

2. (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) Section 4 commences on 1 July 1988.

False or misleading representations

3. Section 53 of the Principal Act is amended:

(a) by inserting in paragraph (a) “value,” after “quality,”;

(b) by inserting in paragraph (aa) “, value” after “quality”.

Repeal of section 65u

4. Section 65u of the Principal Act is repealed.

Prosecutions

5. Section 163 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

“(4) Proceedings before the Court under this section, other than proceedings instituted by:

(a) the Commission;

(b) a person authorised in writing by the Commission; or

(c) a person authorised in writing by the Secretary to the Department;

shall not be instituted except with the consent in writing of the Minister or of a person authorised by the Minister in writing to give such consents.”.

NOTE

1. No. 51, 1974, as amended. For previous amendments, see Nos. 56 and 63, 1975; Nos. 37, 88 and 157, 1976; Nos. 81, 111 and 151, 1977; Nos. 206 and 207, 1978; No. 73, 1980; Nos. 61 and 176, 1981; No. 80, 1982; No. 39, 1983; Nos. 63, 73 and 165, 1984; Nos. 65, 1985; Nos. 8, 17 and 168, 1986; and No. 23, 1987.

[Minister’s second reading speech made in—

House of Representatives on 24 February 1988

Senate on 24 March 1988