Trade Practices Amendment Regulations 2001 (No. 5) (Cth)

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Trade Practices Amendment Regulations 2001 (No. 5)1

Statutory Rules 2001 No. 2262

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Practices Act 1974.

Dated 29 August 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

JOE HOCKEY

Minister for Financial Services and Regulation

1Name of Regulations

 These Regulations are the Trade Practices Amendment Regulations 2001 (No. 5).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Trade Practices Regulations 1974

Schedule 1 amends the Trade Practices Regulations 1974.

Schedule 1Amendments

(regulation 3)

  

[1]Subregulations 28 (4), (5), (6) and (7)

substitute

  • (4)

    No fee is payable to the Commission for an application or notice specified in Schedule 1A.

  • (5)

    If Schedule 1A does not apply to a matter specified in column 2 of an item in Schedule 1B, the fee payable to the Commission for the matter is:

    • (a)

      the fee specified in column 3 of the item; or

    • (b)

      if a concessional fee is payable for the matter under subregulation (6), the concessional fee specified in column 4 of the item.

Note   Some other regulations impose fees for particular things.

  • (6)

    A concessional fee is payable to the Commission for an additional application or an additional notice if:

    • (a)

      there are reasonable grounds for the Commission to believe that the first application or the first notice and the additional application or additional notice relate to conduct in the same market (or closely related markets); and

    • (b)

      each additional application or additional notice is:

      • (i)

        lodged with the Commission within 14 days of the date of lodgment of the first application or the first notice; and

      • (ii)

        endorsed by the Commission with reference to the first application or the first notice.

  • (7)

    In this regulation:

additional application means an application, made by any person after a first application, that relates to the subject of the first application.

additional notice means:

  • (a)

    a notice given, after a person’s first notice under subsection 93 (1) of the Act, about conduct of a kind mentioned in:

    • (i)

      subsection 47 (2), (3), (4) or (5) of the Act; or

    • (ii)

      paragraph 47 (8) (a) or (b) of the Act; or

    • (iii)

      paragraph 47 (9) (a), (b) or (c) of the Act; or

  • (b)

    if a person is not an individual or a proprietary company, a notice given, after the person’s first notice under subsection 93 (1) of the Act, about conduct of a kind mentioned in:

    • (i)

      subsection 47 (6) or (7) of the Act; or

    • (ii)

      paragraph 47 (8) (c) of the Act; or

    • (iii)

      paragraph 47 (9) (d) of the Act.

first application means the first application made by a person under subsection 88 (1), (5), (7), (7A), (8) or (8A) of the Act in relation to a matter.

[2]Schedules 1A and 1B

substitute

Schedule 1AMatters for which no fee is payable

(subregulation 28 (4))

  • 1.

    An application (a new application) made for the purposes of the Act if:

    • (a)

      the person making the new application has, at the same time or previously, made an application for the purposes of the Competition Code; and

    • (b)

      the applications relate to the same conduct or matter in the same market (or closely related markets); and

    • (c)

      the new application is made not later than 14 days after the previous application (or the last of the previous applications).

  • 2.

    An application (a new application) made for the purposes of the Competition Code if:

    • (a)

      the person making the new application has, at the same time or previously, made an application for the purposes of the Act; and

    • (b)

      the applications relate to the same conduct or matter in the same market (or closely related markets); and

    • (c)

      the new application is made not later than 14 days after the previous application (or the last of the previous applications).

  • 3.

    A notice (a new notice) given for the purposes of the Act if:

    • (a)

      the person giving the new notice has, at the same time or previously, given a notice for the purposes of the Competition Code; and

    • (b)

      the notices relate to the same conduct in the same market (or closely related markets); and

    • (c)

      the new notice is given not later than 14 days after the previous notice (or the last of the previous notices).

  • 4.

    A notice (a new notice) given for the purposes of the Competition Code if:

    • (a)

      the person giving the new notice has previously given a notice for the purposes of the Act; and

    • (b)

      the notices relate to the same conduct in the same market (or closely related markets); and

    • (c)

      the new notice is given not later than 14 days after the previous notice (or the last of the previous notices).

      Schedule 1BFees payable to Commission for applications and notices

      (subregulation 28 (5))

 

Item

Application or notice

Fee  ($)

Concessional fee  ($)

 1

Application for an authorisation under subsection 88 (1) of the Act

7 500

1 500

 2

Application for an authorisation under subsection 88 (5) of the Act

7 500

1 500

 3

Application for an authorisation under subsection 88 (7) of the Act

7 500

1 500

 4

Application for an authorisation under subsection 88 (7A) of the Act

7 500

1 500

 5

Application for an authorisation under subsection 88 (8) of the Act

7 500

1 500

 6

Application for authorisation under subsection 88 (8A) of the Act

7 500

1 500

 7

Application for an authorisation under subsection 88 (9) of the Act

15 000

No concessional fee

 8

Any notice under subsection 93 (1) of the Act about conduct of a kind mentioned in:

(a) subsection 47 (2), (3), (4) or (5) of the Act; or

(b) paragraph 47 (8) (a) or (b) of the Act; or

(c) paragraph 47 (9) (a), (b) or (c) of the Act

2 500

500

 9

Notice, given by an individual or a proprietary company, under subsection 93 (1) of the Act about conduct of a kind mentioned in:

(a) subsection 47 (6) or (7) of the Act; or

(b) paragraph 47 (8) (c) of the Act; or

(c) paragraph 47 (9) (d) of the Act

100

No concessional fee

10

Notice, given by a person other than an individual or a proprietary company, under subsection 93 (1) of the Act about conduct of a kind mentioned in:

(a) subsection 47 (6) or (7) of the Act; or

(b) paragraph 47 (8) (c) of the Act; or

(c) paragraph 47 (9) (d) of the Act

1 000

200

Notes

1. These Regulations amend Statutory Rules 1974 No. 170, as amended by 1974 Nos. 175 and 247; 1975 No. 13; 1977 No. 100 (void and of no effect); 1978 No. 212; 1979 Nos. 1 and 87; 1980 No. 39; 1982 No. 68; 1989 No. 199; 1992 Nos. 71 and 92; 1993 No. 21; 1995 Nos. 248 and 330; 1996 No. 20; 1997 Nos. 53, 86 and 322; 1998 No. 365; 1999 No. 251; 2000 Nos. 163, 164 and 186; 2001 Nos. 40, 57, 74 and 149.

2. Notified in the Commonwealth of Australia Gazette

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