Trade Practices Regulations (Amendment) (Cth)

• Statutory Rules 1993

  No. 211 

Trade Practices Regulations2 (Amendment)

I, THE 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 4 February 1993.

Governor- General

By His Excellency’s Command,

MICHAEL DUFFY

 Attorney General

1. Amendment

1.1 The Trade Practices Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

          

2. Regulation 28 (Fees)

2.1 Add at the end:

“(4) For the purposes of paragraph 172 (1) (d) of the Act, the fee payable to the Commission for a matter stated in Column 2 of an item in Schedule 1A is the fee stated in Column 3 of the item, unless a concessional fee is payable in respect of the matter.

“(5) Subject to subregulation (6), a concessional fee is payable to the Commission for:

(a) an application made after the first application under subsections 88 (1), 88 (5), 88 (7), 88 (7A), or 88 (8) of the Act (an ‘additional application’); or

(b) a notice given after the first notice under subsection 93 (1) of the Act (an ‘additional notice’).

“(6) A concessional fee is payable for a matter only if:

(a) there are reasonable grounds for the Commission to believe that the first application or 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 notice; and

(ii) endorsed by the Commission with reference to the original application or notice.

“(7) For the purposes of paragraph 172 (1) (d) of the Act, the concessional fee payable to the Commission for a matter stated in Column 2 of an item in Schedule 1B is the fee stated in Column 3 of the item.”.

3. New Schedules 1a and 1b

3.1 After Schedule 1, insert:

SCHEDULE 1aSubregulation 28 (4)

FEES PAYABLE TO COMMISSION FOR A

SINGLE APPLICATION OR NOTICE,

OR A FIRST APPLICATION OR NOTICE

Column 1	Column 2	Column 3
Item	Application or notice	Fee
$
1.	Application for an authorisation under subsection 88 (1) of the Act	7,500
2.	Application for an authorisation under subsection 88 (5) of the Act	7,500
3.	Application for an authorisation under subsection 88 (7) of the Act	7,500
4.	Application for an authorisation under subsection 88 (7a) of the Act	7,500
5.	Application for an authorisation under subsection 88 (8) of the Act	7,500
6.	Application for an authorisation under subsection 88 (9) of the Act	15,000
7.	Notice under subsection 93 (1) of the Act	2,500

SCHEDULE 1B Subregulation 28 (7)

FEES PAYABLE TO COMMISSION FOR AN ADDITIONAL APPLICATION OR ADDITIONAL NOTICE

Column 1	Column 2	Column 3
Item	Application or notice	Fee for each
$
1.	Application for an authorisation under subsection 88 (1) of the Act	1,500
2.	Application for an authorisation under subsection 88 (5) of the Act	1,500
3.	Application for an authorisation under subsection 88 (7) of the Act	1,500
4.	Application for an authorisation under subsection 88 (7a) of the Act	1,500
5.	Application for an authorisation under subsection 88 (8) of the Act	1,500
6.	Notice under subsection 93 (1) of the Act	500

NOTES

1. Notified in the Commonwealth of Australia Gazette on 11 February 1993.

2. Statutory Rules 1974 No. 170 as amended by 1974 Nos. 175 and 247; 1975 No. 13; 1977 No. 100; 1978 No. 212; 1979 Nos. 1 and 87; 1980 No. 39; 1982 No. 68; 1989 No. 199; 1992 Nos. 71 and 92.