Trade Practices Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No.

 

REGULATIONS UNDER THE TRADE PRACTICES ACT 1965-1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Practices Act 1965-1971.

Dated this sixteenth day of July, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Attorney-General.

 

Amendments of the Trade Practices Regulations

Commencement.

1. These Regulations shall come into operation on the date fixed under subsection (1.) of section 2 of the Trade Practices Act 1971.

Parts.

2. Regulation 2 of the Trade Practices Regulations is amended—

(a) by omitting the words—

“Division 1.—General (Regulations 9-18).”

and by inserting in their stead the words—

“Division 1.—General (Regulations 8a-18).”;

and

(b) by inserting after the words—

“ Division 2.—Procedure (Regulations 19-36).”

the words—

“ Division 3.—Proceedings in respect of the Practice of Resale Price Maintenance (Regulations 36a-36g).”.

Salary and allowances payable to the Commissioner.

3. After regulation 4 of the Trade Practices Regulations the following regulation is inserted:—

“4a.—(1.) For the purpose of sub-section (2.) of section 24 of the Act—

(a) salary is payable to the Commissioner at the rate of Nineteen thousand five hundred dollars per year: and

(b) an annual allowance is payable to the Commissioner at the rate of One thousand dollars per year.

“ (2.) Subject to the next succeeding sub-regulation, where the Commissioner is necessarily absent from Canberra overnight in the course of performing his duties, travelling allowance is payable to him at the rate of Twenty-eight dollars per day.

“ (3.) Where the Commissioner performs duties outside Australia and the Territories of the Commonwealth, he is entitled to be paid such allowances in respect of travelling expenses as he would be entitled to be paid if he were the Permanent Head of a Department and in receipt of salary equal to the salary payable to the Secretary to the Department of the interior.

 

*Notified in the Commonwealth Gazette on 1971.

 Statutory Rules 1967, No. 98.

16891/71—Price 15c 10/7.7.1971

“(4.) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.”.

Evidence in respect of lodgment or receipt of documents with the Commissioner and of extension of time.

4. Regulation 6 of the Trade Practices Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) In any proceedings under the Act, a certificate under the hand of the Commissioner certifying—

(a) the date on which he informed the applicant in writing of his decision on an application under sub-section (8.) of section 42 of the Act for an extension of time within which any specified particulars were required to be furnished under that section;

(b) whether or not he has granted an extension of time to the applicant: and

(c) if he has granted such an extension of time—the period of the extension so granted,

is evidence of the facts so certified.

“(3.) In any proceedings under the Act, a certificate under the hand of the Commissioner certifying that it appears from the records kept in the office of the Commissioner that a specified document has not been received at the office of the Commissioner is evidence that the document has not been left at an office of the Commissioner as required by paragraph (a) of sub-regulation (1.) of regulation 7 of these Regulations and has not been sent to the Commissioner by registered post as provided by paragraph (b) of that sub-regulation.

“(4.) A reference in sub-regulation (2.) of this regulation to the Commissioner shall be read as including a reference to a person to whom the Commissioner has delegated his powers under sub-section (8.) of section 42 of the Act.”.

Remuneration and allowances payable to members of the Tribunal.

5. Before regulation 9 of the Trade Practices Regulations the following regulation is inserted in Division 1 of Part III.:—

“8a.—(1.) For the purpose of sub-section (2.) of section 11 of the Act, where the President is a Judge within the meaning of the Judges' Pensions Act 1968, remuneration is payable to him at the rate of Two thousand dollars per year and an annual allowance is payable to him at the rate of Five hundred dollars per year.

“(2.) For the purpose of sub-section (2.) of section 11 of the Act, remuneration is payable to a member, other than a presidential member, at the rate of Two thousand six hundred dollars per year and, in addition, at the rate of Thirty-five dollars in respect of each day on which the member sits as a member of a Division of the Tribunal for the purpose of hearing and determining proceedings.

“ (3.) For the purpose of sub-section (3.) of section II of the Act, the rate at which sums in respect of travelling expenses are payable to a member other than a presidential member is Twenty-eight dollars per day.”.

Filing or lodging of documents with the Registrar.

6. Regulation 11 of the Trade Practices Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) The last preceding sub-regulation applies in relation to a document that is lodged with the Registrar or at his office whether or not it is, or is required to be, filed.”.

Title of proceedings.

7. Regulation 13 of the Trade Practices Regulations is amended—

(a) by adding at the end of sub-regulation (1.) the words “or Form 1a whichever is applicable”; and

(b) by adding at the end thereof the following sub-regulation:—

“(3.) The Registrar may, at the request of a person proposing to institute proceedings under section 66h of the Act or of his own motion after the institution of any such proceedings, determine the description of the goods that is to form part of the title of the proceedings for the purposes of all documents in the proceedings after that determination.”.

Address For service.

8. Regulation 16 of the Trade Practices Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) Where a person has lodged with the Registrar an application under section 66hof the Act that states an address in Australia as his address for service for the purpose of this regulation, he shall be deemed to have filed notice of an address for service under sub-regulation (1.) of this regulation.

“(5.) Where a person who has lodged an application referred to in the last preceding sub-regulation has served a copy of the application on the Commissioner, he shall be deemed to have served on the Commissioner a copy of a notice of address for service filed by him.”.

Representation of persons having common interest in proceedings.

9. Regulation 19 of the Trade Practices Regulations is amended by inserting in sub-regulation (6.), after the figures “47”, the word and figures “or 66h”;

Notice under section 17 (2.).

10. Regulation 20 of the Trade Practices Regulations is amended by omitting from sub-regulation (1.) the words “seven days” and inserting in their stead the words “twenty-one days, or such lesser number of days as the Tribunal directs,”.

Parties to proceedings.

11. Regulation 22 of the Trade Practices Regulations is amended by omitting from sub-regulation (4.) the words “complied with sub-regulations (2.) and (3.) of this regulation” and inserting in their stead the words “specified in that document, as parties to the proceedings, all the persons whom he is required so to specify by virtue of sub-regulations (2.) and (3.) of this regulation”,

Copies of documents for Tribunal.

12. Regulation 25 of the Trade Practices Regulations is amended by inserting in sub-regulation (1.), after the word “sub-regulation”, the words “and to any direction given by the Tribunal”,

13. After regulation 36 of the Trade Practices Regulations the following Division is inserted in Part III.:—

“Division 3.—Proceedings in respect of the Practice of Resale Price Maintenance.

Application under section 66h (1.).

“36a.—(1.) An application to the Tribunal under sub-section (1.) of section 66hof the Act shall be in accordance with Form 20 and shall have attached to it a statement setting out the facts and contentions upon which the applicant intends to rely in support of his application.

“(2.) For the purpose of sub-section (3.) of section 66hof the Act, the fee is Thirty dollars.

Publication of notice of application.

“36b.—(1.) The Registrar shall cause particulars of the time and place fixed under the next succeeding regulation for the holding of a preliminary conference in relation to proceedings instituted by application under section 66h of the Act to be stated in any notice of the application published in the Gazette or a newspaper in accordance with sub-section (5.) of that section.

 

“(2.) The last preceding sub-regulation does not apply to a notice of an amended application that is advertised in accordance with sub-section (8.) of section 66h of the Act.

Preliminary conference.

“36c.—(1.) As soon as practicable after the institution of proceedings under section 66h of the Act, the President shall fix a time and place for a preliminary conference which may be attended by the parties to the proceedings or by their representatives.

“(2.) The preliminary conference shall take place before the Tribunal constituted by a presidential member.

“(3.) The purpose of the preliminary conference is to facilitate the orderly, convenient and expeditious conduct of the proceedings and, as far as possible, to simplify the proceedings.

“(4.) As soon as practicable after the President has fixed the time and place for a preliminary conference in respect of proceedings under section 66h of the Act, the Registrar shall notify the parties to the proceedings of the time and place so fixed.

“(5.) Without limiting the generality of sub-regulation (3.) of this regulation, the following matters and questions may be considered at a preliminary conference:—

(a) the representation of the parties in the proceedings:

(b) the questions that are likely to arise in the proceedings;

(c) whether notice of the application instituting the proceedings should be published in any newspapers or additional newspapers or in any trade journals;

(d) the matters that the applicant or any other party, other than the Commissioner, proposes to request the Tribunal to take into account in considering whether to make a determination exempting all or any of the goods from the application of Part VIa. of the Act;

(e) the nature of the detriment to the public as consumers or users of the goods that the Commissioner proposes to request the Tribunal to take into account under section 66k of the Act;

(f) the possibility of agreement by the parties on, or admission by a party of, facts or documents:

(g) whether it is desirable for a party, other than the applicant, to furnish to the Tribunal or to another party preliminary statements of facts and contentions:

(h) whether it is desirable for the applicant to furnish to the Tribunal or to another party additional statements of facts and contentions;

(i) whether it is desirable for a party to furnish to the Tribunal or to another party a list of documents relevant to the proceedings that are, or have been, in his possession or control:

(j) whether it is desirable for a party to permit inspection by the Tribunal or another party, or to furnish copies to the Tribunal or to another party, of any documents that are in that party’s possession or control;

(k) whether it is desirable for a party to furnish to another party written answers to written questions in relation to matters relevant to the proceedings;

(l) whether it is desirable for a list of documents referred to in paragraph (i) of this sub-regulation, a copy of a document referred to in paragraph (j) of this sub-regulation or written answers referred to in paragraph (k) of this sub-regulation to be verified by statutory declaration or authenticated in some other way:

(m) whether it is desirable for an investigation to be made into, or for an inspection to be made of, the books, accounts and records of a party in relation to matters relevant to the proceedings:

(n) the manner in which evidence in relation to particular matters will be presented at the hearing of the proceedings;

(o) whether it is desirable for the statements of witnesses to be called by one of the parties to the proceedings to be furnished to the Tribunal or to the other parties to the proceedings before the hearing of the proceedings and, if so, when those statements are to be furnished; and

(p) the planning of the conduct of the proceedings, including whether it is desirable—

(i) that the proceedings be consolidated with any other proceedings under Part VIa. of the Act;

(ii) that the proceedings be conducted concurrently with any other proceedings; or

(iii) that the hearing of the proceedings be conducted in stages.

“(6.) The presidential member presiding at a preliminary conference—

(a) may, if he thinks fit, adjourn the conference from time to time;

(b) shall fix a time and place for the commencement of the hearing of the proceedings; and

(c) may, by order, give, as he thinks fit, directions to the parties in relation to any matters referred to in the last preceding sub-regulation that are matters of procedure or in relation to any other matters of procedure in the proceedings and may from time to time vary or revoke such a direction.

“(7.) Where a presidential member has in pursuance of the last preceding sub-regulation, directed a party to furnish to the Tribunal a copy of a document and the party intends to request the Tribunal to direct, in pursuance of paragraph (6) of sub-section (2.) of section 73 of the Act, that the publication of matters contained in the document be prohibited or restricted, the party may indicate his intention by writing in red ink near the top of the first page of the copy of the document the words 'Restriction of publication claimed

“(8.) A reference in sub-regulation (5.) of this regulation to goods, in relation to proceedings under section 66h of the Act, shall be read as a reference to the goods specified in the Schedule to the application under that section by which those proceedings were instituted.

Application for leave under section 66h (7.).

“36d.—(1.) An application for leave under sub-section (7.) of section 66h of the Act shall be in accordance with Form 21 and shall be filed with the Registrar.

“(2.) The President shall fix a time and place for the hearing of the application and the Registrar shall notify the applicant of the time and place so fixed.

“(3.) The applicant shall cause notice of the application to be served on each other party to the proceedings.

“(4.) A notice under the last preceding sub-regulation—

(a) shall be in accordance with Form 22;

(b) shall be signed by the Registrar and sealed; and

(c) shall have attached to it a copy of the application referred to in sub-regulation (1.) of this regulation.

Application for directions under section 66j.

“36e.—(1.) An application by the Commissioner under section 66j of the Act shall be in accordance with Form 23 and shall be filed with the Registrar.

“(2.) The President shall fix a time and place for the hearing of the application and the Registrar shall notify the Commissioner of the time and place so fixed.

 

“(3.) The Commissioner shall cause notice of the application to be served on each other party to the proceedings.

“(4.) A notice under the last preceding sub-regulation—

(a) shall be in accordance with Form 24;

(b) shall be signed by the Registrar and sealed; and

(c) shall have attached to it a copy of the application referred to in sub-regulation (1.) of this regulation.

Copies of documents for Tribunal.

“36f.—(1.) Subject to the next succeeding sub-regulation and to any direction given by the Tribunal, the applicant in proceedings under section 66h of the Act shall, not less than five days before the commencement of the hearing of the proceedings, lodge with the Registrar three copies of the document by which the proceedings were instituted together with three copies of any documents filed in pursuance of a direction of a presidential member under regulation 36c of these Regulations.

“(2.) Where a notice under sub-section (2.) of section 17 of the Act has been filed in relation to the proceedings, the applicant shall lodge one copy only of the documents referred to in the last preceding sub-regulation.

Application of Division II.

“36g.—(1.) Except as provided in the next succeeding sub-regulation, Division 2 of Part III. of these Regulations does not apply to or in relation to proceedings under section 66h of the Act or to or in relation to proceedings that relate to proceedings under that section.

“(2.) Regulations 19, 20, 26, 27, 28, 29, 33, 34, 35 and 36 of these Regulations apply, to the extent to which they are not inconsistent with the provisions of this Division, to any proceedings of a kind referred to in the last preceding sub-regulation.”.

Inspection, &c., of records of Tribunal.

14. Regulation 46 of the Trade Practices Regulations is amended by inserting in sub-regulation (3.), after the word and figures “regulation 24”, the words and figures “, or sub-regulation (7.) of regulation 36c,”.

Form I.

15. Form 1 in the First Schedule to the Trade Practices. Regulations is amended by omitting the words—

“TITLE OF PROCEEDINGS”

and inserting in their stead the words—

“TITLE OF PROCEEDINGS, OTHER THAN PROCEEDINGS TO WHICH FORM 1a RELATES”.

Form 1a.

16. After Form 1 in the First Schedule to the Trade Practices Regulations the following form is inserted:—

Form 1a

Regulation 13

TITLE OF PROCEEDINGS UNDER PART VIa. OR OF PROCEEDINGS UNDER SECTION 58 OR DIVISION 3 OF PART VI. THAT RELATE TO PROCEEDINGS UNDER PART VIa.

Commonwealth of Australia

Trade Practices Act 1965-19

In the Trade Practices Tribunal

File No.

Re Resale Price Maintenance

Re application under section 66h

by (here insert name of applicant)

in respect of (here insert brief description of goods.)

17. Form 8 in the First Schedule to the Trade Practices Regulations is repealed and the following form inserted in its stead:—

Form 8

(Title)

Regulation 28.

APPLICATION FOR LEAVE UNDER SECTION 58

*Insert whichever is applicable.

*The Commissioner of Trade Practices hereby applies—

*I, (name and address of applicant) hereby apply—

for leave to make an application under section 58 of the Trade Practices Act 1965-19 in respect of—

 Insert whichever is applicable.

 the order made by the Tribunal on the day of ,

19 , (File No.  ).

‡Leave out the words in brackets if inapplicable,

 the determination made by the Tribunal on the day of ,

19 , (File No.) ‡(and the order (or orders) made in consequence of that determination).

2. Since the making of the order (or determination and order(s) or determination) there has been the following change in circumstances:—

(Here set out particulars of the change in circumstances.)

Dated this day of , 19 .

Applicant.

18. Form 10 in the First Schedule to the Trade Practices Regulations is repealed and the following form inserted in its stead:—

Form 10

(Title)

Regulation 29.

APPLICATION FOR AN ORDER UNDER SECTION 58

*Insert whichever is applicable.

*The Commissioner of Trade Practices hereby applies—

*I, (name and address of applicant) hereby apply—

for leave to make an application under section 58 of the Trade Practices Act 1965-19 in respect of—

 Insert whichever is applicable.

 the order made by the Tribunal on the day of ,

19 , (File No.  ).

‡Leave out the words in brackets if inapplicable.

 the determination made by the Tribunal on the day of ,

19 , (File No. ) ‡(and the order (or orders) made in consequence of that determination).

2. Leave to make this application was granted by the Trade Practices Tribunal on the day of , 19 .

Dated this day of , 19 .

Applicant.

19. Form 19 in the First Schedule to the Trade Practices Regulations is repealed and the following form inserted in its stead:—

Form 19

(Title)

Regulation 35.

SUMMONS TO WITNESS

To (full name and address of witness)

You are hereby summoned to attend before the Trade Practices Tribunal at (place) on , 19 , at o’clock in the noon, and thereafter from day to day until the hearing of proceedings in relation to the abovementioned agreement (or practice or application) is completed or until you are released from further attendance.

2. You are required to attend before the Tribunal for the purpose of giving evidence in the proceedings.

*Insert if applicable.

*3. You, are required to bring with you and produce the following documents:—

(Here set out the documents required.)

Dated this day of , 19

President (or Deputy President or Member) of the Trade Practices Tribunal.

20. The First Schedule to the Trade Practices Regulations is amended by adding at the end thereof the following forms:—

Form 20

(Title)

Regulation 36a

APPLICATION FOR EXEMPTION UNDER SECTION 66h

1. (name and address of applicant) hereby apply to the Tribunal under section 66h of the Trade Practices Act 1965-19 for a determination exempting from the application of Part VIa, of that Act the goods described in the Schedule to this application.

2. I supply (or intend to supply) the goods otherwise than by way of sale by retail.

3. The exemption is sought in respect of the goods on the ground (or grounds) that, unless the exemption is granted—

(here set out the ground or grounds specified in sub-section (2.) of section 66k of the Act on which the applicant intends to rely).

4. Particulars of the facts and contentions upon which I intend to rely in support of the above-mentioned ground (or grounds) are attached.

5. My address for service for the purpose of regulation 16 of the Trade Practices Regulations is (here insert address in Australia at which documents may be served for the purpose of proceedings.)

The Schedule

(Here set out a description of the goods in respect of which the application is made.)

Dated this day of , 19 .

Applicant.

Form 21

(Title)

Regulation 36d (1.).

APPLICATION FOR LEAVE TO AMEND UNDER SECTION 66h (7.)

I (name and address of applicant) hereby apply to the Tribunal for leave to amend the application in these proceedings lodged by me with the Registrar on the day of , 19 , in the following manner (here set out particulars of amendment sought.)

2. The grounds of this application are as follows:—

Dated this day of , 19

Applicant.

Form 22

(Title)

Regulation 36d (4.).

NOTICE OF APPLICATION FOR LEAVE TO AMEND UNDER SECTION 66h (7.)

To (full name and address of party to whom directed)

TAKE NOTICE that (name and address of applicant) has filed an application for leave under section 66h (7.) of the Trade Practices Act 1965-19 to amend the application in these proceedings lodged by him with the Registrar on the day of , 19 .

2. A copy of the application is attached,

3. The application will be heard by the Tribunal at (place) on the day of , 19 , at o’clock in the  noon.

Dated this day of ,19 .

Registrar of the Trade Practices Tribunal.

Form 23

(Title)

Regulation 36e (1.).

APPLICATION FOR DIRECTIONS TO AMEND UNDER SECTION 66j

The Commissioner of Trade Practices hereby applies to the Tribunal for an order directing (name of applicant in these proceedings) to amend his application in these proceedings lodged with the Registrar on the day of , 19 , so as to describe more appropriately the goods in respect of which the application is made (or so as to exclude the goods specified in the Schedule to this application from that application for the reason that the Tribunal cannot otherwise deal satisfactorily with that application).

2. The grounds of this application are as follows:—

*Leave out if inapplicable.

*The Schedule

Dated this day of , 19 .

Commissioner of Trade Practices.

Form 24

(Title)

Regulation 36e (4.).

NOTICE OF APPLICATION FOR DIRECTIONS TO AMEND UNDER SECTION 66j

To (full name anti address of party to whom directed)

TAKE NOTICE that the Commissioner of Trade Practices has filed an application for an order under section 66j of the Trade Practices Act 1965-19 directing (full name of applicant in these proceedings) to amend his application in these proceedings lodged with the Registrar on the  day of  , 19 .

2. A copy of the application is attached.

3. The application will be heard by the Tribunal at (place) on the day of ,19 , at o’clock in the noon.

Dated this day of , 19 .

Registrar of the Trade Practices Tribunal.

 

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