Trade Practices Regulations (Cth)
STATUTORY RULES
REGULATIONS UNDER THE TRADE PRACTICES ACT 1965-1967.*
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
Dated this twentieth day of July, 1967.
CASEY
Governor-General.
By His Excellency’s Command,
(Sgd.) NIGEL BOWEN
Attorney-General.
––––––––
TRADE PRACTICES REGULATIONS
Part I.—Preliminary
Part I.—Preliminary (Regulations 1-6).
Part II.—Registration (Regulations 7-8).
Part III.—The Tribunal.
Division 1.—General (Regulations 9-18).
Division 2.—Procedure (Regulations 19-36).
Part IV.—Overseas Cargo Shipping (Regulations 37-43).
Part V.—Miscellaneous (Regulations 44-47).
“proceedings” means proceedings in the Tribunal;
“sealed” means sealed with the seal of the Tribunal;
“the
Act” means the
“the Clerk” means the Clerk of Shipping Agreements under Part Xa. of the Act.
(2.) Strict compliance with the Forms in the First Schedule to these Regulations is not necessary and substantial compliance, or such compliance as the circumstances of a particular case allow, is sufficient.
(3.) Where a document is required to be in accordance with a Form in the First Schedule to these Regulations, the document shall, subject to the last preceding sub-regulation, be completed in accordance with any directions contained in the Form.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Notified in
the
4466/67—Price 25c 6/12.7.1967
(2.) The Commissioner shall notify in the
(3.) Each office of the Commissioner shall be open
for business on every day other than a Saturday or a Sunday or a day that is
observed as a holiday in the Commonwealth Service by virtue of section 76 of
the
(
a ) in the case of the office at Canberra—from half past nine o’clock in the morning until half past twelve o’clock in the afternoon and from half past one o’clock to four o’clock in the afternoon;(
b ) in the case of the office at Darwin—from half past nine o’clock in the morning until twelve noon and from one o’clock to four o’clock in the afternoon; and(
c ) in the case of all other offices—from half past nine o’clock in the morning until one o’clock in the afternoon and from two o’clock to four o’clock in the afternoon.
Part II.—Registration
(
a ) by leaving the document or documents, together with the statutory declaration required by that section, with a person in attendance at an office of the Commissioner at a time when that office is open for business; or(
b ) by sending the document or documents, together with that statutory declaration, from a place in Australia by registered post addressed to the Commissioner at an office of the Commissioner.
(2.) A document that has been sent in accordance with
paragraph (
(3.) A person furnishing particulars of an agreement, or of a variation or determination of an agreement, in accordance with sub-regulation (1.) of this regulation shall lodge with the document or documents containing the particulars a memorandum, signed by or on behalf of the person, setting out—
(
a ) the name and address of the person by whom the particulars are furnished;(
b ) a brief description of the document or documents containing the particulars;(
c ) a statement that the document containing the particulars is, or the documents containing the particulars are, accompanied by a statutory declaration verifying the document or documents; and(
d )the name and address of the person making the statutory declaration.
(4.) Where the statutory declaration verifying the document or documents containing the particulars is made by a person authorized by the person furnishing the particulars, the declaration shall include—
(
a )a statement that the person making the statutory declaration is authorized by the person furnishing the particulars to make that declaration; and(
b )a statement of the facts and circumstances by reason of which the person making the statutory declaration is competent to make the declaration.
(
a )the agreement is varied in relation only to a list or other specification of persons (other than persons who are, or are to be deemed to be, parties to the agreement), prices or terms; and(
b ) the variation is material for the purpose only of defining the particular application from time to time of continuing restrictions.
Part III.—The Tribunal
(
a ) the Coat of Arms of the Commonwealth, that is to say the armorial ensigns and supporters granted to the Commonwealth by Royal Warrant dated the nineteenth day of September, One thousand nine hundred and twelve; and(
b )the words “Trade Practices Tribunal”.
(2.) The Registrar shall keep at his office a device for affixing the seal of the Tribunal to a document.
(3.) The seal of the Tribunal shall be affixed by or with the authority of the Registrar to such documents as are required by these Regulations or by a direction of a presidential member to be sealed with the seal of the Tribunal.
(2.) The Registrar shall cause the date on which a document was lodged at his office to be written on the document.
(2.) The one file number may be allotted to ail proceedings that, in the opinion of the Registrar, are related to each other.
(2.) The Registrar may, at the request of a person proposing to institute proceedings or of his own motion after the institution of any proceedings, determine the description of an agreement or practice that is to form part of the title of the proceedings for the purposes of all documents in the proceedings after that determination.
(
a ) a person is required under these Regulations to serve on another person a notice signed by the Registrar and sealed;(
b )a form of notice is properly presented to the Registrar; and(
c ) a copy of the form of notice is lodged with the Registrar,
the Registrar shall sign, seal and return the form of notice and complete and retain the copy.
(2.) Where—
(
a ) several forms of notice are properly presented to the Registrar;(
b ) the Registrar is satisfied that the forms of notice are, except in relation to the names and addresses of the persons to whom the notices are directed, in identical terms; and(
c ) a copy of one of the forms of notice is lodged with the Registrar together with a document setting out the names and addresses of the persons to whom the other notices are directed,
the last preceding sub-regulation applies as if a copy of each form of notice had been lodged with the Registrar.
(2.) A person who has filed notice of an address for service under this regulation may at any time file notice of a new address for service, and a reference in these Regulations to notice of an address for service filed in pursuance of this regulation shall, in relation to a person who has filed more than one such notice, be read as a reference to the later or latest of those notices,
(3.) Where a party files a notice referred to in the last preceding sub-regulation, he shall forthwith serve a copy of the notice on the Commissioner.
(
a )where the person has filed notice of an address for service in pursuance of the last preceding regulation—by delivering the document to the person personally or by delivering the document at, or by sending the document by registered post addressed to the person at, that address;(
b ) where the person is the Commissioner—by delivering the document at, or by sending the document by registered post addressed to the Commissioner at, any office of the Commissioner; or(
c ) in any other case—(i) where the person is a corporation—by delivering the document personally to the manager or secretary of the corporation, or, if the corporation has a registered office under a law of a State or Territory of the Commonwealth, by leaving it at that office or by posting it by registered post addressed to the corporation at that office or, if the corporation does not have such a registered office, by posting it by registered post addressed to the corporation at its principal place of business in Australia; or
(ii) where the person is not a corporation—by delivering the document to the person or by sending the document by registered post addressed to the person at the last address of the person known to the person serving the document.
(2.) Subject to the next succeeding sub-regulation, the Tribunal constituted by a presidential member may, in relation to any proceedings before the Tribunal, give such directions as it thinks fit in relation to the time within which, and the manner in which, a document is to be served.
(3.) The Tribunal shall not give a direction under the last preceding sub-regulation in relation to the service of—
(
a ) a notice or document referred to in sub-section (6.) of section 47 of the Act; or(
b ) a summons referred to in section 82 of the Act.
(4.) Subject to any direction of the Tribunal to the contrary, proof of the service of any document shall be given by means of a statutory declaration.
(2.) The original of each document referred to in the last preceding sub-regulation shall be filed by the Registrar in the records of the Tribunal.
(
a ) in relation to proposed proceedings—on the application of the Commissioner: or(
b )in relation to proceedings that have been instituted—on the application of the Commissioner or of another party to the proceedings,
make an order directing that specified persons, being persons having a common interest in the proceedings, be represented in the proceedings by a person specified in the order.
(2.) The jurisdiction of the Tribunal under the last preceding sub-regulation may be exercised by the Tribunal constituted by a presidential member.
(3.) Notice of an application under sub-regulation (1.) of this regulation shall be served by the applicant on such persons as the Tribunal directs.
(4.) An order referred to in sub-regulation (1.) of this regulation in relation to proposed proceedings shall be expressed to be subject to a condition that the proceedings are instituted on or before a day specified in the order and has effect subject to that condition.
(5.) Where an order is made under sub-regulation (1.) of this regulation in relation to proceedings that have been instituted, the person specified in the order as representing the persons having a common interest in the proceedings shall, by force of the order, if he is not already a party to the proceedings, become a party to the proceedings.
(6.) An order under sub-regulation (1.) of this regulation with respect to the representation of persons in proceedings under section 47 of the Act continues to be effective for the purposes of any proceedings under Division 3 of Pan VI. of the Act consequential upon the first-mentioned proceedings.
(7.) Where the Tribunal has made an order under sub-regulation (1.) of this regulation, the Tribunal may direct that notice be given either publicly or otherwise of the making of the order and may give directions as to the form of that notice.
(8.) Where, in pursuance of an order made under sub-regulation (1.) of this regulation, a person who is a party to proceedings is to be represented in those proceedings by the person specified in the order, that first-mentioned person ceases, by virtue of the order, unless the Tribunal otherwise directs, to be a party to the proceedings.
(2.) Where a party, other than the Commissioner, files a notice referred to in the last preceding sub-regulation, he shall forthwith serve a copy of the notice on the Commissioner.
(3.) Where a person who has been authorized by a party (whether the person is himself a party or not) signs a notice referred to in sub-regulation (1.) of this regulation on behalf of the party, the notice shall stale the authority of that person to act on behalf of that party in signing the notice and there shall be filed with the notice a statutory declaration verifying that statement.
(
a ) in the case of proceedings relating to an examinable agreement—a document in accordance with Form 2; or(
b )in the case of proceedings relating to an examinable practice—a document in accordance with Form 3.
(
a ) the Commissioner; and(
b )such persons as the Commissioner specifies as parties to the proceedings in the document by which the proceedings are instituted.
(2.) Subject to the next succeeding sub-regulation, where the Commissioner institutes proceedings under section 47 of the Act in relation to an examinable agreement, the Commissioner shall specify as parties to the proceedings in the document by which proceedings are instituted all persons whom he has reason to believe are parties to the agreement at the time when the proceedings are instituted.
(3.) The Commissioner is not required to specify as a party to the proceedings—
(
a )a person who has been specified in an order under regulation 19 of these Regulations as a person who is to be represented in the proposed proceedings by a person specified in that order; or(
b ) a person who, to the best of the Commissioner’s knowledge and belief, has no address in Australia where a notice of proceedings referred to in the next succeeding regulation could be served on him in accordance with sub-regulation (1.) of regulation 17 of these Regulations.
(4.) The Commissioner shall file with the document by which proceedings are instituted in relation to an examinable agreement a statutory declaration verifying that he has complied with sub-regulations (2.) and (3.) of this regulation.
(
a ) shall be in accordance with Form 4;(
b ) shall be signed by the Registrar and sealed; and(
c ) shall have attached to it a copy of the document by which the proceedings were instituted.
(2.) The dates to be inserted in paragraphs 3 and 4 of a notice of proceedings shall be such dates as the President fixes.
(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.) Without limiting the generality of the last preceding sub-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 ) the nature of the detriment to the public interest that the Commissioner will request the Tribunal to take into account in considering whether a restriction or practice is contrary to the public interest;(
d ) the matters that the parties other than the Commissioner will request the Tribunal to take into account in considering whether a restriction or practice is contrary to the public interest;(
e ) the possibility of agreement by the parties on, or admission by a party of, facts or documents;(
f ) whether it is desirable for a party to furnish to the Tribunal or to another party preliminary statements of facts and contentions;
(
g ) 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;(
h ) 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;(
i ) 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;(
j ) whether it is desirable for a list of documents referred to in paragraph (g ) of this sub-regulation, a copy of a document referred to in paragraph (h ) of this sub-regulation or written answers referred to in paragraph (i ) of this sub-regulation to be verified by statutory declaration or authenticated in some other way;(
k ) 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;(
l ) the manner in which evidence in relation to particular matters will be presented at the hearing of the proceedings;(
m )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(
n ) the planning of the conduct of the proceedings, including whether it is desirable to conduct the hearing of the proceedings in stages.
(5.) 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 such directions to the parties as he thinks fit 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.
(6.) 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 (
(7.) A party who does not furnish to the Registrar a notice in accordance with paragraph 4 of Form 4 is not, unless the Tribunal otherwise directs, entitled to receive any further notices in relation to the proceedings.
(2.) Where a notice under sub-section (2.) of section 17 of the Act has been filed in relation to the proceedings, the Commissioner shall lodge one copy only of the documents referred to in the last preceding sub-regulation.
(2.) Subject to sub-section (2.) of section 77 of the Act, the parties to the proceedings on an application to a Review Division are the persons who were parties to the proceedings in which the determination to which the application relates was made.
(3.) A person who makes an application under section 63 of the Act shall cause notice of the application to be served on all the parties to the proceedings.
(4.) A notice of an application referred to in the last preceding sub-regulation—
(
a )shall be in accordance with Form 6;(
b )shall be signed by the Registrar and sealed; and(
c ) shall have attached to it a copy of the application.
(5.) A person who makes an application referred to in sub-regulation (1.) of this regulation shall, not less than five days before the commencement of the hearing by the Review Division, lodge with the Registrar three copies of—
(
a ) the application;(
b ) the determination in respect of which the application is made; and (c ) the reasons stated by the Tribunal for making the determination.
(2.) A notice under the last preceding sub-regulation—
(
a )shall be in accordance with Form 7;(
b )shall be signed by the Registrar and sealed; and(
c ) shall have attached to it a copy of the order of the Review Division.
(3.) Subject to sub-section (2.) of section 77 of the Act, the parties to the proceedings for the reconsideration of the determination are the persons who were the parties to the proceedings before the Review Division.
(4.) Subject to the next succeeding sub-regulation, the party on whose application the order of the Review Division was made shall lodge with the Registrar, no less than five days before the commencement of the hearing of the proceedings for reconsideration of the determination, three copies of the order of the Review Division.
(5.) Where a notice has been filed under sub-section (2.) of section 17 of the Act in relation to the proceedings, the person shall lodge one copy only of the order referred to in the last preceding sub-regulation.
(2.) The President shall fix a time and place for a preliminary hearing of the application and the Registrar shall notify the applicant of the time and place so fixed.
(3.) On the preliminary hearing, the presidential member constituting the Tribunal for the purposes of the application may—
(
a )refuse leave; or(
b )fix a time and place for a further hearing of the application for leave and direct the applicant to cause notice of the time and place so fixed to be served on such persons as the presidential member specifies.
(4.) A notice under the last preceding sub-regulation—
(
a )shall be in accordance with Form 9;(
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.
(5.) Subject to sub-section (2.) of section 77 of the Act, the parties to the proceedings on the application for leave are the applicant and the persons on whom the presidential member has directed notice of the hearing to be served.
(6.) Where on the hearing of an application for leave the presidential member grants leave, he shall direct the applicant to cause notice of any application the applicant makes in pursuance of the leave to be served on such persons as the presidential member specifies.
(2.) Subject to sub-section (2.) of section 77 of the Act, the parties to the application shall be the applicant and the persons specified in the direction given by the presidential member under sub-regulation (6.) of the last preceding regulation.
(3.) 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.
(4.) The applicant shall cause notice of the application to be served on the other parties to the application.
(5.) The notice of application referred to in the last preceding sub-regulation—
(
a )shall be in accordance with Form 11;(
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.
(6.) Subject to the next succeeding sub-regulation, the applicant shall, not less than five days before the commencement of the hearing of an application referred to in sub-regulation (1.) of this regulation, lodge with the Registrar three copies of—
(
a ) the order granting leave to make the application;(
b )the application; and(
c ) the determination or order to which the application relates.
(7.) Where a notice has been filed under sub-section (2.) of section 17 of the Act, the applicant shall lodge one copy only of each of the documents referred to in the last preceding sub-regulation.
(2.) Subject to any direction of the Tribunal to the contrary, evidence in support of an application referred to in the last preceding sub-regulation shall be given by means of a statutory declaration.
(3.) 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.
(4.) Subject to sub-section (2.) of section 77 of the Act, the Commissioner shall be the only party to the proceedings on the application.
(2.) The President shall fix a time and place for the hearing of an application referred to in the last preceding sub-regulation and specify the persons upon whom notice of the application is to be served.
(3.) The Commissioner shall cause notice of the application to be served on the persons specified by the President.
(4.) The notice referred to in the last preceding sub-regulation—
(
a ) shall be in accordance with Form 14;(
b ) shall be signed by the Registrar and sealed; and(
c ) shall have attached to it a copy of the application.
(5.) Subject to sub-section (2.) of section 77 of the Act, the parties to the proceedings on the application shall be the Commissioner and any person specified by the President under sub-regulation (2.) of this regulation.
(2.) Where the applicant will seek to satisfy the
Tribunal of the matters referred to in paragraph (
(3.) 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.
(4.) The applicant shall as soon as practicable cause notice of the application to be served on the Commissioner.
(5.) A notice of application referred to in the last preceding sub-regulation—
(
a ) shall be in accordance with Form 16;(
b ) shall be signed by the Registrar and sealed; and(
c ) shall have attached to it a copy of the application and, if a statutory declaration has been filed in accordance with sub-regulation (2.) of this regulation, a copy of that statutory declaration.
(6.) Subject to sub-section (2.) of section 77 of the Act, the parties to the proceedings shall be the applicant and the Commissioner.
(2.) When a copy of the order of the Court has been filed in pursuance of the last preceding sub-regulation, the President shall fix a time and place for the resumption of the hearing of the proceedings and shall direct that notice of the resumption of the hearing be served on the parties to the proceedings, or on such of those parties as he thinks fit.
(3.) The Registrar shall notify the party by whom the proceedings before the Tribunal were instituted of the time and place fixed by the President for the resumption of the hearing and of the parties upon whom the President directed that notice should be served and that party shall cause notice of the resumption of the hearing to be served on those parties.
(4.) Subject to the next succeeding sub-regulation, the party who instituted the proceedings before the Tribunal shall, not less than five days before the date fixed for the resumption of the hearing of the proceedings, lodge with the Registrar three copies of the order of the Court referred to in sub-regulation (1.) of this regulation.
(5.) Where a notice has been filed under sub-section (2.) of section 17 of the Act, the party shall lodge one copy only of the order referred to in the last preceding sub-regulation.
(2.) Subject to any direction of the Tribunal to the contrary, evidence in support of an application referred to in the last preceding sub-regulation shall be given by means of a statutory declaration.
(3.) The President shall fix a time and place for the hearing of an application referred to in sub-regulation (1.) of this regulation and shall specify the persons upon whom notice of the application is to be served.
(4.) The applicant shall cause notice of the application to be served on the persons specified by the President.
(5.) The notice referred to in the last preceding sub-regulation—
(
a )shall be in accordance with Form 18;(
b ) shall be signed by the Registrar and sealed; and(
c ) shall have attached to it a copy of the application.
(6.) Subject to sub-section (2.) of section 77 of the Act, the parties to the application shall be the applicant and any person specified by the President under sub-regulation (3.) of this regulation.
(2.) A summons under section 72 of the Act shall be served on a person by—
(
a ) delivering a copy of the summons to the person personally; and(
b )showing the summons to the person at the time at which the copy is delivered to him.
(2.) Proceedings to which regulation 21 or sub-regulation (1.) of regulation 26 of these Regulations is applicable shall not be continued if a party to the proceedings has failed to comply with that regulation or that sub-regulation, as the case may be.
Part IV.—Overseas Cargo Shipping
(
a ) by delivering the notice personally to the manager or secretary of the corporation; or(
b )by leaving it at or by posting it by registered post addressed to the shipowner at—(i) if the shipowner has a registered office in Australia under a law of a State or Territory of the Commonwealth—that office; or
(ii) if the shipowner docs not have such an office—the office (whether in Australia or elsewhere) that, in the opinion of the Minister, is the principal office of the shipowner.
(
a ) by leaving the document or documents, together with the statutory declaration required by that section, with a person in attendance at the office of the Clerk; or(
b )by sending the document or documents, together with that statutory declaration, from a place in Australia by registered post addressed to the Clerk at the office of the Clerk.
(2.) A document that has been sent in accordance with
paragraph (
(3.) A person furnishing particulars of an agreement, or of a variation or determination of an agreement, in accordance with sub-regulation (1.) of this regulation shall lodge with the document or documents containing the particulars a memorandum setting out—
(
a ) the name and address of the person by whom the particulars are furnished;(
b )a brief description of the document or documents containing the particulars;(
c ) a statement that the document containing the particulars is, or the documents containing the particulars are, accompanied by a statutory declaration verifying the document or documents; and(
d )the name and address of the person making the statutory declaration.
(4.) Where the statutory declaration verifying the document or documents containing the particulars is made by a person authorized by the person furnishing the particulars, the declaration shall include—
(
a ) a statement that the person making the statutory declaration is authorized by the person furnishing the particulars to make that declaration; and(
b ) a statement of the facts and circumstances by reason of which the person making the statutory declaration is competent to make that declaration.
Part V.—Miscellaneous
(2.) Where the time prescribed by or allowed under these Regulations for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day on which the office of the Registrar is closed, the act may be done or the proceeding may be taken on the first day following that is not a Saturday, Sunday or day on which that office is closed.
(2.) A reference in the Second Schedule to these Regulations to “canned deciduous fruits” means canned fruits being canned apricots, canned peaches, canned pears or canned mixed fruits having a fruit content not less than fifty-five per centum of which consists of one or more of the fruits specified in this definition.
(2.) Subject to the next succeeding sub-regulation,
an application by a person under paragraph (
(3.) An application by a person under paragraph (
Item | Fee |
$ | |
Inspection of a document or of a report— | |
per hour or part of an hour............................................................................................. | 1.00 |
Copy of a document or of a report— | |
per page.......................................................................................................................... | 0.50 |
Certified copy of a document or of a report— | |
per page.......................................................................................................................... | 0.50 |
and, in addition.............................................................................................................. | 5.00 |
(2.) A party to proceedings or a person represented at an inquiry under section 90X of the Act may inspect any documents relating to the proceedings or the inquiry, including the report of the Tribunal on the inquiry, and may receive one certified copy of any such document or of the report, without charge.
THE SCHEDULES
––––
FIRST SCHEDULE
Form 1 Regulation 13.
TITLE OF PROCEEDINGS
Commonwealth of Australia
In the Trade Practices Tribunal
File No.
First Schedule—
Form 2 Regulation 21.
(
INSTITUTION OF PROCEEDINGS UNDER SECTION 47 IN RESPECT OF EXAMINABLE AGREEMENT
The Commissioner of Trade Practices, having reason to
believe that an examinable agreement, particulars of which are set out in the
Schedule below, exists (
2. The following persons are specified as parties to the proceedings:—
(
* 3. Leave to institute these proceedings was granted by the Trade Practices Tribunal on
the day of , 19 .
*
3. A direction under sub-section (2.) of section 61 of the Act was given by the
Tribunal in respect of the abovementioned restriction (
THE SCHEDULE
(
day of , 19 .
Commissioner of Trade Practices
–––––
Form 3 Regulation 21.
(
INSTITUTION OF PROCEEDINGS UNDER SECTION 47 IN RESPECT OF EXAMINABLE PRACTICE
The
Commissioner of Trade Practices, having reason to believe that (
2. The following persons are specified as parties to the proceedings:—
(
* 3. Leave to institute these proceedings was granted by the Trade Practices Tribunal on
the day of , 19 .
*3. A direction under sub-section (2.)of section 61 of the Act was given by the Tribunal in respect of the abovementioned practice on the day of , 19 .
THE SCHEDULE
(
day of 19 .
Commissioner of Trade Practices
First
Schedule—
Form 4 Regulation 23.
(
NOTICE OF THE INSTITUTION OF PROCEEDINGS UNDER SECTION 47
To
(
TAKE
NOTICE that the Commissioner of Trade Practices has, under section 47 of the
2. A copy of the document by which the proceedings were instituted is attached.
3. In
accordance with regulation 24 of the Trade Practices Regulations, a preliminary
conference in relation to the proceedings, to be presided over by a
presidential member of the Tribunal, will be held at (
4. If you wish to participate in the preliminary conference, you should, not later
than , 19 , deliver to the Registrar of the Tribunal a written notice stating—
(
(
b )the name of the person by whom you intend to be represented (or that you will attend in person); and(
c )an address at which documents may be served on you for the purposes of the proceedings,
and serve a copy of that notice on the Commissioner.
5. 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. Particular matters and questions that may be raised for consideration at the conference are referred to in regulation 24 (4.) of the Trade Practices Regulations, the terms of which are set out below.
6. You may be represented at the preliminary conference in accordance with section 76 of the Act, the terms of which are set out below.
7. If you do not furnish the notice referred to in paragraph 4, it will be assumed that you do not propose to take part in the preliminary conference or the proceedings that follow and, by virtue of regulation 24 (7.) of the Trade Practices Regulations, no further notices in relation to the proceedings will be given to you.
8. Your attention is drawn to regulation 16 of the Trade Practices Regulations which provides that a person shall not be permitted to take any step in, or be heard at the hearing of, proceedings before the Tribunal unless he gives to the Registrar written notice of an address at which documents may be served on him for the purposes of the proceedings and serves a copy of that notice on the Commissioner.
Dated this day of , 19
Registrar of the Trade
Practices Tribunal
–––––––––
(
First
Schedule—
Form 5 Regulation 26.
(
APPLICATION FOR AN ORDER OF A REVIEW DIVISION
* The Commissioner of Trade Practices hereby applies
*
I, (
far an order of a Review Division of the Tribunal directing a reconsideration of the determination of the Tribunal dated the day of , 19 .
(File No.).
2. The grounds of this application are as follows:—
(
(
a )if the ground in paragraph (a )of the sub-section is relied upon, the other decision of the Tribunal and the nature of the alleged inconsistency; (
b )if the ground in paragraph (b )of the sub-section is relied upon, the matters by reason of which it is claimed that the determination is of such imporance that, in the public interest, it should be reconsidered; (
c )if the ground in paragraph (c )is relied upon, the material error of law alleged to have been made by the Tribunal. )
Dated this day of , 19.
Applicant
––––––
Form 6 Regulation 26.
(
NOTICE OF APPLICATION FOR AN ORDER OF A REVIEW DIVISION
To (
TAKE
NOTICE that (
2. A copy of the application is attached.
3. The application will be
heard by the Tribunal at (
day of , 19 .
Registrar of the Trade
Practices Tribunal
––––––
Form 7 Regulation 27.
(
NOTICE OF HEARING OF PROCEEDINGS FOR RECONSIDERATION OF
DETERMINATION
To
(
day of , 19
, (File No. ) in accordance with the order of
the Review Division dated the day of , 19 , will be heard by the Tribunal at (
2. A copy of the order of the Review Division is attached.
Dated this day of , 19 .
Registrar of the Trade
Practices Tribunal
First
Schedule—
Form 8 Regulation 28.
(
APPLICATION FOR LEAVE UNDER SECTION 58
*The Commissioner of Trade Practices hereby applies—
*
I, (
for leave to make an
application under section 58 of the
Insert whichever is applicable.
day of , 19 , (File No. ).
day of , 19 , (File No. ) and the order (
2. Since the making of the
determination (
(
day of , 19 .
Applicant
––––––
Form 9 Regulation 28.
(
NOTICE OF APPLICATION FOR LEAVE UNDER SECTION 58
To (
TAKE
NOTICE that (
2. A copy of the application is attached.
3. The application will be
heard by the Tribunal at (
day of , 19 , at o’clock in the noon.
4. At a preliminary hearing on the day of 19 , the Tribunal directed the applicant to cause notice of the time and place fixed for the hearing of the application to be served on you and by virtue of that direction you are a party to the proceedings on the application.
day of , 19 .
Registrar of the Trade
Practices Tribunal
––––––
Form 10 Regulation 29.
(
APPLICATION FOR AN ORDER UNDER SECTION 58
* The Commissioner of Trade Practices hereby applies—
*
I, (
for an order under
section 58 of the
day of 19 . (File No. ).
the determination made by the Tribunal on the day of , 19 (File No .) and the order (
2. Leave to make this application was granted by the Trade Practices Tribunal on the day of , 19 .
day of , 19 .
Applicant
First
Schedule—
Form 11 Regulation 29.
(
NOTICE OF APPLICATION FOR AN ORDER UNDER SECTION 58
To (
TAKE
NOTICE that (
2. A copy of the application is attached.
3. The application will be
heard by the Tribunal at (
day of , 19 .
Registrar of the Trade
Practices Tribunal
––––––
Form 12 Regulation 30
(
APPLICATION FOR LEAVE TO FILE A CERTIFICATE UNDER SECTION 59 (1.)
The
Commissioner of Trade Practices, being satisfied that the restriction under an
examinable agreement (
*2.
A direction under section 61 (2.) of the
THE SCHEDULE
(
day of , 19 .
Commissioner of Trade Practices
––––––
Form 13 Regulation 30.
(
APPLICATION FOR LEAVE UNDER SECTION 59 (3.)
The Commissioner of Trade Practices hereby applies for leave to revoke the certificate that was, on the day of , 19 , by leave of the Trade Practices Tribunal, filed with the Registrar and of which a copy is attached.
2. Since that certificate was filed there has been the following change in circumstances:—
(
Dated this day of , 19 .
Commissioner of Trade Practices
––––––
Form 14 Regulation 31.
(
NOTICE OF APPLICATION UNDER SECTION 59 (3.)
To (
TAKE
NOTICE that the Commissioner of Trade Practices has, under section 59 (3.) of
the
2. A copy of the application is attached.
3. The application will be
heard by the Tribunal at (
day of , 19 .
Registrar of the Trades
Practices Tribunal
First Schedule—
Form 15 Regulation 32.
(
APPLICATION FOR AN ORDER UNDER SECTION 61
I,
(
* a
person who is (
2. The applicant will seek
to satisfy the Tribunal of the matters referred to in paragraph (
THE SCHEDULE
(
day of , 19 .
Applicant
–––––
Form 16 Regulation 32.
(
NOTICE OF APPLICATION FOR AN ORDER UNDER SECTION 61
To the Commissioner of Trade Practices.
TAKE
NOTICE that (
2. A copy of the application is attached.
3. The application will be
heard by the Tribunal at (
day of , 19 .
Registrar of the Trade
Practices Tribunal
–––––
Form 17 Regulation 34.
(
APPLICATION
* The Commissioner of Trade Practices hereby applies—
*
I, (
to the Trade Practices
Tribunal for (
2
(
day of , 19 .
Applicant
First Schedule—
Form 18 Regulation 34.
(
NOTICE OF APPLICATION
To (
TAKE
NOTICE that (
2. A copy of the application is attached.
3. The application will be
heard by the Tribunal at (
day of , 19 .
Registrar of the Trade
Practices Tribunal
Form 19 Regulation 35.
(
SUMMONS TO WITNESS
To (
You
are hereby summoned to attend before the Trade Practices Tribunal at (
2.You are required to attend before the Tribunal for the purpose of giving evidence in the proceedings.
* 3. You are required to bring with you and produce the following documents:—
(
Dated this day of , 19 .
President
(
––––––––
SECOND SCHEDULE Regulation 45.
ORGANIZATIONS AND BODIES EXEMPTED FROM ACT IN PURSUANCE OF SECTION 106 (2.)
Organization or body | Agreements or practices to be exempted |
Ricegrowers’ Co-operative Mills Limited................................... | All agreements and practices |
The Australian Canners’ Association........................................... |
|
Australian Dairy Industry Council................................................ | All agreements and practices |
The Australian Dried Fruits Association..................................... | All agreements and practices |
| All agreements and practices |
The Council of Egg Marketing Authorities of Australia.......... | All agreements and practices |
–––––––––––––––––––
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
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