Trade Practices Revision Act 1986
No. 17 of 1986
TABLE OF PROVISIONS
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE TRADE PRACTICES ACT 1974
3. Principal Act
4. Interpretation
5. Consumers
6. Exclusionary provisions
7. Severability
8. Extended application of Parts IV and V
9. Additional operation of Act
10. Acting Chairman
11. Repeal of section 17 and substitution of new section—
17. Disclosure of interests by members
12. Meetings of Commission
13. Commission to comply with directions of Minister and requirements of the Parliament
14. Repeal of section 40 and substitution of new section—
40. Disclosure of interests by members of Tribunal
15. Contracts, arrangements or understandings restricting dealings or affecting competition
16. Convenants in relation to prices
17. Misuse of market power
18. Mergers and other acquisitions
19. Insertion of new section
50a. Acquisitions outside Australia
20. Exceptions
TABLE OF PROVISIONS—continued
Section
21. Insertion of new section
51a. Interpretation
22. Insertion of new section
52a. Unconscionable conduct
23. False or misleading representations
24. False representations and other misleading or offensive conduct in relation to land
25. Repeal of section 53b and substitution of new sections—
53b. Misleading conduct in relation to employment
53c. Cash price to be stated in certain circumstances
26. Bait advertising
27. Repeal of section 58 and substitution of new section—
58. Accepting payment without intending or being able to supply as ordered
28. Misleading representations about certain business activities
29. Repeal of section 60 and substitution of new section—
60. Harassment and coercion
30. Pyramid selling
31. Repeal of sections 62, 63 and 63aa
32. Unsolicited credit and debit cards
33. Assertion of right to payment for unsolicited goods or services or for making entry in directory
34. Liability of recipient of unsolicited goods
35. Insertion of new Division—
Division 1a—Product Safety and Product Information
65b. Warning notice to public
65c. Product safety standards and unsafe goods
65d. Product information standards
65e. Power of Minister to declare product safety or information standards
65f. Compulsory product recall
65g. Compliance with product recall order
65h. Loss or damage caused by contravention of product recall order
65j. Opportunity for conference to be afforded before certain powers exercised
65k. Recommendation after conclusion of conference
65l. Exception in case of danger to public
65m. Conference after goods banned
65n. Recommendation after conclusion of conference
65p. Minister to have regard to recommendation of Commission
65q. Power to obtain information, documents and evidence
65r. Notification of voluntary recall
65s
Overview
The Trade Practices Revision Act 1986 was enacted by the Parliament of Australia to make various amendments to the Trade Practices Act 1974, thereby addressing gaps and issues in the existing regulatory framework. This Act aimed to strengthen the regulation of trade practices, ensuring fairer competition and better protection for consumers. It introduced new provisions to tackle anti-competitive practices, provided enhanced mechanisms for consumer protection, and updated various definitions and procedures to reflect contemporary business practices and legal standards. By revising the Trade Practices Act, the Trade Practices Revision Act sought to adapt the legislative framework to better meet the evolving needs of the Australian market and consumer protection.
Scope and Application
The Trade Practices Revision Act 1986 (Cth) is an Act that amends the Trade Practices Act 1974 (Cth) to address various issues related to trade practices in Australia. The Act applies to corporations, natural persons, and other entities engaged in trade or commerce in Australia, as well as conduct and transactions occurring within Australia or having an impact on Australian markets. The Act extends to both domestic and international trade practices, with specific provisions addressing conduct that occurs outside of Australia but has implications within Australia. The Act generally does not exclude or modify the application of its provisions, but certain exclusions and thresholds apply, such as the requirement for Ministerial consent in specific circumstances. The Act also allows for the extension of its application through subordinate instruments, such as regulations and declarations made by the Minister.
Key Provisions
- The Trade Practices Revision Act 1986 amends the Trade Practices Act 1974 (TPA) to enhance the regulation of trade practices and ensure consumer protection. The Act introduces several new sections and modifies existing provisions to address various aspects of trade practices, including market power, acquisitions, consumer protection, and enforcement mechanisms.
- Key provisions include:
- 1. **Market Power and Acquisitions:**
- - Section 46 amends the definition of market power, clarifying that a corporation has substantial power if it can eliminate or damage competitors, prevent entry into a market, or deter competitive conduct. This applies not only to the corporation but also to related bodies corporate.
- - Section 50a addresses acquisitions outside Australia that may result in a person dominating a substantial market in Australia. The Tribunal can declare such acquisitions contrary to the public interest if they substantially strengthen the acquirer's market power.
- 2. **Consumer Protection:**
- - Section 52a prohibits unconscionable conduct in trade or commerce, particularly in the supply of goods or services to consumers. The court may consider factors such as bargaining positions, undue influence, and the consumer's understanding of the transaction.
- - New provisions under Division 1a (Product Safety and Product Information) mandate compliance with safety and information standards for consumer goods. The Minister can issue warnings, declare unsafe goods, and impose bans on dangerous products. Corporations must comply with these standards to avoid liability for injuries caused by non-compliance.
- 3. **Enforcement and Penalties:**
- - The Act strengthens enforcement by allowing the Minister to obtain information, documents, and evidence related to unsafe goods. Failure to comply can result in fines and imprisonment.
- - New offences and penalties are introduced for non-compliance with product safety and information standards, including fines up to $10,000 for corporations and $2,000 for individuals, along with potential imprisonment.
- 4. **Legal and Administrative Provisions:**
- - The Act modifies the procedure for applications for authorisations, requiring the Australian Competition and Consumer Commission (ACCC) to determine applications within 45 days. Failure to determine an application within this period results in the authorisation being deemed granted.
- - It also updates the public register maintained by the ACCC to include records of conferences held under certain sections and recommendations made by the Commission.
- 5. **Miscellaneous Amendments:**
- - The Act makes various amendments to the TPA, including changes to the definition of "consumer," modifications to the application of certain provisions, and updates to the procedures for authorisations and reviews.
- Overall, the Trade Practices Revision Act 1986 aims to strengthen the regulation of trade practices, enhance consumer protection, and ensure that corporations comply with safety and information standards for consumer goods.
- Area of Law
- Competition Law
- Consumer Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Offence Provisions
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
