Restrictive Trade Practices Regulations (Amendment)

Overview

Statutory Rules 1973 No. 55, enacted under the Restrictive Trade Practices Act 1971-1972, address the need for timely amendments to regulations to ensure effective enforcement and administration of the Act. The Act was introduced to combat restrictive trade practices that undermine fair competition and consumer welfare. The enacting body responsible for these regulations is the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective, as embedded in these regulations, is to adapt administrative provisions such as allowances to meet current economic conditions, ensuring that the Commissioner can effectively carry out their duties. This amendment, which increases the travelling allowance from twenty-eight dollars to thirty-four dollars, is applied retroactively to cover travel undertaken on or after the seventeenth of May, 1972, reflecting an effort to maintain the practical and financial viability of regulatory enforcement.

Scope and Application

The Restrictive Trade Practices Regulations, as amended by Statutory Rules 1973 No. 55, pertain to the administration and enforcement of the Restrictive Trade Practices Act 1971-1972. These regulations apply to the Commissioner, who is responsible for overseeing and implementing the Act, particularly in relation to the payment of travelling allowances. The amendment to the regulations, which increase the specified allowance from twenty-eight dollars to thirty-four dollars, affects the compensation provided to the Commissioner for travel expenses incurred from the seventeenth of May, 1972, onwards. The regulations are framed under the Commonwealth jurisdiction and apply nationwide, thereby ensuring uniform standards and practices in the enforcement of restrictive trade practices across Australia. There are no specific exclusions or exemptions outlined in these particular regulations, but the overarching Act may contain provisions that determine the applicability of its restrictions to various entities and industries. The scope of the Act can be further extended or specified through subordinate instruments, which may introduce additional regulations or clarifications to support the administration of the Act.

Key Provisions

The main operative sections of the Restrictive Trade Practices Regulations, as amended by Statutory Rules 1973 No. 55, primarily focus on modifying the travelling allowance payable to the Commissioner under the Restrictive Trade Practices Act 1971-1972. Specifically, Regulation 5(1) has been amended to adjust the travelling allowance from Twenty-eight dollars to Thirty-four dollars (section 1). This amendment applies to allowances paid or payable to the Commissioner from the seventeenth day of May, 1972, onwards (section 2). These Regulations impose specific financial obligations on the entities governed by them. Under the amended Regulation 5(1), the travelling allowance payable to the Commissioner has been increased from Twenty-eight dollars to Thirty-four dollars. This adjustment ensures that the Commissioner receives a higher allowance for travel expenses starting from the specified date, thereby reflecting an updated financial commitment to support the Commissioner's travel-related expenses. There are no explicit provisions detailing offences, penalties, or civil/criminal consequences for breaches of these Regulations within the text provided. The focus of the Regulations is strictly on financial adjustments rather than enforcement or punitive measures. Consequently, the primary concern is the accurate application of the amended allowance rates as per the stipulated dates, with no additional penalties or consequences outlined for non-compliance in the provided sections.