Trade Practices Act 1974 - Variation of Declaration No. 66 - Airservices Australia

Overview

The Prices Surveillance Act 1983, enacted by the Commonwealth Parliament, was introduced to address the need for monitoring and controlling prices in the Australian market, particularly in sectors where price stability is crucial for economic efficiency and consumer protection. The Act empowers the government to intervene in instances of price gouging, ensuring that prices remain reasonable and fair, and to maintain economic order and protect consumers from exploitative practices. In line with this, the Act allows for the declaration of specific goods and services that are subject to price surveillance, providing a framework for the regulation of prices to prevent undue inflation and to promote fair trading practices. The legislative instrument, F2008B00401, is a variation of Declaration No. 66 under the Prices Surveillance Act 1983, made by the Assistant Treasurer on 8 August 1995. This amendment was necessitated by the transition from the Civil Aviation Act 1988 to the Air Services Act 1995, thereby updating the relevant authorities from the Civil Aviation Authority to Airservices Australia. This change reflects the policy objective of aligning the legislative framework with the current regulatory environment, ensuring that the surveillance and regulation of prices in the aviation sector remain effective and relevant under the new legislative regime.

Scope and Application

The Prices Surveillance Act 1983 applies to the conduct and transactions of certain entities within Australia and its territories, primarily focusing on monitoring and regulating prices to prevent excessive pricing or price discrimination. This Act extends to any entity involved in the supply of goods and services, including those regulated under specific legislative frameworks such as the Air Services Act 1995. The geographic reach of the Act is national, as it applies across the Commonwealth of Australia, including its territories. The Act’s application is extended or restricted through declarations and subordinate instruments, which can modify the scope to include or exclude specific industries or entities based on changing legislative requirements or economic conditions. In this context, the variation of Declaration No. 66 illustrates how the Act adapts to legislative changes, such as the substitution of references from the Civil Aviation Act 1988 to the Air Services Act 1995 and the corresponding change in regulatory authority from the Civil Aviation Authority to Airservices Australia.

Key Provisions

The Prices Surveillance Act 1983 (the "Act") is an important piece of legislation that allows the Australian government to monitor and control prices of certain goods and services. In this instance, the Assistant Treasurer has varied Declaration No. 66, which was initially published on 24 April 1991. The changes (sections 1(1) and 1(2)) update the legislative references from the Civil Aviation Act 1988 to the Air Services Act 1995 and the relevant authority from the Civil Aviation Authority to Airservices Australia. This ensures that the monitoring and control provisions are aligned with the current legislative framework. The Act imposes specific obligations on entities and parties it governs. Under the updated Declaration No. 66, Airservices Australia now has the authority to monitor and control prices in relation to air services as provided under section 52 of the Air Services Act 1995. This means that Airservices Australia is responsible for ensuring compliance with the price surveillance provisions for the specified services. The Act requires entities to provide information, comply with monitoring and reporting obligations, and adhere to any price controls that are imposed. Failure to comply with the provisions of the Prices Surveillance Act 1983 or the updated Declaration No. 66 may result in both civil and criminal consequences. Civil penalties can include fines up to $22,200 for individuals and $111,000 for bodies corporate, as stipulated under section 19 of the Act. Additionally, the Act provides for criminal penalties, where an individual can be fined up to $111,000 or face imprisonment for up to two years, or both, for serious or repeated breaches. These penalties underscore the importance of compliance and the serious nature of non-compliance with price surveillance requirements.