Trade Practices Legislation Amendment
Act 1992
No. 222 of 1992
TABLE OF PROVISIONS |
Section | |
1. | Short title |
2. | Interpretation |
3. | Contracts, arrangements or understandings that restrict dealings or affect competition |
4. | Misuse of market power |
5. | Misuse of market power—corporation with substantial degree of power in trans-Tasman market |
6. | Prohibition of acquisitions that would result in a substantial lessening of competition |
7. | Acquisitions that occur outside Australia |
8. | Unconscionable conduct |
9. | Insertion of new Part: |
| PART IVA—UNCONSCIONABLE CONDUCT |
| 51AA. Unconscionable conduct within the meaning of the unwritten law of the States and Territories |
10. | Pecuniary penalties |
11. | Offences against Part V |
12. | Divestiture |
13. | Insertion of new section: |
| 87B. Enforcement of undertakings |
14. | Power of Commission to grant authorisations |
15. | Procedure for applications |
16. | Determination of applications for authorisations |
17. | Register of notifications |
18. | Functions and powers of Tribunal |
TABLE OF PROVISIONS—continued
Section | |
19. | Other amendments of the Principal Act |
20. | Amendment of other Acts |
21. | Application of the merger amendments |
SCHEDULE 1
OTHER AMENDMENTS OF THE PRINCIPAL ACT
SCHEDULE 2
AMENDMENTS OF OTHER ACTS
Trade Practices Legislation Amendment Act 1992
No. 222 of 1992
An Act to amend the law relating to trade practices
[Assented to 24 December 1992]
[Date of commencement 21 January 1993]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Trade Practices Legislation Amendment Act 1992.
(2) In this Act, “Principal Act” means the Trade Practices Act 19741.
Interpretation
2. Section 4 of the Principal Act is amended by omitting from paragraph (4)(b) “of a body corporate” and substituting “of a person”.
Contracts, arrangements or understandings that restrict dealings or affect competition
3. Section 45 of the Principal Act is amended by omitting from subsection (7) “capital, or any assets, of a body corporate” and substituting “capital of a body corporate or any assets of a person”.
Misuse of market power
4. Section 46 of the Principal Act is amended by inserting after subsection (1) the following subsection:
“(1A) For the purposes of subsection (1):
(a) the reference in paragraph (1)(a) to a competitor includes a reference to competitors generally, or to a particular class or classes of competitors; and
(b) the reference in paragraphs (1)(b) and (c) to a person includes a reference to persons generally, or to a particular class or classes of persons.”.
Misuse of market power—corporation with substantial degree of power in trans-Tasman market
5. Section 46A of the Principal Act is amended by inserting after subsection (2) the following subsection:
“(2A) For the purposes of subsection (2):
(a) the reference in paragraph (2)(a) to a competitor includes a reference to competitors generally, or to a particular class or classes of competitors; and
(b) the reference in paragraphs (2)(b) and (c) to a person includes a reference to persons generally, or to a particular class or…
Overview
The Trade Practices Legislation Amendment Act 1992 (No. 222 of 1992) was enacted by the Parliament of Australia to amend the law relating to trade practices. The Act aims to address gaps and issues in the existing trade practices framework, including updating and strengthening provisions to better regulate anti-competitive behaviour, mergers, and acquisitions. This legislation amends the Trade Practices Act 1974, enhancing the enforcement mechanisms and penalties for various contraventions while also introducing new provisions, such as those concerning unconscionable conduct. The policy objective of the Act is to promote fair competition and protect consumers by ensuring that businesses and corporations do not engage in practices that could substantially lessen competition or result in unfair or deceptive conduct.
Scope and Application
The Trade Practices Legislation Amendment Act 1992 amends the Trade Practices Act 1974, expanding its scope and strengthening its provisions. This Act applies to all corporations and individuals engaged in trade or commerce within Australia, impacting various industries and conduct related to market competition. It extends to acquisitions that occur outside Australia, provided they affect markets within Australian jurisdictions. The Act introduces exclusions and thresholds for certain types of conduct and acquisitions, such as those that might benefit the public through increased exports or domestic production. The application of the Act can be extended or restricted through subordinate instruments, allowing for further specificity in its enforcement.
Key Provisions
- The Trade Practices Legislation Amendment Act 1992 amends the Trade Practices Act 1974, with key changes including the expansion of the scope of entities covered by the Act, the introduction of new provisions related to the misuse of market power, and the prohibition of certain acquisitions that could substantially lessen competition. For example, Section 3 broadens the definition of entities that may be subject to the Act from those with capital or assets of a body corporate to include any person. The Act also introduces new subsections in Section 46 to clarify the scope of competitors and persons affected by misuse of market power. Additionally, Section 6 revises the prohibition on acquisitions that would result in a substantial lessening of competition, requiring consideration of various market factors.
- Entities governed by the Act must comply with these provisions by ensuring that their business practices do not engage in contracts, arrangements, or understandings that restrict dealings or affect competition, do not misuse market power, and do not acquire shares or assets that would substantially lessen competition. The Act imposes obligations such as considering the impact of acquisitions on market competition and avoiding practices that could be deemed unconscionable under state and territory laws.
- Breaches of the Act's provisions can result in significant penalties. Section 10 introduces pecuniary penalties, with fines of up to $10 million for corporations and $500,000 for individuals for each act or omission that breaches the Act. Section 11 outlines criminal offences against Part V, with penalties increased to a maximum of $200,000 for individuals and $40,000 for corporations. Furthermore, Section 12 allows for divestiture orders to remedy acquisitions that substantially lessen competition. These penalties and consequences underscore the importance of compliance with the Act's provisions.
- Area of Law
- Competition Law
- Commercial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Enforcement Powers
- Prohibited Conduct