EXPLANATORY STATEMENT
STATUTORY RULES 1981 NO. 68
TRADE PRACTICES REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister for
Business and Consumer Affairs
The purpose of the accompanying regulation is to make a number of formal amendments to Form G in the Schedule to the Trade Practices Regulations.
Sub-section 93(1) of the Trade Practices Act 1974 provides that a corporation that engages, or proposes to engage, in exclusive dealings may give the Trade Practices Commission notice, as prescribed, setting out particulars of the conduct or proposed conduct.
Regulation 9 of the Trade Practices Regulations provides that a notice under sub-section 93(1) of the Trade Practices Act 1974 shall be in accordance with Form G in the Schedule to the regulations.
Form G presently refers to Regulation 7 of the Trade Practices Regulations and the accompanying regulation removes that incorrect reference and substitutes “Regulation 9”.
The regulation also makes a further amendment to Form G to may it clear that that Form relates to conduct that does or, in the case of proposed conduct, if engaged in will, constitute the practice of exclusive dealing.
This amendment is necessary because it is considered that the current wording of Form G might encourage applicants to notify conduct different from that required to be notified by sub-section 93(1) of the Trade Practices Act 1974.