Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p14
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 37567–40338

of the same conduct.

References in instruments to the Competition Code

"150I.(1) A reference in any instrument to the Competition Code is a reference to the Competition Codes of any or all of the participating jurisdictions.

"(2) Subsection (1) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.

Authorisations etc. under this Act may relate also to Competition Code

"150J. The validity of an authorisation, notification or any other thing given or done for the purposes of this Act is not affected only because it was given or done also for the purposes of the Competition Code.

Gazettal of jurisdictions that excessively modify the Code

"150K.(1) If the Minister is satisfied that the laws of a participating jurisdiction have made significant modifications to the Competition Code in its application to persons within the legislative competence of the participating jurisdiction, the Minister may publish a notice in the Gazette stating that the Minister is so satisfied.

"(2) The Minister may, by further notice in the Gazette, revoke a notice published under subsection (1).".

Power to obtain information, documents and evidence

27. Section 155 of the Principal Act is amended by inserting in subsection (1) "or (3A)" after "93(3)".

Protection of members of Tribunal, counsel and witnesses

28. Section 158 of the Principal Act is amended by omitting from subsection (2) "A barrister, solicitor or other person appearing before the Tribunal on behalf of a person " and substituting "A person appearing before the Tribunal on behalf of a person, or assisting the Tribunal as counsel, ".

Annual report by Commission

29. Section 171 of the Principal Act is amended by adding at the end:

"(2) The report must include a cumulative list of all Commonwealth, State and Territory laws that the Commission knows about that authorise things for the purposes of subsection 51(1) of this Act or subsection 51(1) of the Competition Code (as defined in section 150A).".

Regulations

30. Section 172 of the Principal Act is amended by omitting from subsection (2) "or of the provisions of this Act specified in the regulations" and substituting "(other than Part IV) or of specified provisions of this Act (other than Part IV)".

Addition of Schedule

31. The Principal Act is amended by adding at the end the Schedule set out in Schedule 1 to this Act.

Other amendments

32. The Acts specified in Schedule 2 are amended as set out in that Schedule.

Division 2—Transitional rules

Transitional rule for changes to section 51 exceptions

33.(1) This section applies (in addition to subsection 51(1) of the Principal Act) to conduct taking place before the end of 3 years after the date