Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p3
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 11593–14336

as follows:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Trade Practices (Misuse of Trans-Tasman Market Power) Act 1990.

Commencement

2. (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

(2) If this Act does not commence under subsection (1) within the period of 6 months commencing on the day on which it receives the
Royal Assent, it commences on the first day after the end of that period.

PART 2—AMENDMENTS OF THE TRADE PRACTICES ACT 1974

Principal Act

3. In this Part, "Principal Act" means the Trade Practices Act 19741.

Interpretation

4. Section 4 of the Principal Act is amended by inserting in subsection (1) the following definitions:

" 'authority', in relation to a State or Territory (including an external Territory), means:

    (a) a body corporate established for a purpose of the State or the Territory by or under a law of the State or Territory; or

    (b) an incorporated company in which the State or the Territory, or a body corporate referred to in paragraph (a), has a controlling interest;

'New Zealand Commerce Commission' means the Commission established by section 8 of the Commerce Act 1986 of New Zealand;

'New Zealand Crown corporation' means a body corporate that is an instrument of the Crown in respect of the Government of New Zealand;".

Market

5. Section 4e of the Principal Act is amended by inserting "unless the contrary intention appears," after "Act,".

Extended application of Parts IV and V

6. Section 5 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1a) In addition to the extended operation that section 46a has by virtue of subsection (1), that section extends to the engaging in conduct outside Australia by:

  (a) New Zealand and New Zealand Crown corporations; or

  (b) bodies corporate carrying on business within New Zealand; or

  (c) persons ordinarily resident within New Zealand.".

Additional operation of Act

7. Section 6 of the Principal Act is amended by inserting in paragraph (2) (b) "46a," after "46,".

8. After section 46 of the Principal Act the following sections are inserted:

Misuse of market power—corporation with substantial degree of power in trans-Tasman market

"46a. (1) In this section:

'conduct', in relation to a market, means conduct in the market either as a supplier or acquirer of goods or services in the market;

'impact market' means a market in Australia that is not a market exclusively for services;

'market power', in relation to a market, means market power in the market either as a supplier or acquirer of goods or services in the market;

'trans-Tasman market' means a market in Australia, New Zealand or Australia and