Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p1
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 0–2867

TRADE PRACTICES AMENDMENT ACT 1 977

No. 81 of 1977

An Act relating to Trade Practices.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title, &c.
1. (1) This Act may be cited as the Trade Practices Amendment Act 1977.
(2) The Trade Practices Act 1974 is in this Act referred to as the Principal Act.

Commencement.
2. This Act shall come into operation on 1 July 1977.

Repeal of expired commencement provisions.
3. Section 2 of the Principal Act is repealed.
4. Before section 3 of the Principal Act the following section is inserted:—

Application of Act to Commonwealth and Commonwealth authorities.
"2a. (1) Subject to this section, this Act (other than Part X) binds the Crown in right of the Commonwealth in so far as the Crown in right of the Commonwealth carries on a business, either directly or by an authority of the Commonwealth.
"(2) Subject to the succeeding provisions of this section, this Act applies as if—
     (a) the Commonwealth, in so far as it carries on a business otherwise than by an authority of the Commonwealth; and
     (b) each authority of the Commonwealth (whether or not acting as an agent of the Crown in right of the Commonwealth) in so far as it carries on a business,
were a corporation.
"(3) Nothing in this Act renders the Crown in right of the Commonwealth liable to be prosecuted for an offence.
"(4) Part IV does not apply in relation to the business carried on by the Commonwealth in developing, and disposing of interests in, land in the Australian Capital Territory.".

Interpretation.
5. Section 4 of the Principal Act is amended—
     (a) by inserting in sub-section (1), before the definition of "authorization", the following definitions:—
       "'acquire' includes—
           (a) in relation to goods—acquire by way of purchase, exchange or taking on lease, on hire or on hire-purchase; and
           (b) in relation to services—accept;
       'arrive at', in relation to an understanding, includes reach or enter into;
       'authority of the Commonwealth' means—
           (a) a body corporate established for a purpose of the Commonwealth by or under a law of the Commonwealth or a law of a Territory; or
           (b) an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest;";
     (b) by inserting in sub-section (1), after the definition of "authorization", the following definition:—
       "'business' includes a business not carried on for profit;";
     (c) by omitting from sub-section (1) the definitions of "commencing date", "Commission" and "Companies Ordinance" and substituting the following definitions:—
        "'commencing date' means 1 October 1974;
         'Commission' means the Trade Practices Commission established by section