Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p82
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 212401–215505

described in paragraph 17(1)(a) in relation to specified notices given to the Commission under paragraph 22(2)(a); and

    (b) the Commission's powers under subparagraphs 22(2)(b)(ii) and (iii) in relation to specified notices given to the Commission under paragraph 22(2)(a); and

    (c) the Commission's power under section 28 relating to a notice served by the member exercising (as a delegate) the Commission's power under subparagraph 22(2)(b)(ii) or (iii).".

Section 30:

Repeal the section.

Section 31:

Omit "Authority" (wherever occurring), substitute "Commission".

Paragraph 31 (6) (b):

Omit "Chairman" (wherever occurring), substitute "Chairperson".

Subsection 32(1):

Omit "Chairman", substitute "Chairperson".

Subsection 32(1):

Omit "Authority" (wherever occurring), substitute "Commission".

Paragraph 32(1)(e):

Omit "this Act applies", substitute "the Commission is carrying out an inquiry under section 18 or monitoring under a direction under section 27A".

After subsection 32(2):

Insert:

"(2A) It is a reasonable excuse for the purposes of subsection (2) for an individual to refuse or fail to give information or produce a document on the ground that the information or production of the document might tend to incriminate the individual or to expose the individual to a penalty. This subsection does not limit what is a reasonable excuse for the purposes of subsection (2).".

Subsection 32(3):

Omit "Authority" (wherever occurring), substitute "Commission".

Section 33:

Omit "Authority" (wherever occurring), substitute "Commission".

Subsection 34(1):

Omit "Authority", substitute "Commission".

SCHEDULE 3—continued

Subsections 34(2) and (3):

Omit "Chairman" (wherever occurring), substitute "Chairperson".

Section 36:

Add at the end:

"(2) It is a reasonable excuse for the purposes of paragraph (1)(b) for a person to refuse or fail to answer a question on the ground that the answer might tend to incriminate the person or to expose the person to a penalty.".

"(3) It is a reasonable excuse for the purposes of paragraph (1)(c) for a person to refuse or fail to produce a document on the ground that the production of the document might tend to incriminate the person or to expose the person to a penalty,

"(4) Subsections (2) and (3) do not limit what is a reasonable excuse for the purposes of paragraphs (1)(b) and (c).".

Subsection 38(1):

Omit "Authority" (wherever occurring), substitute "Commission".

Paragraph 38(2)(a):

Omit "the inquiry for the purposes of which the associate member was appointed", substitute "an inquiry for the purposes of which the Chairperson has directed that the associate member be taken to be a member".

Subsection 38(3):

Omit "Authority" (wherever occurring), substitute "Commission".

Sections 41 and 42:

Repeal the sections.

Subsection 43(1):

After "Act" (first occurring) insert "or the Trade Practices Act 1974".

Paragraph 43(1)(a):

Omit "by reason of his office or appointment under this Act or".

Paragraph 43(1)(b):

Omit the paragraph, substitute:

     "(b) produce to any person a document supplied