Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p15
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 34789–37661

matters to be given special consideration by the Commission in determining applications for authorizations or in making decisions for the purposes of paragraph 93(3)(a) or (b); and
     (b) give directions to the Commission in connexion with the performance of its functions or the exercise of its powers under this Act, not including, except as mentioned in paragraph (a), functions or powers related directly or indirectly to Part VII,
and the Commission shall comply with any directions so given.".

Qualifications of members of Tribunal.
21. Section 31 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:—
    "(1) A person shall not be appointed as a presidential member of the Tribunal unless he is a Judge of a Federal Court, not being the High Court or a court of an external Territory."; and
     (b) by inserting in sub-section (2), after the word "commerce", the words", economics, law".

Remuneration of members of Tribunal.
22. (1) Section 33 of the Principal Act is amended by omitting sub-sections (1) and (4).
(2) For the avoidance of doubt, it is hereby declared that the Judges' Pensions Act 1968 applies, and shall be deemed always to have applied, to and in relation to a President of the Trade Practices Tribunal who retired as a Judge of the Australian Industrial Court as if he had been Chief Judge of that Court immediately before his retirement.

Suspension and removal of members of Tribunal.
     23. Section 35 of the Principal Act is amended by omitting from sub-section (2) the word "Attorney-General" and substituting the word "Minister".

Staff of Tribunal.
24. Section 44 of the Principal Act is amended by omitting from sub-section (2) the word "Attorney-General" and substituting the word "Minister".
25. Sections 45, 46 and 47 of the Principal Act are repealed and the following sections substituted:—

Contracts, arrangements or understandings restricting dealings or affecting competition.
"45. (1) If a provision of a contract made before the commencement of the Trade Practices Amendment Act 1977—
     (a) is an exclusionary provision; or
     (b) has the purpose, or has or is likely to have the effect, of substantially lessening competition,
that provision is unenforceable in so far as it confers rights or benefits or imposes duties or obligations on a corporation.
"(2) A corporation shall not—
     (a) make a contract or arrangement, or arrive at an understanding, if—
       (i) the proposed contract, arrangement or understanding contains an exclusionary provision; or
       (ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition; or
     (b) give effect to a provision of a contract, arrangement or understanding, whether the contract or