Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p12
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
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Character Range: 32352–35243

the purposes of subsections 93(7B) and (7C) the notice is taken not to have been given.".

Regulations as to certain matters

24. Section 104 of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

     "(aa) with respect to evidence in proceedings before the Tribunal, including the appointment of persons to assist the Tribunal by giving evidence (whether personally or by means of a written report); and".

Participants in proceedings before Tribunal

25. Section 109 of the Principal Act is amended by inserting in subsection (1A) "or (3A)" after "93(3)".

Insertion of new Part

26. After Part XI of the Principal Act the following Part is inserted:

"PART XIA—THE COMPETITION CODE

Definitions

"150A. In this Part, unless the contrary intention appears:

'application law' means:

    (a) a law of a participating jurisdiction that applies the Competition Code, either with or without modifications, as a law of the participating jurisdiction; or

    (b) any regulations or other legislative instrument made under a law described in paragraph (a); or

    (c) the Competition Code, applying as a law of the participating jurisdiction, either with or without modifications;

'apply', in relation to the Competition Code, means apply the Competition Code by reference:

    (a) as in force from time to time; or

    (b) as in force at a particular time;

'Competition Code' means (according to the context):

    (a) the text described in section 150C; or

    (b) that text, applying as a law of a participating jurisdiction, either with or without modifications;

'modifications' includes additions, omissions and substitutions;

'officer', in relation to the Commonwealth, includes the following:

    (a) a Minister;

    (b) a person who holds:

        (i) an office established by or under an Act;

        (ii) an appointment made under an Act;

        (iii) an appointment made by the Governor-General or a Minister but not under an Act;

    (c) a person who is a member or officer of an authority of the Commonwealth;

    (d) a person who is in the service or employment of the Commonwealth, or of an authority of the Commonwealth, or is employed or engaged under an Act;

'participating jurisdiction' means a participating State or Territory;

'participating State' means a State that is a party to the Conduct Code Agreement and applies the Competition Code as a law of the State, either with or without modifications;

'participating Territory' means a Territory that is a party to the Conduct Code Agreement and applies the Competition Code as a law of the Territory, either with or without modifications;

'Schedule version of Part IV' means the text that is set out in the Schedule to this Act;

'Territory' means the Australian Capital Territory or the Northern Territory.

Objects of this Part

"150B. The objects of this Part