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TRADE PRACTICES AMENDMENT ACT 1978

No. 206 of 1978

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 1978.
(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 the day on which it receives the Royal Assent.

Interpretation
3. Section 4 of the Principal Act is amended—
    (a) by omitting from the definition of "Deputy Registrar" in sub-section (1) ", and includes a person appointed to act as a Deputy Registrar of the Tribunal"; and
    (b) by omitting from the definition of "Registrar" in sub-section (1) "and includes a person appointed to act as the Registrar of the Tribunal".

Exclusionary provisions
4. Section 4d of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
"(2) A person shall be deemed to be competitive with another person for the purposes of sub-section (1) if, and only if, the first-mentioned person or a body corporate that is related to that person is, or is likely to be, or, but for the provision of any contract, arrangement or understanding or of any proposed contract, arrangement or understanding, would be, or would be likely to be, in competition with the other person, or with a body corporate that is related to the other person, in relation to the supply or acquisition of all or any of the goods or services to which the relevant provision of the contract, arrangement or understanding or of the proposed contract, arrangement or understanding relates.".

Additional operation of Act
5. Section 6 of the Principal Act is amended—
    (a) by inserting "53b," after "46,"in paragraph (b) of sub-section (2); and
    (b) by omitting from paragraph (c) of sub-section (2) "were, by express provision, confined to a contract made—" and substituting "and any reference in Division 2a of that Part to the supply of goods, were, by express provision, confined to a contract made, or the supply of goods, as the case may be—".

Termination of appointment of members of the Commission
6. Section 13 of the Principal Act is amended by inserting before "engages" in paragraph (c) of sub-section (2) "without the consent of the Minister".

7. After section 44 of the Principal Act the following section is inserted in Part III:

Acting appointments
"44a. (1) The Minister may appoint a person who is an officer or employee for the purposes of the Public Service Act 1922 to act as the Registrar or as a