Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p46
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 120013–122897

the Trade Practices Commission made a determination dismissing the application or granting an authorisation (whether or not the authorisation is still in force); and

    (c) either:

        (i) the Tribunal or the Trade Practices Tribunal made a determination on an application for a review of a determination described in paragraph (b); or

        (ii) the time for making such an application for review has ended without the making of an application.

"(2A) In subsection (2):

'Trade Practices Commission' means the Trade Practices Commission established by section 6A of this Act as in force immediately before this subsection commenced;

'Trade Practices Tribunal' means the Trade Practices Tribunal continued in existence by section 30 of this Act as in force immediately before this subsection commenced.".

Commission to afford opportunity for conference before giving notice in relation to exclusive dealing

66. Section 93A of the Principal Act is amended:

    (a) by omitting from paragraph (6)(a) "Chairman;" and substituting "Chairperson; and";

    (b) by adding at the end of paragraphs (6)(b) and (c) "and";

    (c) by omitting paragraph (6)(d);

    (d) by omitting from subsection (8) "Chairman" and substituting "Chairperson".

Evidentiary provisions

67. Section 100 of the Principal Act is amended by omitting from subsection (3) "the Minister or".

Functions and powers of Tribunal

68. Section 102 of the Principal Act is amended:

    (a) by omitting subsection (3);

    (b) by omitting from subsection (4) "Subject to subsection (3), upon" and substituting "Upon".

Repeal of Part XI

69. Part XI of the Principal Act is repealed.

Power to obtain information, documents and evidence

70. Section 155 of the Principal Act is amended:

    (a) by omitting from subsections (1) and (2) "Where the Commission, the Chairman or the Deputy Chairman" and substituting "Subject to subsection (2A), if the Commission, the Chairperson or the Deputy Chairperson";

    (b) by inserting after subsection (2):

    "(2A) A member of the Commission may not give a notice under subsection (1) or an authorisation under subsection (2) merely because:

        (a) a person has refused or failed to comply with a notice under subsection 32(1) of the Prices Surveillance Act 1983 on the ground that complying with the notice would tend to incriminate the person, or to expose the person to a penalty; or

        (b) a person has refused or failed to answer a question that the person was required to answer by the member presiding at an inquiry under that Act, on the ground that the answer would tend to incriminate the person, or to expose the person to a penalty; or

        (c) a person has refused or failed to produce a document referred to in a summons under subsection 34(2) of that Act, on the ground that production of the document would tend to incriminate