Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p45
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 117277–120292

that arise during a review;

    (e) procedure and evidence, including the appointment of persons to assist the Tribunal by giving evidence (whether personally or by means of a written report).

Regulations about fees for inspection etc. of registers

"44ZZQ. The regulations may make provision about the inspection of registers maintained under this Part (including provision about fees).".

Opportunity for conference to be afforded before certain powers exercised

60. Section 65J of the Principal Act is amended by omitting from paragraph (5)(a) "Chairman" and substituting "Chairperson".

Civil action for recovery of pecuniary penalties

61. Section 77 of the Principal Act is amended by omitting from subsection (1) "Minister or the".

Injunctions

62. Section 80 of the Principal Act is amended:

    (a) by inserting in subsection (1) ", (1AAA)" after "(1A)";

    (b) by omitting from subsection (1) "the Minister, ";

    (c) by omitting from subsection (1A) "Subject to subsection (1B), a person other than the Minister or" and substituting "A person other than";

    (d) by omitting from subsection (1A) "or 50A";

    (e) by inserting after subsection (1A):

    "(1AAA) Subject to subsection (1B), a person other than the Minister or the Commission may not apply for an injunction on the ground of:

        (a) a person's actual, attempted or proposed contravention of section 50A; or

        (b) a person's actual or proposed involvement in a contravention of section 50A.";

    (f) by inserting after subsection (6):

    "(6A) Subsection (6) does not apply to an application by the Minister for an injunction relating to Part IV.";

    (g) by adding at the end:

    "(8) Subsection (7) does not apply in relation to an application for an injunction relating to Part IV.".

Divestiture

63. Section 81 of the Principal Act is amended:

    (a) by omitting from subsection (1) "the Minister, ";

    (b) by omitting from subsection (1A) "the Minister or".

Commission to afford opportunity for conference before determining application for authorisation

64. Section 90A of the Principal Act is amended:

    (a) by omitting from paragraph (7)(a) "Chairman;" and substituting "Chairperson; and";

    (b) by adding at the end of paragraphs (7)(b) and (c) "and";

    (c) by omitting paragraph (7)(d);

    (d) by omitting from subsection (9) "Chairman" and substituting "Chairperson".

Notification of exclusive dealing

65. Section 93 of the Principal Act is amended by omitting subsection (2) and substituting:

"(2) A corporation may not give a notice for conduct or proposed conduct if:

    (a) the corporation applied for an authorisation for the conduct or proposed conduct; and

    (b) the Commission or 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