Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p13
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 34996–37818

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 are:

    (a) to facilitate the application of the Competition Code by participating Territories; and

    (b) to facilitate the application of the Competition Code by participating States.

The Competition Code

"150C.(1) The Competition Code consists of:

    (a) the Schedule version of Part IV;

    (b) the remaining provisions of this Act (except sections 2A, 5, 6 and 172), so far as they would relate to the Schedule version if the Schedule version were substituted for Part IV;

    (c) the regulations under this Act, so far as they relate to any provision covered by paragraph (a) or (b).

"(2) For the purpose of forming part of the Competition Code, the provisions referred to in paragraphs (1)(b) and (c) are to be modified as necessary to fit in with the Schedule version of Part IV. In particular, references to corporations are to include references to persons who are not corporations.

Federal Court may exercise jurisdiction under application laws

"150D. The Federal Court may exercise jurisdiction (whether original or appellate) conferred on that Court by an application law with respect to matters arising under the Competition Code.

Exercise of jurisdiction under cross-vesting provisions

"150E. This Part does not affect the operation of any other law of the Commonwealth, or any law of a State or Territory, relating to cross-vesting of jurisdiction.

Application laws may confer functions on Commonwealth authorities and officers

"150F. An application law may confer functions and powers on authorities and officers of the Commonwealth for the purposes of the Competition Code.

Application laws may operate concurrently with this Act

"150G. This Act is not intended to exclude the operation of any application law, to the extent that the application law is capable of operating concurrently with this Act.

No doubling-up of liabilities

"150FJ.(1) If:

    (a) an act or omission is an offence against this Act and is also an offence against an application law; and

    (b) the offender has been punished for the offence under the application law;

the offender is not liable to be punished for the offence against this Act.

"(2) If a person has been ordered to pay a pecuniary penalty under an application law, the person is not liable to a pecuniary penalty under this Act in respect of the same conduct.

References in instruments to the Competition Code

"150I.(1) A reference in any instrument to the Competition Code is a reference to the Competition Codes of any or all of the participating jurisdictions.

"(2) Subsection (1) has