Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p5
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 16564–19285

the manner in which the purpose of a person may be established for the purposes of any other provision of this Act, a corporation may be taken to have taken advantage of its market power for a purpose referred to in subsection (2) even though, after all the evidence, has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the corporation or of any other person or from other relevant circumstances.

"(8) It is the intention of the Parliament that this section, and the provisions of Parts VI and XII so far as they relate to a contravention of this section, should apply to New Zealand and New Zealand Crown corporations to the same extent, and in the same way, as they respectively apply under section 2a to the Commonwealth and authorities of the Commonwealth.

"(9) Subsection (8) has effect despite section 9 of the Foreign States Immunities Act 1985.

No immunity from jurisdiction in relation to certain New Zealand laws

"46b. (1) It is hereby declared, for the avoidance of doubt, that the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, and their authorities, are not immune, and may not claim immunity, from the jurisdiction of the courts of Australia and New Zealand in relation to matters arising under sections 36a, 98h and 99a of the Commerce Act 1986 of New Zealand.

"(2) This section applies in and outside Australia.".

Exceptions

9. Section 51 of the Principal Act is amended:

    (a) by inserting in subsection (3) ", 46a" after "section 46";

    (b) by adding at the end the following subsection:

    "(5) In the application of subsection (2a) to section 46a, the reference in that subsection to trade or commerce includes trade or commerce within New Zealand.".

Conduct by directors, servants or agents

10. Section 84 of the Principal Act is amended by inserting in subsection (1) "or 46a" after "section 46".

Power to obtain information, documents and evidence

11. Section 155 of the Principal Act is amended by adding at the end the following subsection:

"(8) Nothing in this section implies that notices may not be served under this section and section 155a in relation to the same conduct.".

12. After section 155 of the Principal Act the following sections are inserted:

Power to obtain information and documents in New Zealand relating to trans-Tasman markets

"155a. (1) Where the Commission, the Chairman or the Deputy Chairman has reason to believe that a person is capable of furnishing information or producing documents relating to a matter that constitutes, or may constitute, a contravention of section 46a, a member of the Commission may, by written notice served on the person in