Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p78
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 201251–204275

the Australian Competition and Consumer Commission established by the Trade Practices Act 1974;

'member of the staff of the Commission' means a person referred to in subsection 27(1) of the Trade Practices Act 1974 or a person engaged under section 27A of that Act;

SCHEDULE 3—continued

'National Competition Council' means the National Competition Council established by the Trade Practices Act 1974;

'State or Territory authority' means:

    (a) a State, the Australian Capital Territory or the Northern Territory; or

    (b) an authority, institution or other body (except a society, association or incorporated company) established for a public purpose by or under a law of a State, the Australian Capital Territory or the Northern Territory; or

    (c) a society, association or incorporated company in which a controlling interest is held by:

        (i) a State, the Australian Capital Territory or the Northern Territory; or

        (ii) an authority, institution or other body covered by paragraph (b);".

Subsection 3(4):

Omit the subsection.

Subsection 4(2):

Omit the subsection, substitute:

"(2) This Act does not apply in relation to the supply of goods or services by:

    (a) an authority, institution or other body (except a society, association or incorporated company) established for a public purpose by or under a law of Norfolk Island; or

    (b) a society, association or incorporated company in which a controlling interest is held by Norfolk Island, or an authority, institution or other body covered by paragraph (a).".

Subsection 5(1):

Omit the subsection, substitute:

"(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.".

Subsection 5(2):

After "Commonwealth" insert ", of a State, of the Australian Capital Territory or of the Northern Territory".

SCHEDULE 3—continued

Section 5:

Add at the end:

"(3) The protection in subsection (2) does not apply to an incorporated Commonwealth authority or an incorporated State or Territory authority.".

Part II:

Repeal the Part.

Part III (heading):

Omit "AUTHORITY", substitute "THE COMMISSION".

Subsection 17(1):

Omit "Authority" (wherever occurring), substitute "Commission".

Subsection 17(1):

After "services" insert "(except the supply of goods or services by a State or Territory authority)".

Subsection 17(1):

Add at the end:

      "; and (c) to monitor prices, costs and profits in any industry or business that the Minister directs the Commission to monitor, and to report to the Minister the results of the monitoring.".

Subsection 17(2):

Omit "Authority", substitute "Commission".

Subsection 17(3):

Omit "Authority", substitute "Commission".

Section 17:

Add at the end:

"(4) Paragraphs 13(2)(b) and 14(2)(b) and section 17, of the Trade Practices Act 1974 apply in relation to the disclosure of interests in matters before the Commission under this Act.

"(5) Subsections 8A(4) and (5) and sections 16, 18