Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p5
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 13867–16735

1 of Part 5 commences on the first day after the end of the period of 12 months after the day on which this Act receives the Royal Assent.

(5) Part 6 commences immediately after the commencement of Division 1 of Part 5.

PART 2—AMENDMENTS COMMENCING AT THE FIRST COMMENCEMENT TIME

Division 1—Amendments

Insertion of new section

3. After section 1 of the Principal Act the following section is inserted:

Object of this Act

"2. The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.".

Interpretation

4. Section 4 of the Principal Act is amended by inserting in subsection (1):

" 'Competition Principles Agreement' means the Competition Principles Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time;

'Conduct Code Agreement' means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time;".

Acquisition, supply and re-supply

5. Section 4C of the Principal Act is amended:

    (a) by omitting from paragraph (d) "and";

    (b) by adding at the end:

        "; (f) a reference to the re-supply of services (the 'original services') acquired from a person (the 'original supplier') includes a reference to:

           (i) a supply of the original services to another person in an altered form or condition; and

           (ii) a supply to another person of other services that are substantially similar to the original services, and could not have been supplied if the original services had not been acquired by the person who acquired them from the original supplier.".

Extended application of Parts IV, IVA and V

6. Section 6 of the Principal Act is amended by inserting after subsection (2):

"(2A) So far as subsection (2) relates to Part IV, that subsection has effect in relation to a participating Territory as if the words 'within a Territory, ' were omitted from subparagraphs (2)(a)(iii) and (2)(b)(iii). For this purpose, 'participating Territory' means a Territory that is a participating Territory within the meaning of Part XIA but is not named in a notice in operation under section 150K.".

Associate members

7. Section 8A of the Principal Act is amended by inserting in subsection (6) "or (3A)" after "93(3)".

Insertion of new sections

8. After section 43 of the Principal Act the following sections are inserted:

Counsel assisting Tribunal

"43A.(1) The President may, on behalf of the Commonwealth, appoint a