Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p83
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 215232–218412

43(1):

After "Act" (first occurring) insert "or the Trade Practices Act 1974".

Paragraph 43(1)(a):

Omit "by reason of his office or appointment under this Act or".

Paragraph 43(1)(b):

Omit the paragraph, substitute:

     "(b) produce to any person a document supplied to, lodged with or otherwise acquired by the Commission for the purposes of this Act, except a document made available to the public by the Commission under this Act.".

SCHEDULE 3—continued

Subsection 43(2):

After "Act" insert "or the Trade Practices Act 1974".

Subsection 43(3):

Omit "Authority", substitute "Commission".

Subsection 43(4) (definition of "prescribed person"):

Omit the definition, substitute:

" 'prescribed person' means a person who:

    (a) is or has been:

        (i) a member or associate member; or

        (ii) a member of the staff of the Commission; or

        (iii) an officer or employee as defined in subsection 7(1) of the Public Service Act 1922; or

    (b) has been a member or associate member of the Prices Surveillance Authority that ceased to exist on the commencement of Part 3 of the Competition Policy Reform Act 1995, or an associate member of that Authority; or

    (c) has been engaged by that Authority under subsection 42(1) of this Act, as in force at any time before the commencement of section 77 of the Competition Policy Reform Act 1995;".

Section 44:

Repeal the section.

Section 46 (definition of "former Authority"):

Omit the definition.

Sections 47 to 50 (inclusive):

Repeal the sections.

Subsection 51(1):

Omit "Notwithstanding the repeal effected by section 47", substitute "Despite the repeal of the repealed Act".

Paragraph 51(2)(a):

Omit "Authority as required by section 50", substitute "Commission".

Paragraph 51(2)(b):

Omit "Authority", substitute "Commission".

SCHEDULE 3—continued

Paragraph 51(3) (a):

Omit "Authority as required by section 50", substitute "Commission".

Paragraph 51(3)(b):

Omit "Authority", substitute "Commission".

Remuneration and Allowances Act 1990

Schedule 1, clause 2, Part 3:

Omit "Trade Practices Tribunal", substitute "Australian Competition Tribunal".

Schedule 1, clause 3:

Omit "Trade Practices Tribunal", substitute "Australian Competition Tribunal".

Schedule 1, clause 5:

Omit "Trade Practices Tribunal", substitute "Australian Competition Tribunal".

Schedule 2, clause 3, Part 3:

Omit "Trade Practices Commission", substitute "Australian Competition and Consumer Commission".

Telecommunications Act 1991

Paragraph 37(g):

Omit "Trade Practices", substitute "Australian Competition and Consumer".

Paragraph 38(2) (d):

Omit "Trade Practices", substitute "Australian Competition and Consumer".

Before section 236:

Insert in Division 1 of Part 11:

Part IIIA of Trade Practices Act not to apply to supply of certain services

"235A. Part IIIA of the Trade Practices Act 1974 does not apply in relation to the supply of a telecommunications service by a carrier or under a class licence.".

SCHEDULE 3—continued

Section 340:

Omit "Trade Practices" (wherever occurring), substitute "Australian Competition and Consumer".

NOTE

  1. No. 51 of 1974 as amended. For