Document ID: chunk:federal_register_of_legislation:C2004A01219:clause:2_46
Version: federal_register_of_legislation:C2004A01219
Segment Type: clause
Provision Reference: sch 2 cl 46
Character Range: 71843–73203

46  Price inquiries

(1) This item applies if:
 (a) before the commencement time, the Minister had made an instrument under subsection 18(1) of the PSA; and
 (b) the ACCC had not submitted a report on the inquiry concerned before that time.

(2) Part VIIA of the TPA has effect after that time as if the instrument were a notice given:
 (a) under subsection 95H(1) or (2) of the TPA (as the case requires); and
 (b) at the time the instrument was made under the PSA.

          Note: One of the effects of this subitem is that the ACCC is able to begin an inquiry, complete an inquiry or give a report on an inquiry under Part VIIA of the TPA.

(3) Subitem (4) applies to a thing mentioned in column 2 of the following table that occurred before the commencement time (in relation to the inquiry) under the provision of the PSA mentioned in that column.

(4) For the purposes of Part VIIA of the TPA, the thing has effect after that time as if it were a thing mentioned in column 3 of the table that occurred:
 (a) under the provision of that Part mentioned in that column; and
 (b) at the time it occurred under the PSA.

Operation of Part VIIA of the TPA
Column 1                           Column 2                                   Column 3
Item                               Occurrence under the PSA                   Occurrence under Part VIIA of the TPA