Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p77
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 198369–201500

Sections 136, 139, 141, 142, 143 and 174:

Omit "TPC" (wherever occurring), substitute "ACCC".

Prices Surveillance Act 1983

Subsection 3(1) (definition of "associate member"):

Omit "Authority", substitute "Commission".

Subsection 3(1) (definition of "Commonwealth authority"):

Omit "or of the Australian Capital Territory that is specified in Schedule 3 to the Australian Capital Territory (Self-Government) Act 1988".

Subsection 3(1) (definition of "inquiry"):

Omit "Authority", substitute "Commission".

Subsection 3(1) (definition of "person"):

Add at the end "and a State or Territory authority".

Subsection 3(1) (definition of "member"):

Omit the definition, substitute:

" 'member' means:

    (a) the Chairperson; or

    (b) a member of the Commission other than the Chairperson;

    Note: Under subsection 17(5) (which applies subsection 8A(4) of the Trade Practices Act 1974) references to members in provisions conferring powers on the Commission include associate members.".

Subsection 3(1) (definition of "services"):

Omit the definition, substitute:

" 'services' includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are

SCHEDULE 3—continued

to be, provided, granted or conferred in trade or commerce, and without limiting the generality of the foregoing, includes the rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred under:

    (a) a contract for or in relation to:

        (i) the performance of work (including work of a professional nature), whether with or without the supply of goods; or

        (ii) the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or

        (iii) the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction;

    (b) a contract of insurance; or

    (c) a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or

    (d) any contract for or in relation to the lending of moneys;

but does not include rights or benefits being the supply of goods or the performance of work under a contract of service;".

Subsection 3(1) (definition of "supply"):

Omit the definition, substitute:

" 'supply' includes:

    (a) in relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and

    (b) in relation to services—provide, grant or confer;".

Subsection 3(1) (definitions of "appoint", "Authority", "Chairman", "full-time member", "meeting" and "prescribed authority"):

Omit the definitions.

Subsection 3(1):

Insert:

" 'Chairperson' means the Chairperson of the Commission;

'Commission' means 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