Trade Practices Act 1974

Trade Practices Act 1974
Parliament of the Commonwealth of Australia

[1]

193383Trade Practices Act 1974Parliament of the Commonwealth of Australia

TABLE OF PROVISIONS

  1.      Short title [see Note 1]  
  2.      Object of this Act  
  2A.     Application of Act to Commonwealth and Commonwealth authorities  
  2B.     Application of Act to States and Territories  
  2BA.    Application of Part IV to local government bodies  
  2C.     Activities that are not business  
  3.      Repeal  
  4.      Interpretation  
  4A.     Subsidiary, holding and related bodies corporate  
  4B.     Consumers  
  4C.     Acquisition, supply and re-supply  
  4D.     Exclusionary provisions  
  4E.     Market  
  4F.     References to purpose or reason  
  4G.     Lessening of competition to include preventing or hindering competition  
  4H.     Application of Act in relation to leases and licences of land and buildings  
  4J.     Joint ventures  
  4K.     Loss or damage to include injury  
  4KA.    Personal injury  
  4L.     Severability  
  4M.     Saving of law relating to restraint of trade and breaches of confidence  
  4N.     Extended application of Part IIIA  
  5.      Extended application of Parts IV, IVA, V, VB and VC  
  6.      Extended application of Parts IV, IVA, IVB, V, VA, VB and VC  
  6AA.    Application of the Criminal Code  
  6A.     Establishment of Commission  
  7.      Constitution of Commission  
  8.      Terms and conditions of appointment  
  8A.     Associate members  
  8AB.    State/Territory AER members taken to be associate members  
  9.      Remuneration  
  10.     Deputy Chairpersons  
  11.     Acting Chairperson  
  12.     Leave of absence  
  13.     Termination of appointment of members of the Commission  
  14.     Termination of appointment of associate members of the Commission  
  15.     Resignation  
  16.     Arrangement of business  
  17.     Disclosure of interests by members  
  18.     Meetings of Commission  
  19.     Chairperson may direct Commission to sit in Divisions  
  25.     Delegation by Commission  
  26.     Delegation by Commission in relation to unconscionable conduct and consumer protection  
  27.     Staff of Commission  
  27A.    Consultants  
  28.     Functions of Commission in relation to dissemination of information, law reform and research  
  29.     Commission to comply with directions of Minister and requirements of the Parliament
  29AA.   Definitions  
  29A.    Establishment of Council  
  29B.    Functions and powers of Council  
  29BA.   Commonwealth consent to conferral of functions etc. on Council  
  29BB.   How duty is imposed  
  29BC.   When a State/Territory gas law imposes a duty  
  29C.    Membership of Council  
  29D.    Terms and conditions of office  
  29E.    Acting Council President  
  29F.    Remuneration of Councillors  
  29G.    Leave of absence  
  29H.    Termination of appointment of Councillors  
  29I.    Resignation of Councillors  
  29J.    Arrangement of Council business  
  29K.    Disclosure of interests by Councillors  
  29L.    Council meetings  
  29M.    Staff to help Council  
  29N.    Consultants  
  29O.    Annual report  
  29P.    Definition  
  30.     Constitution of Tribunal  
  31.     Qualifications of members of Tribunal  
  31A.    Appointment of Judge as presidential member of Tribunal not to affect tenure etc.  
  32.     Terms and conditions of appointment  
  33.     Remuneration and allowances of members of Tribunal  
  34.     Acting appointments  
  35.     Suspension and removal of members of Tribunal  
  36.     Resignation  
  37.     Constitution of Tribunal for particular matters  
  38.     Validity of determinations  
  39.     President may give directions  
  40.     Disclosure of interests by members of Tribunal  
  41.     Presidential member to preside  
  42.     Decision of questions  
  43.     Member of Tribunal ceasing to be available  
  43A.    Counsel assisting Tribunal  
  43B.    Consultants  
  44.     Staff of Tribunal  
  44A.    Acting appointments  
          Division 1--Preliminary
  44AB.   Definitions  
  44AC.   This Part binds the Crown  
  44AD.   Extra-territorial operation  
          Division 2--Establishment of the AER
  44AE.   Establishment of the AER  
  44AF.   AER to hold money and property on behalf of the Commonwealth  
  44AG.   Constitution of the AER  
          Division 3--Functions and powers of the AER
  44AH.   Commonwealth functions  
  44AI.   Commonwealth consent to conferral of functions etc. on AER  
  44AJ.   How duty is imposed  
  44AK.   When a State/Territory energy law imposes a duty  
  44AL.   Powers of the AER  
          Division 4--Administrative provisions relating to the AER
             Subdivision A--Appointment etc
  44AM.   Appointment of Commonwealth AER member  
  44AN.   Membership of AER and Commission  
  44AO.   Acting appointment of Commonwealth AER member  
  44AP.   Appointment of State/Territory AER members  
  44AQ.   Acting appointment of State/Territory AER member  
  44AR.   AER Chair  
  44AS.   Acting AER Chair  
  44AT.   Remuneration of AER members  
  44AU.   Additional remuneration of AER Chair  
  44AV.   Leave of absence  
  44AW.   Other terms and conditions  
  44AX.   Outside employment  
  44AY.   Disclosure of interests  
  44AZ.   Resignation  
  44AAB.  Termination of appointment  
             Subdivision B--Staff etc
  44AAC.  Staff etc. to assist the AER  
             Subdivision C--Meetings of the AER etc
  44AAD.  Meetings  
  44AAE.  Resolutions without meetings  
             Subdivision D--Miscellaneous
  44AAF.  Confidentiality  
  44AAG.  Federal Court may make certain orders  
  44AAGA. Federal Court may order disconnection if an event specified in the National Electricity Rules occurs  
  44AAH.  Delegation by the AER  
  44AAI.  Fees  
  44AAJ.  Annual report  
  44AAK.  Regulations may deal with transitional matters  
          Division 1--Preliminary
  44AA.   Objects of Part  
  44B.    Definitions  
  44C.    How this Part applies to partnerships and joint ventures  
  44D.    Meaning of designated Minister  
  44DA.   The principles in the Competition Principles Agreement have status as guidelines  
  44E.    This Part binds the Crown  
          Division 2--Declared services
             Subdivision A--Recommendation by the Council
  44F.    Person may request recommendation  
  44G.    Limits on the Council recommending declaration of a service  
  44GA.   Target time limits on Council recommendation  
  44GB.   Council may invite public submissions on the application  
  44GC.   Council must publish its recommendation  
             Subdivision B--Declaration by the designated Minister
  44H.    Designated Minister may declare a service  
  44HA.   Designated Minister must publish his or her decision  
  44I.    Duration and effect of declaration  
  44J.    Revocation of declaration  
  44JA.   Target time limits on designated Minister's revocation decision  
  44K.    Review of declaration  
  44L.    Review of decision not to revoke a declaration  
          Division 2A--Effective access regimes
             Subdivision A--Recommendation by Council
  44M.    Recommendation for a Ministerial decision on effectiveness of access regime  
             Subdivision B--Decision by Commonwealth Minister
  44N.    Ministerial decision on effectiveness of access regime  
             Subdivision C--Extensions of Commonwealth Minister's decision
  44NA.   Recommendation by Council  
  44NB.   Decision by the Commonwealth Minister  
             Subdivision D--Procedural provisions
  44NC.   Target time limits--Council  
  44ND.   Target time limits--Commonwealth Minister  
  44NE.   Council may invite public submissions  
  44NF.   Publication--Council  
  44NG.   Publication--Commonwealth Minister  
             Subdivision E--Review of decisions
  44O.    Review of Ministerial decision on effectiveness of access regime  
             Subdivision F--State or Territory ceasing to be a party to Competition Principles Agreement
  44P.    State or Territory ceasing to be a party to Competition Principles Agreement  
          Division 2B--Competitive tender processes for government owned facilities
  44PA.   Approval of competitive tender process  
  44PB.   Report on conduct of tender process  
  44PC.   Revocation of approval decision  
  44PD.   Target time limits for Commission decisions  
  44PE.   Commission may invite public submissions  
  44PF.   Commission must publish its decisions  
  44PG.   Review of Commission's initial decision  
  44PH.   Review of decision to revoke an approval  
          Division 2C--Register of decisions and declarations
  44Q.    Register of decisions and declarations  
          Division 3--Access to declared services
             Subdivision A--Scope of Division
  44R.    Constitutional limits on operation of this Division  
             Subdivision B--Notification of access disputes
  44S.    Notification of access disputes  
  44T.    Withdrawal of notifications  
             Subdivision C--Arbitration of access disputes
  44U.    Parties to the arbitration  
  44V.    Determination by Commission  
  44W.    Restrictions on access determinations  
  44X.    Matters that the Commission must take into account  
  44XA.   Target time limits for Commission's final determination  
  44Y.    Commission may terminate arbitration in certain cases  
             Subdivision D--Procedure in arbitrations
  44Z.    Constitution of Commission for conduct of arbitration  
  44ZA.   Member of the Commission presiding at an arbitration  
  44ZB.   Reconstitution of Commission  
  44ZC.   Determination of questions  
  44ZD.   Hearing to be in private  
  44ZE.   Right to representation  
  44ZF.   Procedure of Commission  
  44ZG.   Particular powers of Commission  
  44ZH.   Power to take evidence on oath or affirmation  
  44ZI.   Failing to attend as a witness  
  44ZJ.   Failing to answer questions etc.  
  44ZK.   Intimidation etc.  
  44ZL.   Party may request Commission to treat material as confidential  
  44ZM.   Sections 18 and 19 do not apply to the Commission in an arbitration  
  44ZN.   Parties to pay costs of an arbitration  
  44ZNA.  Joint arbitration hearings  
             Subdivision DA--Arbitration reports
  44ZNB.  Arbitration reports  
             Subdivision E--Effect of determinations
  44ZO.   Operation of final determinations  
  44ZOA.  Effect and duration of interim determinations  
             Subdivision F--Review of final determinations
  44ZP.   Review by Tribunal  
  44ZQ.   Provisions that do not apply in relation to a Tribunal review  
  44ZR.   Appeals to Federal Court from determinations of the Tribunal  
  44ZS.   Operation and implementation of a determination that is subject to appeal  
  44ZT.   Transmission of documents  
             Subdivision G--Variation and revocation of determinations
  44ZU.   Variation of final determinations  
  44ZUA.  Variation and revocation of interim determinations  
          Division 4--Registered contracts for access to declared services
  44ZV.   Constitutional limits on operation of this Division  
  44ZW.   Registration of contract  
  44ZX.   Review of decision not to register contract  
  44ZY.   Effect of registration of contract  
          Division 5--Hindering access to declared services
  44ZZ.   Prohibition on hindering access to declared services  
          Division 6--Access undertakings and access codes for services
             Subdivision A--Giving of access undertakings and access codes
  44ZZA.  Access undertakings by providers  
  44ZZAA. Access codes prepared by industry bodies  
  44ZZAB. Commission may rely on industry body consultations  
             Subdivision B--Effect of access undertakings and access codes
  44ZZBA. When access undertakings and access codes come into operation  
             Subdivision C--Extensions of access undertakings and access codes
  44ZZBB. Extensions of access undertakings and access codes  
             Subdivision D--Procedural provisions
  44ZZBC. Target time limits for Commission decisions  
  44ZZBD. Commission may invite public submissions  
  44ZZBE. Commission must publish its decisions  
             Subdivision E--Review of decisions
  44ZZBF. Review of decisions  
             Subdivision F--Register of access undertakings and access codes
  44ZZC.  Register of access undertakings and access codes  
          Division 6A--Pricing principles for access disputes and access undertakings or codes
  44ZZCA. Pricing principles for access disputes and access undertakings or codes  
          Division 6B--Overlap among determinations, registered contracts and access undertakings
  44ZZCB. Deferring access disputes or access undertakings  
  44ZZCC. Overlap between determinations and access undertakings  
  44ZZCD. Overlap between registered contracts and access undertakings  
          Division 7--Enforcement and remedies
  44ZZD.  Enforcement of determinations  
  44ZZE.  Enforcement of prohibition on hindering access  
  44ZZF.  Consent injunctions  
  44ZZG.  Interim injunctions  
  44ZZH.  Factors relevant to granting a restraining injunction  
  44ZZI.  Factors relevant to granting a mandatory injunction  
  44ZZJ.  Enforcement of access undertakings  
  44ZZK.  Discharge or variation of injunction or other order  
          Division 8--Miscellaneous
  44ZZL.  Register of determinations  
  44ZZM.  Commonwealth consent to conferral of functions etc. on the Commission or Tribunal by State or Territory laws  
  44ZZMA. How duty is imposed  
  44ZZMB. When a law of a State or Territory imposes a duty  
  44ZZN.  Compensation for acquisition of property  
  44ZZNA. Operation of Parts IV and VII not affected by this Part  
  44ZZO.  Conduct by directors, servants or agents  
  44ZZOA. Target time limits for Tribunal decisions  
  44ZZP.  Regulations about review by the Tribunal  
  44ZZQ.  Regulations about fees for inspection etc. of registers  
  45.     Contracts, arrangements or understandings that restrict dealings or affect competition  
  45A.    Contracts, arrangements or understandings in relation to prices  
  45B.    Covenants affecting competition  
  45C.    Covenants in relation to prices  
  45D.    Secondary boycotts for the purpose of causing substantial loss or damage  
  45DA.   Secondary boycotts for the purpose of causing substantial lessening of competition  
  45DB.   Boycotts affecting trade or commerce  
  45DC.   Involvement and liability of employee organisations  
  45DD.   Situations in which boycotts permitted  
  45E.    Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services  
  45EA.   Provisions contravening section 45E not to be given effect  
  45EB.   Sections 45D to 45EA do not affect operation of other provisions of Part  
  46.     Misuse of market power  
  46A.    Misuse of market power--corporation with substantial degree of power in trans-Tasman market  
  46B.    No immunity from jurisdiction in relation to certain New Zealand laws  
  47.     Exclusive dealing  
  48.     Resale price maintenance  
  49.     Dual listed company arrangements that affect competition  
  50.     Prohibition of acquisitions that would result in a substantial lessening of competition  
  50A.    Acquisitions that occur outside Australia  
  51.     Exceptions  
  51AAA.  Concurrent operation of State and Territory laws  
  51AAB.  Part does not apply to financial services  
  51AA.   Unconscionable conduct within the meaning of the unwritten law of the States and Territories  
  51AB.   Unconscionable conduct  
  51AC.   Unconscionable conduct in business transactions  
  51ACAA. Concurrent operation of State and Territory laws  
  51ACA.  Definitions  
  51AD.   Contravention of industry codes  
  51AE.   Regulations relating to industry codes  
  51AEA.  Concurrent operation of State and Territory laws  
          Division 1--Unfair practices
  51AF.   Part does not apply to financial services  
  51A.    Interpretation  
  52.     Misleading or deceptive conduct  
  53.     False or misleading representations  
  53A.    False representations and other misleading or offensive conduct in relation to land  
  53B.    Misleading conduct in relation to employment  
  53C.    Cash price to be stated in certain circumstances  
  54.     Offering gifts and prizes  
  55.     Misleading conduct to which Industrial Property Convention applies  
  55A.    Certain misleading conduct in relation to services  
  56.     Bait advertising  
  57.     Referral selling  
  58.     Accepting payment without intending or being able to supply as ordered  
  59.     Misleading representations about certain business activities  
  60.     Harassment and coercion  
  63A.    Unsolicited credit and debit cards  
  64.     Assertion of right to payment for unsolicited goods or services or for making entry in directory  
  65.     Liability of recipient of unsolicited goods  
  65A.    Application of provisions of Division to prescribed information providers  
          Division 1AAA--Pyramid selling
  65AAA.  Overview  
  65AAB.  Definitions  
  65AAC.  Pyramid selling schemes--participation  
  65AAD.  What is a pyramid selling scheme?  
  65AAE.  Marketing schemes--are they pyramid selling schemes?  
          Division 1AA--Country of origin representations
             Subdivision A--General
  65AA.   Overview  
  65AB.   General test for country of origin representations  
  65AC.   Test for representations that goods are product of/produce of a country  
  65AD.   Test for representations made by means of prescribed logo  
  65AE.   Substantial transformation of goods  
  65AF.   Method of working out costs of production or manufacture  
             Subdivision B--Cost of production or manufacture of goods
  65AG.   Definitions  
  65AH.   Cost of producing or manufacturing goods  
  65AJ.   Expenditure on materials  
  65AK.   Expenditure on labour  
  65AL.   Expenditure on overheads  
  65AM.   Regulations may prescribe rules for determining the local percentage costs of production or manufacture  
             Subdivision C--Evidentiary matters
  65AN.   Proceedings relating to false, misleading or deceptive conduct or representations  
          Division 1A--Product safety and product information
  65B.    Warning notice to public  
  65C.    Product safety standards and unsafe goods  
  65D.    Product information standards  
  65E.    Power of Minister to declare product safety or information standards  
  65F.    Compulsory product recall  
  65G.    Compliance with product recall order  
  65H.    Loss or damage caused by contravention of product recall order  
  65J.    Opportunity for conference to be afforded before certain powers exercised  
  65K.    Recommendation after conclusion of conference  
  65L.    Exception in case of danger to public  
  65M.    Conference after goods banned  
  65N.    Recommendation after conclusion of conference  
  65P.    Minister to have regard to recommendation of Commission  
  65Q.    Power to obtain information, documents and evidence  
  65R.    Notification of voluntary recall  
  65S.    Copies of certain notices to be given to suppliers or published in certain newspapers  
  65T.    Certain action not to affect insurance contracts  
          Division 2--Conditions and warranties in consumer transactions
  66.     Interpretation  
  66A.    Convention on Contracts for the International Sale of Goods  
  67.     Conflict of laws  
  68.     Application of provisions not to be excluded or modified  
  68A.    Limitation of liability for breach of certain conditions or warranties  
  68B.    Limitation of liability in relation to supply of recreational services  
  69.     Implied undertakings as to title, encumbrances and quiet possession  
  70.     Supply by description  
  71.     Implied undertakings as to quality or fitness  
  72.     Supply by sample  
  73.     Liability for loss or damage from breach of certain contracts  
  73A.    Continuing credit contract  
  73B.    Loan contract  
  74.     Warranties in relation to the supply of services  
          Division 2A--Actions against manufacturers and importers of goods
  74A.    Interpretation  
  74B.    Actions in respect of unsuitable goods  
  74C.    Actions in respect of false descriptions  
  74D.    Actions in respect of goods of unmerchantable quality  
  74E.    Actions in respect of non-correspondence with samples etc.  
  74F.    Actions in respect of failure to provide facilities for repairs or parts  
  74G.    Actions in respect of non-compliance with express warranty  
  74H.    Right of seller to recover against manufacturer or importer  
  74J.    Time for commencing actions  
  74K.    Application of Division not to be excluded or modified  
  74L.    Limitation in certain circumstances of liability of manufacturer to seller  
  74M.    The effect of Part VIB on this Division  
          Division 3--Miscellaneous
  75.     Saving of other laws and remedies  
  75A.    Rescission of contracts  
  75AA.   Interpretation  
  75AB.   Certain interpretation provisions (importers and others taken to be manufacturers etc.) apply to this Part  
  75AC.   Meaning of goods having defect  
  75AD.   Liability for defective goods causing injuries--loss by injured individual  
  75AE.   Liability for defective goods causing injuries--loss by person other than injured individual  
  75AF.   Liability for defective goods--loss relating to other goods  
  75AG.   Liability for defective goods--loss relating to buildings etc.  
  75AH.   Survival of liability actions  
  75AI.   No liability action where workers' compensation or law giving effect to an international agreement applies  
  75AJ.   Unidentified manufacturer  
  75AK.   Defences  
  75AL.   Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard  
  75AM.   Liability joint and several  
  75AN.   Contributory acts or omissions to reduce compensation  
  75AO.   Time for commencing actions  
  75AP.   Application of provisions not to be excluded or modified  
  75AQ.   Representative actions by the Commission  
  75AR.   Saving of other laws and remedies  
  75AS.   Jurisdiction of courts  
  75AT.   Definitions  
  75AU.   Price exploitation in relation to New Tax System changes  
  75AV.   Price exploitation--guidelines about when prices contravene section 75AU  
  75AW.   Commission may issue notice to corporation it considers has contravened section 75AU  
  75AX.   Commission may issue notice to aid prevention of price exploitation  
  75AY.   Commission may monitor prices  
  75AYA.  Prohibition on misrepresenting the effect of the New Tax System changes  
  75AZ.   Reporting  
          Division 1--Application of Part
  75AZA.  Part does not apply to financial services  
          Division 2--Offences relating to unfair practices
  75AZB.  Interpretation  
  75AZC.  False or misleading representations  
  75AZD.  False representations and other misleading or offensive conduct in relation to land  
  75AZE.  Misleading conduct in relation to employment  
  75AZF.  Cash price to be stated in certain circumstances  
  75AZG.  Offering gifts and prizes  
  75AZH.  Misleading conduct to which Industrial Property Convention applies  
  75AZI.  Certain misleading conduct in relation to services  
  75AZJ.  Bait advertising  
  75AZK.  Referral selling  
  75AZL.  Accepting payment without intending or being able to supply as ordered  
  75AZM.  Misleading representations about certain business activities  
  75AZN.  Harassment and coercion  
  75AZO.  Pyramid selling  
  75AZP.  Unsolicited credit and debit cards  
  75AZQ.  Assertion of right to payment for unsolicited goods or services or for making an entry in a directory  
  75AZR.  Application of provisions of Division to prescribed information providers  
          Division 3--Offences relating to product safety and product information
  75AZS.  Product safety standards and unsafe goods  
  75AZT.  Product information standards  
  75AZU.  Compliance with product recall notice  
  75B.    Interpretation  
  76.     Pecuniary penalties  
  76A.    Defence to proceedings under section 76 relating to a contravention of section 75AYA or 95AZN  
  76B.    What happens if substantially the same conduct is a contravention of section 75AYA or 95AZN and an offence?  
  76C.    Defence to proceedings relating to exclusionary provisions  
  76D.    Defence to proceedings relating to price fixing provisions  
  77.     Civil action for recovery of pecuniary penalties  
  77A.    Indemnification of officers  
  77B.    Certain indemnities not authorised and certain documents void  
  77C.    Application of section 77A to a person other than a body corporate  
  78.     Criminal proceedings not to be brought for contraventions of Part IV or V or section 75AU or 75AYA  
  79.     Offences against Part VC etc.  
  79A.    Enforcement and recovery of certain fines  
  79B.    Preference must be given to compensation for victims  
  80.     Injunctions  
  80AB.   Stay of injunctions  
  80AC.   Injunctions to prevent mergers if clearance or authorisation granted on the basis of false or misleading information  
  80B.    Section 75AU contraventions--orders limiting prices or requiring refunds of money  
  81.     Divestiture where merger contravenes section 50 or 50A  
  81A.    Divestiture where merger done under clearance or authorisation granted on false etc. information  
  82.     Actions for damages  
  83.     Finding in proceedings to be evidence  
  84.     Conduct by directors, servants or agents  
  85.     Defences  
  86.     Jurisdiction of courts  
  86AA.   Limit on jurisdiction of Federal Magistrates Court  
  86A.    Transfer of matters  
  86B.    Transfer of certain proceedings to Family Court  
  86C.    Non-punitive orders  
  86D.    Punitive orders--adverse publicity  
  86E.    Order disqualifying a person from managing corporations  
  87.     Other orders  
  87A.    Power of Court to prohibit payment or transfer of moneys or other property  
  87AA.   Special provision relating to Court's exercise of powers under this Part in relation to boycott conduct  
  87AB.   Limit on liability for misleading or deceptive conduct  
  87B.    Enforcement of undertakings  
  87C.    Enforcement of undertakings--Secretary to the Department  
  87CA.   Intervention by Commission  
  87CAA.  The effect of Part VIB on this Part  
  87CB.   Application of Part  
  87CC.   Certain concurrent wrongdoers not to have benefit of apportionment  
  87CD.   Proportionate liability for apportionable claims  
  87CE.   Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware  
  87CF.   Contribution not recoverable from defendant  
  87CG.   Subsequent actions  
  87CH.   Joining non-party concurrent wrongdoer in the action  
  87CI.   Application of Part  
          Division 1--Introduction
  87D.    Definitions  
  87E.    Proceedings to which this Part applies  
          Division 2--Limitation periods
  87F.    Basic rule  
  87G.    Date of discoverability  
  87H.    Long-stop period  
  87J.    The effect of minority or incapacity  
  87K.    The effect of close relationships  
          Division 3--Limits on personal injury damages for non-economic loss
  87L.    Limits on damages for non-economic loss  
  87M.    Maximum amount of damages for non-economic loss  
  87N.    Index numbers  
  87P.    Most extreme cases  
  87Q.    Cases of 33% or more (but not 100%) of a most extreme case  
  87R.    Cases of 15% or more (but less than 33%) of a most extreme case  
  87S.    Cases of less than 15% of a most extreme case  
  87T.    Referring to earlier decisions on non-economic loss  
          Division 4--Limits on personal injury damages for loss of earning capacity
  87U.    Personal injury damages for loss of earning capacity  
  87V.    Average weekly earnings  
          Division 5--Limits on personal injury damages for gratuitous attendant care services
  87W.    Personal injury damages for gratuitous attendant care services for plaintiff  
  87X.    Personal injury damages for loss of plaintiff's capacity to provide gratuitous attendant care services  
          Division 6--Other limits on personal injury damages
  87Y.    Damages for future economic loss--discount rate  
  87Z.    Damages for loss of superannuation entitlements  
  87ZA.   Interest on damages  
  87ZB.   Exemplary and aggravated damages  
          Division 7--Structured settlements
  87ZC.   Court may make orders under section 87 for structured settlements  
          Division 1--Authorisations
  87ZD.   Definitions  
  88.     Power of Commission to grant authorisations  
  89.     Procedure for applications and the keeping of a register  
  90.     Determination of applications for authorisations  
  90A.    Commission to afford opportunity for conference before determining application for authorisation  
  90B.    Commission may rely on consultations undertaken by the AEMC  
  91.     Grant and variation of authorisations  
  91A.    Minor variations of authorizations  
  91B.    Revocation of an authorization  
  91C.    Revocation of an authorization and substitution of a replacement  
          Division 2--Notifications
             Subdivision A--Exclusive dealing
  93.     Notification of exclusive dealing  
             Subdivision B--Collective bargaining
  93AA.   Definitions  
  93AB.   Notification of collective bargaining  
  93AC.   Commission's objection notice  
  93AD.   When collective bargaining notice comes into force and ceases to be in force  
  93AE.   Withdrawal of collective bargaining notice  
  93AF.   Only 1 collective bargaining notice may be given  
             Subdivision C--Conferences
  93A.    Commission to afford opportunity for conference before giving notice  
             Subdivision D--Register of notifications
  95.     Register of notifications  
          Division 3--Merger clearances and authorisations
             Subdivision A--Preliminary
  95AA.   Simplified outline of this Division  
  95AB.   Definitions  
             Subdivision B--Merger clearances
  95AC.   Commission may grant clearance for a merger  
  95AD.   Application for clearance  
  95AE.   Requirements for valid clearance application  
  95AF.   Commission to notify if clearance application is invalid  
  95AG.   Application to be published on the Internet  
  95AH.   Merger clearance register  
  95AI.   Confidentiality claims etc.  
  95AJ.   Commission may seek additional information from applicant  
  95AK.   Commission may seek further information and consult others  
  95AL.   Applicant may withdraw application  
  95AM.   Commission to make determination on application  
  95AN.   When clearance must not be granted  
  95AO.   Time limits for determining application  
  95AP.   Clearance subject to conditions  
  95AQ.   When clearance is in force  
  95AR.   Minor variations of clearances  
  95AS.   Revocation of clearance or revocation of clearance and substitution of a new clearance  
             Subdivision C--Merger authorisations
  95AT.   Tribunal may grant authorisation for a merger  
  95AU.   Application for authorisation  
  95AV.   Requirements for valid authorisation application  
  95AW.   Tribunal to notify if authorisation application is invalid  
  95AX.   Tribunal to notify Commission of authorisation application  
  95AY.   Application to be published on the Internet  
  95AZ.   Merger authorisation register  
  95AZA.  Confidentiality claims etc.  
  95AZC.  Tribunal may seek additional information from applicant  
  95AZD.  Tribunal may seek further information and consult others etc.  
  95AZE.  Applicant may withdraw application  
  95AZEA. Tribunal must require Commission to give report  
  95AZF.  Commission to assist Tribunal  
  95AZFA. Commission may make enquiries  
  95AZG.  Tribunal to make determination on application  
  95AZH.  When authorisation must not be granted  
  95AZI.  Time limits for determining application  
  95AZJ.  Authorisation subject to conditions  
  95AZK.  When authorisation is in force  
  95AZL.  Minor variations of authorisations  
  95AZM.  Revocation of authorisation or revocation of authorisation and substitution of a new authorisation  
             Subdivision D--Miscellaneous
  95AZN.  Providing false or misleading information  
          Division 1--Preliminary
  95A.    Interpretation  
  95B.    Exempt supplies  
  95C.    Application of Part  
  95D.    Crown to be bound  
  95E.    Object of this Part  
  95F.    Simplified overview of this Part  
          Division 2--Commission's functions under this Part
  95G.    Commission's functions under this Part  
          Division 3--Price inquiries
             Subdivision A--Holding of inquiries
  95H.    Price inquiries  
  95J.    Content of inquiry notices  
  95K.    Period for completing inquiry  
  95L.    Notice of holding of inquiry  
  95M.    Notice of extension of period for completing inquiry  
  95N.    Price restrictions  
             Subdivision B--Reports on inquiries
  95P.    Copies of report to be made available  
  95Q.    Notification of proposed prices after receipt of report  
             Subdivision C--Procedure at inquiries
  95R.    Public inquiries etc.  
  95S.    Taking of evidence on oath or affirmation  
  95T.    Failure of witness to attend  
  95U.    Refusal to be sworn or to answer question  
  95V.    Protection of witnesses  
  95W.    Allowances to witnesses  
          Division 4--Price notifications
  95X.    Declarations by Minister or Commission  
  95Y.    Declarations in relation to State or Territory authorities  
  95Z.    Price restrictions  
  95ZA.   Later notices modifying a locality notice  
  95ZB.   Applicable period in relation to a locality notice  
  95ZC.   Register of price notifications  
  95ZD.   Delegation by Commission  
          Division 5--Price monitoring
  95ZE.   Directions to monitor prices, costs and profits of an industry  
  95ZF.   Directions to monitor prices, costs and profits of a business  
  95ZG.   Exceptions to price monitoring  
          Division 6--Other provisions
  95ZH.   Ministerial directions  
  95ZI.   Inquiries by an unincorporated body or a group of 2 or more individuals  
  95ZJ.   Withdrawal of notices  
  95ZK.   Power to obtain information or documents  
  95ZL.   Inspection of documents etc.  
  95ZM.   Retention of documents  
  95ZN.   Confidential information  
  95ZO.   Immunity  
  95ZP.   Secrecy: members or staff members of the Commission etc.  
  95ZQ.   Secrecy: persons involved in inquiries by bodies other than the Commission  
  96.     Acts constituting engaging in resale price maintenance  
  96A.    Resale price maintenance in relation to services  
  97.     Recommended prices  
  98.     Withholding the supply of goods  
  99.     Statements as to the minimum price of goods  
  100.    Evidentiary provisions  
          Division 1--Applications for review
  101.    Applications for review  
  101A.   Application for review of notice under subsection 93(3) or (3A) or 93AC(1) or (2)  
  102.    Functions and powers of Tribunal  
          Division 2--Procedure and Evidence
  102A.   Definition  
  103.    Procedure generally  
  104.    Regulations as to certain matters  
  105.    Power to take evidence on oath  
  106.    Hearings to be in public except in special circumstances  
  107.    Evidence in form of written statement  
  108.    Taking of evidence by single member  
  109.    Participants in proceedings before Tribunal  
  110.    Representation  
          Division 3--Review of Commission's determinations on merger clearances
  111.    Applications for review  
  112.    Tribunal to notify Commission  
  113.    Commission to give material to Tribunal  
  114.    Tribunal may consult etc. to clarify information  
  115.    Commission to assist Tribunal  
  116.    Tribunal only to consider material before the Commission  
  117.    Tribunal to make decision on review  
  118.    Time limits for making review decision  
  119.    Tribunal's decision taken to be Commission's  
          Division 1--Preliminary
          10.01 Objects of Part  
          10.01A Simplified outline  
          10.02 Interpretation  
          10.02A Inland terminals  
          10.03 Designated shipper bodies  
          Division 2--Additional restrictive trade practice provisions applying to ocean carriers
          10.04 Application of section 46 in relation to conference agreements  
          Division 3--Minimum standards for conference agreements
          10.06 Application of Australian law to outwards conference agreements and withdrawal from agreements  
          10.07 Minimum levels of shipping services to be specified in conference agreements  
          10.08 Conference agreements may include only certain restrictive trade practice provisions  
          10.09 Where may consequences of conference agreements not complying with minimum standards be found?  
          Division 4--Registers and files and public inspection of them
          10.10 Registers and conference agreement files open to public inspection  
          10.11 What registers are to be kept by the Registrar?  
          10.12 What conference agreement files are to be kept by the Registrar?  
          10.13 What register is to be kept by the Commission?  
          Division 5--Exemptions from certain restrictive trade practice prohibitions
             Subdivision A--Exemptions relating to conference agreements
             10.14 Exemptions apply only to certain activities  
             10.15 When do exemptions commence to apply in relation to registered conference agreements?  
             10.16 Exemptions do not apply to variations of conference agreement unless varying agreement registered  
             10.17 Exemptions from section 45  
             10.17a">10.17A Exemptions from section 45 for freight rate agreements  
             10.18 Exemption from section 47  
             10.18a">10.18A Exemptions from section 47 for freight rate agreements  
             Subdivision B--Exemptions relating to loyalty agreements
             10.19 Exemptions from section 45  
             10.20">10.20 Exemption from section 47  
             10.21">10.21 Exemptions cease to apply in relation to a shipper at the shipper's option  
             Subdivision D--Other exemptions
             10.24 Exemptions from sections 45 and 47 in relation to certain negotiations  
             10.24A Exemptions from sections 45 and 47 in relation to stevedoring contracts  
          Division 6--Registration of conference agreements
             Subdivision A--Provisional registration
             10.25 Application for provisional registration of conference agreement  
             10.26 How application is to be made and verified  
             10.27 Copy of agreement to be filed with application etc.  
             10.27A Copy of conference agreement to be given to designated peak shipper body  
             10.28 Decision on application for provisional registration  
             10.29 Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement  
             Subdivision B--Final registration
             10.30 Application for final registration of conference agreement  
             10.31 How application is to be made and verified  
             10.32 Copy of agreement to be filed with application etc.  
             10.33 Decision on application for final registration  
             Subdivision C--Confidentiality requests
             10.34 Request for confidentiality  
             10.35 Abstract to accompany request for confidentiality  
             10.36 Examination of abstract  
             10.37 Decision on request for confidentiality  
             10.38 Application for registration to be returned where request for confidentiality refused etc.  
             Subdivision D--Miscellaneous
             10.39 Application also to be made for registration of varying conference agreements  
             10.40 Notification of happening of affecting events prior to final registration etc.  
          Division 7--Obligations of ocean carriers in relation to registered conference agreements
          10.41 Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.  
          10.42 Application to be made for registration of varying conference agreements  
          10.43 Parties to registered conference agreement to notify happening of affecting events etc.  
          Division 8--Powers of Minister in relation to registered conference agreements
          10.44 Powers exercisable by Minister in relation to registered conference agreements etc.  
          10.45 Circumstances in which Minister may exercise powers in relation to registered conference agreements  
          10.46 Action to be taken where powers exercised by Minister without first obtaining Commission report  
          10.47 Investigation and report by Commission on reference by Minister  
          10.48 Investigation and report by Commission on own initiative or on application by affected person  
          10.49 Undertakings by parties to registered conference agreement  
          10.49A Enforcement of undertakings  
          Division 9--Obligations of non-conference ocean carriers with substantial market power
          10.50 Investigations by Commission into market power of ocean carriers  
          10.51 Determination by Minister of market power of ocean carriers  
          10.52 Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.  
          10.53 Non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.  
          Division 10--Powers of Minister in relation to non-conference ocean carriers with substantial market power
          10.54 Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with substantial market power  
          10.55 Circumstances in which Minister may exercise powers  
          10.56 Action to be taken where powers exercised by Minister without first obtaining Commission report  
          10.57 Investigation and report by Commission on reference by Minister  
          10.58 Investigation and report by Commission on application by affected person  
          10.59 Undertakings by ocean carrier  
          10.60 Enforcement of orders and undertakings  
          Division 11--Unfair pricing practices
          10.61 Powers exercisable by Minister in relation to pricing practices etc.  
          10.62 Circumstances in which Minister may exercise powers  
          10.63 Investigation and report by Commission  
          10.64 Undertakings not to engage in pricing practices  
          10.65 Enforcement of orders and undertakings  
          10.66 Determination of normal freight rates for shipping services  
          10.67 Determination of whether practice contrary to national interest  
          Division 12--Registration of ocean carrier agents
          10.68 Ocean carrier who provides international liner cargo shipping services to have registered agent  
          10.69 Representation of ocean carrier by registered agent  
          10.70 Application by ocean carrier for registration of agent  
          10.71 Registration of agent  
          10.72 Change of agent etc.  
          Division 12A--Exemption orders for inwards conference agreements etc
          10.72A Exemption orders for inwards conference agreements etc.  
          10.72B Criteria for making exemption order  
          10.72C Duration of exemption order may be limited  
          10.72D Conditions of exemption order  
          Division 13--General provisions relating to registers and conference agreement files
          10.73 Form of registers and conference agreement files  
          10.74 Deletion of entries wrongly existing in certain registers  
          10.75 Deletion of obsolete entries in certain registers  
          10.76 Correction of clerical errors and other mistakes in certain registers etc.  
          Division 14--Administration
          10.77 Registrar of Liner Shipping  
          10.78 Appointment of Registrar etc.  
          10.79 Acting Registrar  
          10.80 Registrar and staff to be public servants  
          10.81 Delegation by Minister  
          10.82 Delegation by Registrar  
          Division 14A--Review of decisions of Commission
          10.82A Review by Tribunal  
          10.82B Functions and powers of Tribunal  
          10.82C Provisions that do not apply in relation to a Tribunal review  
          Division 14B--Review of decisions of Minister
          10.82D Review by Tribunal  
          10.82E Functions and powers of Tribunal  
          10.82F Modifying register after Tribunal review  
             Subdivision A--of Division 5 applies in relation to the conference agreement concerned to the extent to which that Subdivision would have applied but for the entry of the particulars of the direction.
             10.82G Provisions that do not apply in relation to a Tribunal review  
          Division 15--Miscellaneous
          10.83 Act not to affect rights under Freedom of Information Act  
          10.84 Review of decisions of Registrar  
          10.85 Statement to accompany notices of Registrar  
          10.86 Evidence  
          10.87 Notification by Commission of references etc.  
          10.88 Exclusion of documents etc. from register of Commission investigations  
          10.89 Disclosure of confidential information  
          10.90 Fees  
          10.91 Application of Part XID and section 155 to investigations under Part  
  150A.   Definitions  
  150B.   Objects of this Part  
  150C.   The Competition Code  
  150D.   Federal Court may exercise jurisdiction under application laws of Territories  
  150E.   Exercise of jurisdiction under cross-vesting provisions  
  150F.   Commonwealth consent to conferral of functions etc. on Commonwealth entities  
  150FA.  How duty is imposed  
  150FB.  When an application law imposes a duty  
  150G.   Application laws may operate concurrently with this Act  
  150H.   No doubling-up of liabilities  
  150I.   References in instruments to the Competition Code  
  150J.   Authorisations etc. under this Act may relate also to Competition Code  
  150K.   Gazettal of jurisdictions that excessively modify the Code  
  150L.   Definitions  
  150M.   Object of this Part  
  150N.   The New Tax System Price Exploitation Code  
  150O.   Federal Court may exercise jurisdiction under application laws of Territories  
  150P.   Exercise of jurisdiction under cross-vesting provisions  
  150Q.   Application laws may confer functions on Commonwealth authorities and officers  
  150R.   Application laws may operate concurrently with this Act  
  150S.   No doubling-up of liabilities  
  150T.   References in instruments to the New Tax System Price Exploitation Code  
          Division 1--Introduction
  151AA.  Simplified outline  
  151AB.  Definitions  
  151AC.  Extension to external Territories  
  151AD.  Continuity of partnerships  
  151AE.  Additional operation of Part  
  151AF.  Telecommunications market  
  151AG.  When a body corporate is related to a partnership  
  151AH.  Degree of power in a telecommunications market  
  151AI.  Interpretation of Part IV or VII not affected by this Part  
          Division 2--Anti-competitive conduct
  151AJ.  Anti-competitive conduct  
  151AK.  The competition rule  
          Division 3--Competition notices and exemption orders
             Subdivision A--Competition notices
  151AKA. Part A competition notices  
  151AL.  Part B competition notices  
  151AM.  Competition notice to be given to carrier or carriage service provider  
  151AN.  Evidentiary effect of competition notice  
  151AO.  Duration of Part A competition notice  
  151AOA. Variation of competition notice  
  151AOB. Revocation of competition notice  
  151AP.  Guidelines  
  151AQ.  Commission to act expeditiously  
  151AQA. Stay of proceedings relating to competition notices  
  151AQB. Advisory notices  
  151AR.  Register of competition notices  
             Subdivision B--Exemption orders
  151AS.  Exemption orders  
  151AT.  Form of application  
  151AU.  Further information  
  151AV.  Withdrawal of application  
  151AW.  Commission must publicise receipt of applications  
  151AX.  Commission may refuse to consider application if it relates to the same conduct as an authorisation application  
  151AY.  Commission may refuse to consider application if it relates to the same conduct as a Part VII notification  
  151AZ.  Commission may convene conference to discuss application  
  151BA.  Commission must grant or reject application  
  151BB.  Commission to give opportunity for submissions  
  151BC.  Criteria for making exemption order  
  151BD.  Notification of decision  
  151BE.  Duration of exemption order may be limited  
  151BF.  Conditions of exemption order  
  151BG.  Revocation of exemption order  
  151BH.  Register of exemption orders  
             Subdivision C--Miscellaneous
  151BJ.  Conduct includes proposed conduct  
          Division 4--Tariff filing
  151BK.  Tariff filing directions  
  151BL.  Specification of goods and services  
  151BM.  Notification of reasons  
  151BN.  Duration of direction may be limited  
  151BO.  Revocation of direction  
  151BP.  Variation of direction  
  151BQ.  Public access to tariff information  
  151BR.  Register of tariff filing directions  
  151BT.  Meaning of terms and conditions  
          Division 5--Tariff filing by Telstra
  151BTA. Tariff filing by Telstra  
          Division 6--Record-keeping rules and disclosure directions
  151BU.  Commission may make record-keeping rules  
  151BUAA.Minister may give directions to Commission  
  151BUAAA.Minister to give direction to Commission about Telstra's wholesale operations and retail operations  
  151BUAB.Request for disclosure  
  151BUA. Commission gives access to reports  
  151BUB. Carrier or carriage service provider gives access to reports  
  151BUC. Carrier or carriage service provider gives access to periodic reports  
  151BUD. Exemption of reports from access requirements  
  151BUDA.Commission gives access to Ministerially-directed reports  
  151BUDB.Carrier or carriage service provider gives access to Ministerially-directed reports  
  151BUDC.Carrier or carriage service provider gives access to Ministerially-directed periodic reports  
  151BUE. Access via the Internet  
  151BUF. Self-incrimination  
  151BV.  Incorrect records  
          Division 7--Enforcement of the competition rule, tariff filing directions, record-keeping rules and disclosure directions
  151BW.  Person involved in a contravention of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction  
  151BX.  Pecuniary penalties for breach of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction  
  151BY.  Civil action for recovery of pecuniary penalties  
  151BZ.  Criminal proceedings not to be brought for contraventions of the competition rule, tariff filing directions , record-keeping rules or disclosure directions  
  151CA.  Injunctions  
  151CB.  Orders to disclose information or publish an advertisement--breach of the competition rule  
  151CC.  Actions for damages--breach of the competition rule  
  151CD.  Finding of fact in proceedings to be evidence  
  151CE.  Other orders--compensation for breach of the competition rule  
  151CF.  Conduct by directors, employees or agents  
          Division 8--Disclosure of documents by Commission
  151CG.  Disclosure of documents by Commission  
          Division 9--Treatment of partnerships
  151CH.  Treatment of partnerships  
          Division 10--Review of decisions
  151CI.  Review by Tribunal  
  151CJ.  Functions and powers of Tribunal  
  151CK.  Provisions that do not apply in relation to a Tribunal review  
          Division 11--Reviews of competitive safeguards within the telecommunications industry
  151CL.  Reviews of competitive safeguards within the telecommunications industry  
          Division 12--Monitoring of telecommunications charges paid by consumers
  151CM.  Monitoring of telecommunications charges paid by consumers  
          Division 12A--Reports about competition in the telecommunications industry
  151CMA. Public reports about competition in the telecommunications industry  
  151CMB. Confidential reports about competition in the telecommunications industry  
  151CMC. Examples of matters that may be specified in a determination under section 151CMA or 151CMB  
          Division 13--Review of operation of this Part
  151CN.  Review of operation of this Part  
          Division 14--Operational separation for Telstra
  151CP.  Operational separation for Telstra  
          Division 1--Introduction
  152AA.  Simplified outline  
  152AB.  Object of this Part  
  152AC.  Definitions  
  152AD.  This Part binds the Crown  
  152AE.  Extension to external Territories  
  152AF.  Access  
  152AG.  Access seeker  
  152AH.  Reasonableness--terms and conditions  
  152AJ.  Interpretation of Part IIIA not affected by this Part  
  152AK.  Operation of Parts IV and VII not affected by this Part  
          Division 2--Declared services
  152AL.  Declared services  
  152ALA. Duration of declaration  
  152AM.  Inquiries about proposals to declare services  
  152AN.  Combined inquiries about proposals to declare services  
  152AO.  Variation or revocation of declaration  
  152AQ.  Register of declared services  
  152AQA. Pricing principles  
  152AQB. Model terms and conditions relating to access to core services  
  152AQC. Compensation for acquisition of property  
          Division 3--Standard access obligations
  152AR.  Standard access obligations  
  152AS.  Ordinary class exemptions from standard access obligations  
  152ASA. Anticipatory class exemptions from standard access obligations  
  152AT.  Ordinary individual exemptions from standard access obligations  
  152ATA. Anticipatory individual exemptions from standard access obligations  
  152AU.  Individual exemptions--request for further information  
  152AV.  Review by Tribunal of exemption order decision  
  152AW.  Functions and powers of Tribunal  
  152AX.  Provisions that do not apply in relation to a Tribunal review  
  152AXA. Statement of reasons for reviewable decision--specification of documents  
  152AY.  Compliance with standard access obligations  
  152AYA. Ancillary obligations--confidential information  
  152AZ.  Carrier licence condition  
  152BA.  Service provider rule  
  152BB.  Judicial enforcement of standard access obligations  
  152BBAA.Judicial enforcement of conditions and limitations of exemption determinations and orders  
  152BBA. Commission may give directions in relation to negotiations  
  152BBB. Enforcement of directions  
  152BBC. Commission's role in negotiations  
  152BBD. Reaching agreement on terms and conditions of access  
          Division 4--Telecommunications access code
  152BJ.  Telecommunications access code  
  152BK.  Content of telecommunications access code  
  152BL.  Commission must invite public submissions on telecommunications access code  
  152BM.  Commission must consult the ACMA about code  
  152BN.  Copy of code to be given to the ACMA  
  152BR.  Register of telecommunications access codes  
          Division 5--Access undertakings
             Subdivision A--Ordinary access undertakings
  152BS.  What is an ordinary access undertaking?  
  152BT.  Further information about undertaking  
  152BU.  Commission to accept or reject access undertaking  
  152BV.  Acceptance of access undertaking--model terms and conditions in access code not adopted  
  152BW.  Acceptance of access undertaking--model terms and conditions in access code adopted  
  152BX.  Duration of access undertaking  
  152BY.  Variation of access undertakings  
  152BZ.  Further information about variation of access undertaking  
  152CA.  Voluntary withdrawal of undertaking  
  152CB.  Replacement of access undertaking  
             Subdivision B--Special access undertakings
  152CBA. What is a special access undertaking?  
  152CBB. Further information about undertaking  
  152CBC. Commission to accept or reject access undertaking  
  152CBD. Criteria for accepting access undertaking  
  152CBE. Extension of access undertaking  
  152CBF. Duration of access undertaking  
  152CBG. Variation of access undertakings  
  152CBH. Further information about variation of access undertaking  
  152CBI. Voluntary withdrawal of undertaking  
  152CBJ. Proposed service  
             Subdivision C--General provisions
  152CC.  Register of access undertakings  
  152CD.  Enforcement of access undertakings  
  152CDA. Deferral of consideration of an access undertaking etc.  
  152CE.  Review by Tribunal  
  152CF.  Functions and powers of Tribunal  
  152CG.  Provisions that do not apply in relation to a Tribunal review  
  152CGA. Statement of reasons for reviewable decision--specification of documents  
  152CGB. Access undertakings prevail over inconsistent arbitral determinations  
          Division 6--Ministerial pricing determinations
  152CH.  Ministerial pricing determinations  
  152CI.  Undertakings and codes that are inconsistent with Ministerial pricing determinations  
  152CJ.  Register of Ministerial pricing determinations  
          Division 7--Relationship between this Part and Part IIIA
  152CK.  Relationship between this Part and Part IIIA  
          Division 8--Resolution of disputes about access
             Subdivision A--Introduction
  152CL.  Definitions  
  152CLA. Resolution of access disputes  
             Subdivision B--Notification of access disputes
  152CM.  Notification of access disputes  
  152CN.  Withdrawal of notifications  
             Subdivision C--Arbitration of access disputes
  152CO.  Parties to the arbitration  
  152CP.  Determination by Commission  
  152CPA. Interim determination by Commission  
  152CQ.  Restrictions on access determinations  
  152CR.  Matters that the Commission must take into account  
  152CRA. Publication of determinations  
  152CS.  Commission may terminate arbitration in certain cases  
  152CT.  Commission may give directions in relation to negotiations  
  152CU.  Enforcement of directions  
             Subdivision D--Procedure in arbitrations
  152CV.  Constitution of Commission for conduct of arbitration  
  152CW.  Member of the Commission presiding at an arbitration  
  152CWA. Exercise of procedural powers by Commission members  
  152CX.  Reconstitution of Commission  
  152CY.  Determination of questions  
  152CZ.  Hearing to be in private  
  152DA.  Right to representation  
  152DB.  Procedure of Commission  
  152DBA. Using information from one arbitration in another arbitration  
  152DC.  Particular powers of Commission  
  152DD.  Power to take evidence on oath or affirmation  
  152DE.  Failing to attend as a witness  
  152DF.  Failing to answer questions etc.  
  152DG.  Giving false or misleading evidence  
  152DH.  Provision of false or misleading document  
  152DI.  Intimidation etc.  
  152DJ.  Disturbing an arbitration hearing etc.  
  152DK.  Party may request Commission to treat material as confidential  
  152DL.  Sections 18 and 19 do not apply to the Commission in an arbitration  
  152DM.  Parties to pay costs of an arbitration  
  152DMA. Joint arbitration hearings  
             Subdivision E--Effect of determinations
  152DN.  Operation of determinations  
  152DNA. Backdating of final determinations  
  152DNB. Stay of determinations  
  152DNC. Continuity of final determination not affected by expiry of declaration relating to declared service  
             Subdivision G--Variation of determinations
  152DT.  Variation of determinations  
             Subdivision H--Enforcement of determinations
  152DU.  Enforcement of determinations  
  152DV.  Consent injunctions  
  152DW.  Interim injunctions  
  152DX.  Factors relevant to granting a restraining injunction  
  152DY.  Factors relevant to granting a mandatory injunction  
  152DZ.  Discharge or variation of injunction or other order  
             Subdivision I--Miscellaneous
  152EA.  Register of determinations  
  152EAA. Commission's powers under Division 6 of Part XIB not limited  
  152EB.  Compensation for acquisition of property  
          Division 9--Registered agreements for access to declared services
  152EC.  Agreements to which this Division applies  
  152ED.  Registration of agreement  
  152EE.  Effect of registration of agreement  
          Division 10--Hindering the fulfilment of a standard access obligation etc
  152EF.  Prohibition on hindering the fulfilment of a standard access obligation etc.  
  152EG.  Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc.  
  152EH.  Consent injunctions  
  152EI.  Interim injunctions  
  152EJ.  Factors relevant to granting a restraining injunction  
  152EK.  Factors relevant to granting a mandatory injunction  
  152EL.  Discharge or variation of injunction or other order  
          Division 10A--Procedural Rules
  152ELA. Procedural Rules  
  152ELB. Public consultation  
  152ELC. Plan for the development of Procedural Rules  
          Division 11--Miscellaneous
  152EM.  Continuity of partnerships  
  152EN.  Treatment of partnerships  
  152EO.  Conduct by directors, servants or agents  
  152EP.  Regulations about fees for inspection etc. of registers  
  152EQ.  Operational separation for Telstra  
          Division 1--Preliminary
  154.    Simplified outline  
  154A.   Definitions  
          Division 2--Appointment of inspectors and identity cards
  154B.   Appointment of inspectors  
  154C.   Identity cards  
          Division 3--Entry to premises with consent
  154D.   Entry with consent  
  154E.   Powers in relation to premises  
  154F.   Operation of electronic equipment at premises  
          Division 4--Entry to premises under a search warrant
             Subdivision A--Powers available under a search warrant
  154G.   The things that are authorised by a search warrant  
  154H.   Operation of electronic equipment at premises  
  154J.   Securing electronic equipment for use by experts  
             Subdivision B--Availability of assistance and use of force in executing a search warrant
  154K.   Authorisation of officers assisting  
  154L.   Availability of assistance and use of force in executing a search warrant  
             Subdivision C--Obligations of executing officer and officers assisting
  154M.   Announcement before entry  
  154N.   Details of warrant to be given to occupier  
             Subdivision D--Occupier's rights and responsibilities
  154P.   Occupier entitled to observe search being conducted  
  154Q.   Occupier to provide reasonable facilities and assistance  
  154R.   Answering of questions or producing evidential material  
             Subdivision E--General provisions relating to seizure
  154S.   Copies of seized things to be provided  
  154T.   Receipts for things seized under warrant  
  154U.   Return of seized things  
  154V.   Magistrate may permit a thing to be retained  
  154W.   Disposal of things if there is no owner or owner cannot be located  
             Subdivision F--Search warrants
  154X.   Issue of search warrants  
  154Y.   Search warrants by telephone, fax etc.  
  154Z.   Offences relating to warrants  
             Subdivision G--Powers of magistrates
  154ZA.  Powers conferred on magistrates  
          Division 5--General provisions relating to electronic equipment
  154ZB.  Operation of electronic equipment at premises  
  154ZC.  Compensation for damage to electronic equipment  
  155.    Power to obtain information, documents and evidence  
  155AAA. Protection of certain information  
  155AA.  Protection of Part VB information  
  155A.   Power to obtain information and documents in New Zealand relating to trans-Tasman markets  
  155B.   Australian Competition and Consumer Commission may receive information and documents on behalf of New Zealand Commerce Commission  
  156.    Inspection of documents by Commission  
  157.    Disclosure of documents by Commission  
  157AA.  Disclosure of documents by Tribunal in relation to merger authorisations  
  157A.   Disclosure of information by Commission  
  158.    Protection of members of Tribunal, counsel and witnesses  
  159.    Incriminating answers  
  160.    Failure of witness to attend  
  161.    Refusal to be sworn or to answer questions  
  162.    Contempt  
  162A.   Intimidation etc.  
  163.    Prosecutions  
  163A.   Declarations and orders  
  165.    Inspection of, furnishing of copies of, and evidence of, documents  
  166.    Certificates as to furnishing of particulars to Commission  
  167.    Judicial notice  
  170.    Legal and financial assistance  
  171.    Annual report by Commission  
  171A.   Charges by the Commission  
  171B.   Division 3 of Part IIIA and Division 8 of Part XIC do not confer judicial power on the Commission  
  172.    Regulations  
  173.    Authorisation for the purposes of subsection 51(1)  
          SCHEDULE The Schedule versions of Parts IV and VB

 

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