When was trade practices act repealed

Determination by Commission Restrictions on access determinations Matters that the Commission must take into account Time limit for Commission 's final determination Commission may terminate arbitration in certain cases Commission must terminate arbitration if declaration varied or set aside by Tribunal Subdivision D--Procedure in arbitrations Constitution of Commission for conduct of arbitration Member of the Commission presiding at an arbitration..

Reconstitution of Commission Determination of questions Hearing to be in private Right to representation Procedure of Commission Particular powers of Commission Power to take evidence on oath or affirmation Failing to attend as a witness Failing to answer questions etc Intimidation etc Party may request Commission to treat material as confidential Sections 18 and 19 do not apply to the Commission in an arbitration Parties to pay costs of an arbitration Joint arbitration hearings Subdivision DA--Arbitration reports Arbitration reports Subdivision E--Effect of determinations Operation of final determinations Effect and duration of interim determinations Subdivision F--Review of final determinations Review by Tribunal Provisions that do not apply in relation to a Tribunal review Appeals to Federal Court from determinations of the Tribunal Operation and implementation of a determination that is subject to appeal Transmission of documents Subdivision G--Variation and revocation of determinations Variation of final determinations Variation and revocation of interim determinations Division Registered contracts for access to declared services Registration of contract Review of decision not to register contract Effect of registration of contract Division Hindering access to declared services Prohibition on hindering access to declared services Division Access undertakings and access codes for services Subdivision A--Giving of access undertakings and access codes Access undertakings by providers Proposed amendments to access undertakings Access undertakings containing fixed principles Access codes prepared by industry bodies Commission may rely on industry body consultations Subdivision B--Effect of access undertakings and access codes When access undertakings and access codes come into operation Subdivision C--Extensions of access undertakings and access codes Extensions of access undertakings and access codes Review of decisions Subdivision F--Register of access undertakings and access codes Register of access undertakings and access codes Division 6A--Pricing principles for access disputes and access undertakings or codes Pricing principles for access disputes and access undertakings or codes Division 6B--Overlap among determinations , registered contracts , access undertakings and Tribunal review Deferring access disputes or access undertakings Deferral of arbitration if review is underway Overlap between determinations and access undertakings Overlap between registered contracts and access undertakings Division Enforcement and remedies Enforcement of determinations Enforcement of prohibition on hindering access Consent injunctions Interim injunctions Factors relevant to granting a restraining injunction Factors relevant to granting a mandatory injunction Enforcement of access undertakings Discharge or variation of injunction or other order Division Miscellaneous Register of determinations No merits review by Tribunal of decisions under energy laws When a law of a State or Territory imposes a duty Compensation for acquisition of property Conduct by directors , servants or agents Information to be given to Tribunal Tribunal only to consider particular material Time limit for Tribunal decisions Regulations about review by the Tribunal Regulations about fees for inspection etc.

Part IV--Restrictive trade practices Division Cartel conduct Subdivision A--Introduction Simplified outline Extended meaning of party Cartel provisions Meaning of expressions in other provisions of this Act. Subdivision B--Offences etc. Making a contract etc. Giving effect to a cartel provision Determining guilt Court may make related civil orders Subdivision C--Civil penalty provisions Subdivision D--Exceptions Conduct notified Cartel provision subject to grant of authorisation Contracts , arrangements or understandings between related bodies corporate Joint ventures--prosecution Joint ventures--civil penalty proceedings Resale price maintenance Exclusive dealing Dual listed company arrangement Acquisition of shares or assets Collective acquisition of goods or services by the parties to a contract , arrangement or understanding Division Other provisions Contracts , arrangements or understandings that restrict dealings or affect competition Secondary boycotts for the purpose of causing substantial loss or damage Secondary boycotts for the purpose of causing substantial lessening of competition Boycotts affecting trade or commerce Involvement and liability of employee organisations Situations in which boycotts permitted Prohibition of contracts , arrangements or understandings affecting the supply or acquisition of goods or services Provisions contravening section 45E not to be given effect Sections 45D to 45EA do not affect operation of other provisions of Part Misuse of market power Misuse of market power--corporation with substantial degree of power in trans-Tasman market No immunity from jurisdiction in relation to certain New Zealand laws Dual listed company arrangements that affect competition Prohibition of acquisitions that would result in a substantial lessening of competition Acquisitions that occur outside Australia Concurrent operation of State and Territory laws Part IVB--Industry codes Meaning of industry code Division Contravention of industry codes Contravention of industry codes Division 2A--Infringement notices Purpose and effect of this Division Issuing an infringement notice Matters to be included in an infringement notice Amount of penalty Effect of compliance with an infringement notice Effect of failure to comply with an infringement notice..

Infringement notice compliance period for infringement notice Withdrawal of an infringement notice Division Public warning notices Commission may issue a public warning notice Division Orders to redress loss or damage suffered by non-parties etc. Orders to redress loss or damage suffered by non-parties etc. Kinds of orders that may be made to redress loss or damage suffered by non-parties etc.

Division Investigation power Commission may require corporation to provide information Extending periods for complying with notices Compliance with notices False or misleading information etc Regulations relating to industry codes Functions and powers of Commission under industry codes.. Acquisition of property Division Basic concepts Making content available Interacting with content Distributing content Division Designated digital platform corporation and designated digital platform services Minister may make designation determination Division Registered news businesses and registered news business corporations Application for registration of news business and news business corporation Registration of news business and news business corporation Revocation of registration or endorsement--general Revocation of registration or endorsement--false or misleading information or documents Obligation on registered news business corporation to notify ACMA of loss of qualification for registration Adding or removing news source from registered news business Requirements for connection between corporation and news business Revenue test Content test Australian audience test Professional standards test Division General requirements Subdivision A--Preliminary Obligations in respect of digital platform services individually Subdivision B--The minimum standards Giving list and explanation of data provided to registered news businesses Change to algorithm to bring about identified alteration to distribution of content with significant effect on referral traffic Section 52S --dominant purpose Section 52S --significant effect Subdivision C--Recognition of original covered news content Recognition of original covered news content Subdivision D--Facilitating open communication Facilitating open communication--responsible digital platform corporation for designated digital platform service Facilitating open communication--registered news business corporation for registered news business Subdivision E--Trade secrets and personal information Trade secrets Personal information Division Non-differentiation Digital service to be supplied without differentiating in relation to registered news businesses Division Bargaining Bargaining news business representative for a registered news business Notification of bargaining Subdivision B--Bargaining obligations Application of Subdivision Bargaining parties , core bargaining issues and represented registered news businesses Obligation to negotiate in good faith Obligation to notify Commission if agreement reached..

Subdivision BA--Mediation Obligation to participate in mediation Rules about conduct of mediation Termination of mediation Subdivision C--Miscellaneous Bargaining over other issues Division Arbitration about remuneration issue Register of bargaining code arbitrators Subdivision B--Starting arbitration Notification of arbitration Formation of arbitral panel Disclosure of conflicts of interest where ACMA appoints member of panel Costs of arbitral panel Chair to notify start of arbitration Bargaining parties ' agreement about dealing with extra services in arbitration Subdivision C--Final offer arbitration Obligation to participate in arbitration in good faith Information request by bargaining party --general Information request by bargaining party --challenges by other bargaining party Information request by bargaining party --miscellaneous rules Agreed early termination of arbitration Final offer arbitration Final offer to be accompanied by information about contracts Final offer arbitration--termination of arbitration if no final offers Matters to consider in arbitration, etc Other requirements for arbitration determination Submissions of bargaining parties Role of Commission Guidelines about conduct of arbitration Subdivision D--Effect of arbitral determination Bargaining parties must comply with the determination..

Division Enforcement etc. Record generating and keeping Infringement notices --Division 4 of this Part Joint and several liability for pecuniary liabilities Division Agreements between digital platform corporations and registered news business corporations Simplified outline of this Division Standard offers--content Standard offers--consequences of agreement Contracting out of general requirements , bargaining and arbitration Offers relating to general requirements , bargaining and arbitration not prohibited Powers of the ACMA to obtain information etc Exceptions to Part IV Giving information and producing documents by electronic means Review of operation of this Part Part IVC--Payment surcharges Object of this Part Division Limit on payment surcharges Payment surcharges must not be excessive Division Information about payment surcharges Surcharge information notices Participant must comply with notice Division Infringement notices Part IVD--Consumer data right Subdivision A--Object and simplified outline Subdivision B--Designating sectors subject to the consumer data right Designated sectors subject to the consumer data right Minister's tasks before designating a sector etc Secretary must arrange for analysis, consultation and report about an instrument proposing to designate a sector Commission must analyse an instrument proposing to designate a sector Information Commissioner must analyse and report about an instrument proposing to designate a sector Other matters Subdivision C--Meanings of key terms Meaning of data holder Meaning of accredited data recipient Meanings of CDR participant and designated gateway..

Subdivision D--Extension to external Territories and extraterritorial operation Extension to external Territories Extraterritorial operation of the CDR provisions Geographical application of offences Subdivision E--Application to government entities CDR provisions bind the Crown Government entities may participate under this Part Participating government entities of a State or Territory --declaration Participating government entities of a State or Territory --revocation Subdivision F--Application to acts done by or in relation to agents etc.

Acts done by or in relation to agents etc. Division Consumer data right Subdivision A--Power to make consumer data rules Minister may make consumer data rules Matters that the consumer data rules may deal with Rules about disclosure, collection, use, accuracy, storage, security or deletion of CDR data for which there are CDR consumers Rules about disclosure, collection, use, accuracy, storage, security or deletion of product data Limitations for rules about product data Rules about designated gateways Rules about accreditation of data recipients Rules about reporting, record keeping and auditing Rules about incidental or related matters Further limitations on the consumer data rules Subdivision B--Compliance with consumer data rules Obligation to comply with consumer data rules Infringement notices Misleading or deceptive conduct--offence Misleading or deceptive conduct--civil penalty Subdivision C--Process for making consumer data rules etc.

Minister's tasks before making the rules Secretary must arrange for consultation and report before the rules are made Commission and Information Commissioner must analyse the proposed rules Emergency rules: public consultation not required etc Emergency rules: consequences if made Charging a fee in inappropriate circumstances when required to disclose CDR data Commission may intervene if fee for disclosing or using chargeable CDR data is unreasonable etc.

Review by the Tribunal of determinations specifying particular CDR participants Functions and powers of Tribunal Division Accreditation etc. Subdivision A--Accreditation process Granting accreditations Review of decisions refusing to accredit Prohibition on holding out--offence Prohibition on holding out--civil penalty Subdivision B--Register of Accredited Persons Register of Accredited Persons Evidentiary value of the register Subdivision C--Data Recipient Accreditor Appointment of the Data Recipient Accreditor Functions, powers and annual report Directions by Minister Subdivision D--Accreditation Registrar Appointment of the Accreditation Registrar Division External dispute resolution Minister may recognise external dispute resolution schemes Division Privacy safeguards Kinds of CDR data to which the privacy safeguards apply Relationship with other laws Privacy safeguard open and transparent management of CDR data Privacy safeguard anonymity and pseudonymity Privacy safeguard notifying of the collection of CDR data Privacy safeguard use or disclosure of CDR data by accredited data recipients or designated gateways Privacy safeguard use or disclosure of CDR data for direct marketing by accredited data recipients or designated gateways Privacy safeguard overseas disclosure of CDR data by accredited data recipients Privacy safeguard adoption or disclosure of government related identifiers by accredited data recipients Privacy safeguard notifying of the disclosure of CDR data Privacy safeguard quality of CDR data Privacy safeguard correction of CDR data Subdivision G--Compliance with the privacy safeguards Information Commissioner to promote compliance etc Information Commissioner may conduct an assessment relating to the management and handling of CDR data Notification of CDR data security breaches Investigating breaches of the privacy safeguards etc Civil penalty provisions Civil penalty provisions --maximum amount of penalty.

Enforceable undertakings Actions for damages Delegation to the Commission etc Division Data standards etc. Subdivision A--Data standards Making data standards What data standards can set out etc Data standards must be published Legal effect of data standards Enforcement of binding data standards Subdivision B--Data Standards Chair Data Standards Chair Appointment of the Data Standards Chair Functions and powers of the Data Standards Chair Subdivision C--Data Standards Body Appointment of the Data Standards Body Function and powers of the Data Standards Body Subdivision D--Administrative provisions Terms and conditions Application of the finance law etc Division Other matters CDR functions of the Information Commissioner Delegation by Secretary Referring to instruments as in force from time to time Complying with requirements to provide CDR data : protection from liability Exemptions by the Commission Exemptions and modifications by regulations Constitutional basis Review of the operation of this Part Part V--Carbon tax price reduction obligation Simplified outline of this Part Objects etc Regulated goods Division Carbon tax price reduction obligation Price exploitation in relation to the carbon tax repeal Notice to entity that is considered to have engaged in price exploitation in relation to the carbon tax repeal Commission may issue notice to aid prevention of price exploitation in relation to the carbon tax repeal Division 2A--Carbon tax removal substantiation notices Carbon tax removal substantiation notices Extending periods for complying with carbon tax removal substantiation notices Compliance with carbon tax removal substantiation notices Division 2B--Carbon tax removal substantiation statements Carbon tax removal substantiation statements Division 2C--Statements for customers Statements for customers Division Price monitoring in relation to the carbon tax repeal etc.

Commission may monitor prices in relation to the carbon tax repeal etc. Information-gathering powers Division False or misleading representations about the effect of the carbon tax repeal etc.

False or misleading representations about the effect of the carbon tax repeal etc. Effect of this Division Part VI--Enforcement and remedies Pecuniary penalties Defence to proceedings under section 76 relating to a contravention of section 92 Consequences in some cases if substantially the same conduct contravenes a provision of this Act and is an offence Civil action for recovery of pecuniary penalties Indemnification of officers Certain indemnities not authorised and certain documents void Application of section 77A to a person other than a body corporate Criminal proceedings not to be brought for contraventions of Part IV Offences against section 45AF or 45AG Enforcement and recovery of certain fines Preference must be given to compensation for victims Price exploitation in relation to the carbon tax repeal --orders limiting prices or requiring refunds of money Stay of injunctions Injunctions to prevent mergers if authorisation granted on the basis of false or misleading information Divestiture where merger contravenes section 50 or 50A Divestiture where merger done under authorisation granted on false etc.

Findings and admissions of fact in proceedings to be evidence Conduct by directors , employees or agents Jurisdiction of courts Transfer of matters Non-punitive orders Punitive orders--adverse publicity Order disqualifying a person from managing corporations Privilege against exposure to penalty --disqualification from managing corporations Other orders Special provision relating to Court 's exercise of powers under this Part in relation to boycott conduct Enforcement of undertakings Enforcement of undertakings--Secretary of the Department Intervention by Commission Part VIA--Proportionate liability for misleading and deceptive conduct Application of Part Certain concurrent wrongdoers not to have benefit of apportionment Proportionate liability for apportionable claims Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware Contribution not recoverable from defendant Subsequent actions Joining non-party concurrent wrongdoer in the action Part VIB--Claims for damages or compensation for death or personal injury Division Introduction Proceedings to which this Part applies Division Limitation periods Basic rule Date of discoverability Long-stop period The effect of minority or incapacity The effect of close relationships Division Limits on personal injury damages for non-economic loss Limits on damages for non-economic loss Maximum amount of damages for non-economic loss Index numbers Most extreme cases Referring to earlier decisions on non-economic loss Division Limits on personal injury damages for loss of earning capacity Personal injury damages for loss of earning capacity Average weekly earnings Division Limits on personal injury damages for gratuitous attendant care services Personal injury damages for gratuitous attendant care services for plaintiff Personal injury damages for loss of plaintiff 's capacity to provide gratuitous attendant care services Division Other limits on personal injury damages Damages for future economic loss--discount rate Damages for loss of superannuation entitlements Interest on damages Exemplary and aggravated damages Division Structured settlements Court may make orders under section 87 for structured settlements Part VII--Authorisations and notifications Division Authorisations Commission may grant authorisations Procedure for applications and the keeping of a register.

Determination of applications for authorisations Commission to afford opportunity for conference before determining application for authorisation Commission may rely on consultations undertaken by the AEMC Grant and variation of authorisations Minor variations of authorizations Revocation of an authorization Revocation of an authorization and substitution of a replacement Providing false or misleading information Division Notifications Subdivision A--Exclusive dealing and resale price maintenance Notification of exclusive dealing or resale price maintenance..

Imposing conditions relating to notifications Subdivision B--Collective bargaining Notification of collective bargaining Commission 's objection notice Imposing conditions relating to collective boycott conduct When collective bargaining notice comes into force and ceases to be in force Withdrawal of collective bargaining notice Only 1 collective bargaining notice under subsection 93AB 1A may be given Only 1 collective bargaining notice under subsection 93AB 1 may be given Stop notice for collective boycott conduct Subdivision C--Conferences Commission to afford opportunity for conference before giving notice Subdivision D--Register of notifications Register of notifications Division Class exemptions Commission may determine class exemptions Commission may withdraw the benefit of class exemption in particular case Exempt supplies Crown to be bound Simplified overview of this Part Division Commission's functions under this Part Commission 's functions under this Part Division Price inquiries Subdivision A--Holding of inquiries Price inquiries Content of inquiry notices Period for completing inquiry Notice of holding of inquiry Notice of extension of period for completing inquiry Price restrictions Subdivision B--Reports on inquiries Copies of report to be made available The ACL introduces some new penalties, enforcement powers and options for redress of consumer grievances.

For those of you who are familiar with navigating the familiar territory of the TPA, we have prepared the table below to help guide you as you familiarise yourselves with the new regime. Aside from familiarising yourself with the ACL, it is now important to review all relevant contractual documentation to ensure it is compliant with the new national regime. Issues to be particularly mindful of include:. The content of this article is intended to provide a general guide to the subject matter.

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Key Points From 1 January the Trade Practices Act Cth has been replaced by the Competition and Consumer Act Cth Whilst most substantive amendments relate to fair trading and consumer protection, a broadening of the definition of a consumer means that many B-to-B transactions will be affected The implementation of the national Australian Consumer Law has led to a restructure of some parts of the Act, meaning many sections have been moved and received new numbering.

Further, State fair trading legislation has been repealed As a consequence, all businesses should immediately review current agreements and their standard form contracts to ensure they are both compliant and refer to the correct legislative provisions.

Background 2 phases of change The new year has ushered in phase 2 of a raft of changes to the consumer law landscape in Australia with the Trade Practices Amendment Australian Consumer Law Act No 2 Cth which commenced 1 January Key legislative changes from 1 January 1. Repeal of State and Territory laws All States and Territories have enacted legislation repealing their respective fair trading legislation and adopting the national competition and consumer law regime For transactions that occurred up to 31 December , the previous State or Territory consumer laws will continue to apply.

Consumer guarantees Statutorily implied conditions and warranties have been replaced with new consumer guarantees. Product safety law and enforcement The ACL provides a single national approach and enforcement tools for product safety in relation to consumer goods and product related services including safety bans, product recalls and reporting and notification requirements.

Unsolicited consumer agreements The ACL includes a new, national law for unsolicited consumer agreements which replaces existing relevant State and Territory laws. Lay-bys The ACL provides simple national rules for lay-by agreements. Enforcement and remedies The ACL introduces some new penalties, enforcement powers and options for redress of consumer grievances. The enforcement measures available for breaches or suspected breaches of the ACL are: infringement notices enforceable undertakings substantiation notices the ACCC can issue notices requiring a person to substantiate a claim without having reason to believe that a contravention of the ACL has occurred.

To issue such a notice, the ACCC must be satisfied that one or more persons has suffered or is likely to suffer detriment as a result of the conduct and that it is in the public interest to issue the notice. A public warning notice may be issued in response to a failure by a person to respond to a substantiation notice. The remedies available under the ACL are: Civil pecuniary penalties Disqualification orders Non-punitive orders Adverse publicity orders Declarations Injunctions Damages Compensatory orders Redress for non-parties regulators may seek, pursuant to section of the ACL, particular remedies such as refunds or contract variations to remedy a breach of the ACL in certain circumstances without first establishing the identity of exactly whom the breach affected.

Navigating the ACL For those of you who are familiar with navigating the familiar territory of the TPA, we have prepared the table below to help guide you as you familiarise yourselves with the new regime.

Implications Aside from familiarising yourself with the ACL, it is now important to review all relevant contractual documentation to ensure it is compliant with the new national regime. Issues to be particularly mindful of include: terms that may attempt to exclude or limit the operation of the statutory guarantees in circumstances where it is unlawful to do so terms and conditions that may be considered unfair, either as drafted or in their application references to the TPA or particular sections within it that have now The content of this article is intended to provide a general guide to the subject matter.

Calum Henderson. Without legislated certainty, it seems inevitable that businesses are going to be sued by their staff, customers or neighbours. Recent trends in misleading or deceptive conduct and contracts Bartier Perry. Learnings from two areas of misleading or deceptive conduct allegations in contracting in commercial cases. Spamming and the Spam Act Pointon Partners. A reminder that there is a Spam Act which sets out rules relating to spam messages as explained here.

Defusing the ticking time bomb: Takata airbag recalls Kells. Following ACCC investigations, a compulsory product recall was initiated for all vehicles with defective Takata airbags. School ordered to make compensation payments after unreasonable teacher transfer Cooper Grace Ward. Schools should exercise caution when delivering information that could adversely impact a teacher's mental health. Updates to Australian consumer laws make unfair terms in small business contracts unlawful and introduce penalties Logie Smith Lanyon.

The Consumer Affairs Forum has agree to reform the law regarding unfair contract terms in Australia.