Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

TRADE PRACTICES AMENDMENT REGULATIONS 2001 (NO. 5) 2001 NO. 226

Statutory Rules 2001 No. 226

Issued by the authority of the Minister for Financial Services and Regulation

Trade Practices Act 1974

Trade Practices Amendment Regulations 2001 (No. 5)

Subsection 172(1) of the Trade Practices Act 1974 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act. In particular, paragraph 172(1)(d) provides for the prescribing of fees payable for making a prescribed application or giving a prescribed notice.

Part V11 of the Act provides for the authorisation and notification of restrictive trade practices, which practices are prohibited under the provisions of Part IV of the Act. Authorisations must be applied for, and notices of exclusive dealing given to, the Australian Competition and Consumer Commission in the form prescribed (sections 89 and 93). Part XIA of the Act establishes the Competition Code, which the States and Territories have applied by their relevant application statutes, to provide extended coverage of Part IV and related provisions - including authorisation and notification - beyond the limits of Commonwealth power.

The purpose of the Regulations is to amend the Trade Practices Regulations 1974 to clarify the fees payable where authorisation is applied for, or notification given, under both the Act and the Code.

Regulation 28 prescribes that the fees to be paid to the Commission for certain applications or notices and concessional fees for additional applications or notices covering conduct in the same (or a closely related) market which have been lodged within 14 days.

The Regulations clarify that:

•       where an application is made, or notice given, by a person under both the Act and the Code for the same conduct, one fee only is payable; and

•       the concessional fee arrangements apply to applications and notifications made under the Code, as well as the Act.

The Regulations commence on gazettal.