Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Trade Practices Act 1974 to enable the Australian Competition and Consumer Commission to undertake representative actions, and for related purposes
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Introduced Senate 19 Jun 2001

Trade Practices Amendment (Representative Actions) Bill 2001
First Reading

1998-1999-2000-2001

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Trade Practices Amendment (Representative Actions) Bill 2001

No. , 2001

(Senator Schacht)

A Bill for an Act to amend the Trade Practices Act 1974 to enable the Australian Competition and Consumer Commission to undertake representative actions, and for related purposes

ISBN: 0642 459614

Contents

A Bill for an Act to amend the Trade Practices Act 1974 to enable the Australian Competition and Consumer Commission to undertake representative actions, and for related purposes

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Trade Practices Amendment (Representative Actions) Act 2001.

2 Commencement This Act commences on the 28th day after the day on which it receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendment of the Trade Practices Act 1974 1 Subsections 87(1A) and (1B)

Repeal the subsections, substitute:

(1A) Without limiting the generality of section 80, the Court may:

(a) on the application of a person who has suffered, or is likely to suffer, loss or damage by conduct of another person that was engaged in in contravention of Part IVA, IVB or V; or

(b) on the application of the Commission in accordance with subsection (1B) on behalf of one or more persons who have suffered, or who are likely to suffer, loss or damage by conduct of another person that was engaged in in contravention of Part IV (other than section 45D or 45E), IVA, IVB or V;

make such order or orders as the Court thinks appropriate against the person who engaged in the conduct or a person who was involved in the contravention (including all or any of the orders mentioned in subsection (2)), if the Court considers that the order or orders concerned will:

(c) compensate the person who made the application, or the person or any of the persons on whose behalf the application was made, in whole or in part for the loss or damage; or

(d) prevent or reduce the loss or damage suffered, or likely to be suffered, by such a person.

(1B) The Commission may make an application under paragraph (1A)(b) on behalf of one or more persons identified in the application who:

(a) have suffered, or are likely to suffer, loss or damage by conduct of another person that was engaged in in contravention of Part IV (other than section 45D or 45E), IVA, IVB or V; and

(b) have, before the application is made, consented in writing to the making of the application.

2 Application of item 1

The amendment made by item 1 applies only in relation to conduct engaged in on or after the commencement of that item.

3 Subsection 87(1C)

After "Part" (first occurring), insert "IV,".

4 At the end of Part VI

Add:

87CA Intervention by Commission (1) The Commission may, with the leave of the Court and subject to any conditions imposed by the Court, intervene in any proceeding instituted under this Act.

(2) If the Commission intervenes in a proceeding, the Commission is taken to be a party to the proceeding and has all the rights, duties and liabilities of such a party.

5 Application of item 4

The amendment made by item 4 applies only in relation to conduct engaged in on or after the commencement of that item.

6 Subsection 163A(3)

Repeal the subsection, substitute:

(3) The Commission may institute a proceeding in the Court seeking, in relation to a matter arising under this Act, the making of a declaration of the kind that may be made under paragraph (1)(a).

7 Application of item 6

The amendment made by item 6 applies only in relation to matters arising on or after the commencement of that item.

8 At the end of section 171

Add:

(3) The report must also include:

(a) the number of:

(i) notices given by the Commission under section 155; and

(ii) authorisations given by the Commission under subsection 155(2); and

(iii) notices given by the Commission under section 155A; and

(b) a general description of the nature of the matters in respect of which the notices or authorisations were given; and

(c) the number of proceedings brought to challenge the validity of the notices or authorisations; and

(d) the number of entries onto premises pursuant to an authorisation under subsection 155(2); and

(e) the number of complaints received by the Commission; and

(f) a general summary of the kinds of complaints received by the Commission and how it dealt with them; and

(g) a general description of the major matters investigated by the Commission; and

(h) the number of times the Commission has intervened in proceedings and a general description of the reasons for doing so.