2009

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Trade Practices Amendment Bill 2009

(Mr Katter)

A Bill for an Act to amend the Trade Practices Act 1974

Contents

Part 1—Preliminary                                                                                                               1

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 1

Schedule 1 - Amendment of the Trade Practices Act 1974                              2

A Bill for an Act to make amend the Trade Practices Act 1974

The Parliament of Australia enacts:

Part 1—Preliminary

1  Short title

                   This Act may be cited as the Trade Practices Amendment Bill 2009.

2  Commencement

                   This Act commences on 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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 After subsection 45DD(2)

Insert:

                                   Dominant purpose of conduct relates to importation of goods to replace certain products - conduct by a person

          (2A)  A person does not contravene, and is not involved in a contravention of, subsection 45D (1), 45DA(1) or 45DB(1) by engaging in conduct if

                     (a)  the dominant purpose for which the conduct is engaged in is substantially related to the importation of goods of a kind specified in the regulations as goods which are deemed to be intended or likely to be supplied, sold or provided as replacements for goods that had been manufactured in Australia by, on behalf of, or in association with Pacific Brands, and

                     (b)  the conduct is engaged in before the expiry of a period of 2 years from the date on which this subsection comes into effect.

                            Dominant  purpose of conduct relates to importation of goods to replace certain products - conduct by  employee organisation and employees  

          (2B)  If

                             (a)  an employee, or 2 or more employees who are employed by the same employer, engage in conduct in concert with another person who is, or with other persons each of whom is:

                                          (i)  an organisation of employees; or

                                         (ii)  an officer of an organisation of employees; and

                             (b)  the conduct is only engaged in by the persons covered by paragraph (a); and

                             (c)  the dominant purpose for which the conduct is engaged in is substantially related to the importation of goods of a kind specified in the regulations as goods which are deemed to be intended or likely to be supplied, sold or provided as replacements for goods that had been manufactured in Australia by, on behalf of, or in association with Pacific Brands; and

                             (d)  the conduct is engaged in before the expiry of a period of 2 years from the date on which this subsection comes into effect

                   the persons covered by paragraph (a) do not contravene, and are not involved in a contravention of, subsection 45D(1), 45DA(1) or 45DB(1) by engaging in the conduct.

                   (2C)  For the purposes of subsections (2A) and (2B) the term Pacific Brands and has the meaning given in the regulations.