Competition and Consumer (Price Inquiry—Perishable Agricultural Goods) Instrument 2020

The Australian Competition and Consumer Commission makes the following notifiable instrument.

Dated this 8th day of October 2020.   

Scott Gregson

Chief Operating Officer

Contents
 

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

Part 2—Price inquiry into perishable agricultural goods

5  Notice of holding of inquiry

6  Commencement of inquiry

Part 1—Preliminary

1  Name

  This instrument is the Competition and Consumer (Price Inquiry—Perishable Agricultural Goods) Instrument 2020.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 95L of the Competition and Consumer Act 2010.

4  Definitions

Note: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

Australian law means a law of the Commonwealth, a State, or a Territory (whether written or unwritten).

exempt supply has the meaning given by subsection 95A(1) of the Act.

goods has the meaning given by subsection 95A(1) of the Act.

inquiry has the meaning given by subsection 95A(1) of the Act.

perishable agricultural goods means goods and services described in subsection 5(3).

Price inquiry into perishable agricultural goods means the inquiry pursuant to the Competition and Consumer (Price Inquiry—Perishable Agricultural Goods) Direction 2020.

services has the meaning given by subsection 95A(1) of the Act.

State or Territory authority has the meaning given by subsection 95A(1) of the Act.

supply has the meaning given by subsection 95A(1) of the Act.

the Act means the Competition and Consumer Act 2010.

the Commission means the Australian Competition and Consumer Commission.

Part 2—Price inquiry into perishable agricultural goods

5  Notice of holding of inquiry

 (1) The Commission is to hold an inquiry into the markets for the supply of perishable agricultural goods, pursuant to the Competition and Consumer (Price Inquiry—Perishable Agricultural Goods) Direction 2020.

 (2) The inquiry is not to extend to any of the following:

 (a) the supply of a good or service by a State or Territory authority;

 (b) the supply of a good or service that is an exempt supply;

 (c) reviewing the operation of any Australian law (other than the Act or an instrument made under the Act);

 (d) reviewing the operation or scope of the Competition and Consumer (Industry Codes—Horticulture) Regulations 2017;

 (e) reviewing the operation of any program funded by the Commonwealth, or any policy of the Commonwealth (other than policies relating to competition and consumer protection);

 (f) reviewing the Commonwealth policy that there is to be no regulation of prices in the markets for the supply of perishable agricultural goods.

 (3) The inquiry is to be held in relation to goods and services of the following descriptions:

 (a) animal meat products containing, in whole or in part, meat from any one of the following:

  (i) pig;

  (ii) bovine;

  (iii) sheep;

  (iv) chicken;

  (v) fish;

  (vi) shellfish;

 (b) plants, fungi, or their products or parts (including seeds, spores, bulbs and similar things);

 (c) dairy products; and

 (d) eggs of a domestic hen.

 (4) The inquiry is not to be held in relation to the supply of goods and services by a particular person or persons.

6  Commencement of inquiry

  The commencement date of the inquiry is 31 August 2020.