Annotated competition and consumer legislation

4035 Pages·2017·18.763 MB·English

by  Ray Steinwall, CCH Australia Limited,

LEXISNEXIS ANNOTATED ACTS
ANNOTATED COMPETITION AND
CONSUMER LEGISLATION
Current as at 1 January 2017
unless otherwise specified
LEXISNEXIS ANNOTATED ACTS
ANNOTATED COMPETITION AND
CONSUMER LEGISLATION
RAY STEINWALL
B Ec, LLB (Macq), LLM (Syd)
Solicitor of the High Court of Australia
and the Supreme Court of New South Wales
General Counsel,
Novartis Group (Australia and New Zealand)
Member, Australian Competition Tribunal
Adjunct Associate Professor, Faculty of Law,
University of New South Wales
LexisNexis Butterworths
Australia
2017
LexisNexis
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ISBN: 9780001173811
EISBN: 9780409346190
© 2017 Reed International Books Australia Pty Limited trading as
LexisNexis
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Publisher’s Note
Legislation
The publisher, authors, contributors and endorsers of this publication each
excludes liability for loss suffered by any person resulting in any way from
the use of, or reliance on, this publication.
© LexisNexis. The legislation reproduced in this work does not purport to be
an official or authorised version.
Features of this Publication
Introduction
This volume of LexisNexis Annotated Acts provides practitioners and
students with a guide to trade practices legislation.
Reproduced are the Competition and Consumer Act 2010, annotated and
explained in a comprehensive and detailed commentary; the Competition and
Consumer Regulations 2010, its Schedules and forms, as well as relevant
inter-governmental agreements and case management practice notes. In
addition, this book contains the Australian Competition and Consumer
Commission’s (ACCC) Merger Guidelines and Merger Review Process
Guidelines. The Memorandum of Understanding between the
Commonwealth Director of Public Prosecutions and the ACCC regarding
Serious Cartel Conduct is also reproduced, along with the ACCC Immunity
and Cooperation Policy for Cartel Conduct. The related legislation section
includes the Competition and Consumer (Industry Codes — Food and
Grocery) Regulations 2015; the Competition and Consumer (Industry Codes
— Franchising) Regulations 2014; the Trade Practices (Industry Codes —
Unit Pricing) Regulations 2009; Competition and Consumer (Industry Codes
— Oilcode) Regulations 2006, and the Trade Practices (Horticulture Code of
Conduct) Regulations 2006.
Legislation
This edition has the legislation shaded in grey boxes and includes grey
shaded tabs on the side of the legislation. This has been added to facilitate
quick and easy access to information.
The legislation reflects the law as amended to 1 January 2017.
Paragraph numbers
This book may contain cross-references to other areas of the looseleaf
service which have not been extracted. When this occurs, reference should be
made to Competition and Consumer Act Annotated.
Index
The index locates references to given topics in all the legislation published.
Running heads
Running heads at the top of each page indicate the section and paragraph
number of the legislation as set out on each page as follows:
Left page: s 45E ANNOTATED COMPETITION AND CONSUMER
[10,745]
LEGISLATION
Right page: [10,745] CCA — PT IV — RESTRICTIVE TRADE
PRACTICES s 45E
Commentary
The Act has been annotated by Ray Steinwall, with contributions from
Lucienne Layton (Pts I, IV and VII−XII) in earlier editions, to provide an
overview of the legislation and a clear analysis of the Act’s more complex
provisions and important case law. Where relevant, reference is also made to
equivalent state legislation.
General commentary on a section of the Act
General commentary on a given section of the Act is located at the end of
the section. This provides an overview of the section and links the topic
under discussion to related areas. It also describes the background and
purpose of the legislation, outlining the structure and general operation of the
section.
Detailed commentary on a subsection of the Act
Where relevant, detailed commentary on a subsection follows the general
commentary.
How to find commentary on a particular topic
Information within the commentary can be researched according to the
topic, case law or provision of the legislation by using the:
Table of Contents
This table appears at page v.
Table of Cases
This table appears at page xxi.
Index
The index appears at page 2381.
Tables of Provisions
Located before the Acts and Regulations, the tables show the division of
the legislation into parts, divisions and subdivisions, and include the title of
every section or regulation. This is a convenient starting point if you need an
overview of the structure of the legislation to find commentary on a particular
topic.
Legislative histories
To find out the full name and date of assent and commencement of an
amending Act, or the number and date of gazettal and commencement of an
amending Regulation, turn to the relevant Table of Amendments in front of
the Act or Regulations. The Table of Amendments gives a list of amendments
to the legislation.
Historical notes
Where a section or subsection, regulation or schedule has been amended,
an historical note compiled by the editor has been inserted in square brackets,
in small typeface, immediately beneath the provision. This note details the
history of the provision as amended and the commencement date of the
particular statute. The notes may also be read with the legislative histories of
the Acts (see below).
Examples
[Div 3 insrt Act 55 of 2001 s 3 and Sch 2 item 13, opn 15 July 2001]
Division 3 was inserted into the principal Act by Schedule 2 item 13 of Act
55 of 2001, the insertion taking effect on 15 July 2001.
[def subst Act 55 of 2001 s 3 and Sch 2 item 12, opn 15 July 2001]
The definition was completely replaced by the new definition inserted by