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Annotated competition and consumer legislation PDF

4035 Pages·2017·18.763 MB·English
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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 AUSTRALIA LexisNexis Butterworths 475–495 Victoria Avenue, Chatswood NSW 2067 On the internet at: www.lexisnexis.com.au ARGENTINA LexisNexis, BUENOS AIRES AUSTRIA LexisNexis Verlag ARD Orac GmbH & Co KG, VIENNA BRAZIL LexisNexis Latin America, SAO PAULO CANADA LexisNexis Canada, Markham, ONTARIO CHILE LexisNexis Chile, SANTIAGO CHINA LexisNexis China, BEIJING, SHANGHAI CZECH REPUBLIC Nakladatelství Orac sro, PRAGUE FRANCE LexisNexis SA, PARIS GERMANY LexisNexis Germany, FRANKFURT HONG KONG LexisNexis Hong Kong, HONG KONG HUNGARY HVG-Orac, BUDAPEST INDIA LexisNexis, NEW DELHI ITALY Dott AGiuffrè Editore SpA, MILAN JAPAN LexisNexis Japan KK, TOKYO KOREA LexisNexis, SEOUL MALAYSIA Malayan Law Journal Sdn Bhd, PETALING JAYA, SELANGOR NEW ZEALAND LexisNexis WELLINGTON POLAND Wydawnictwo Prawnicze LexisNexis, WARSAW SINGAPORE LexisNexis, SINGAPORE SOUTH AFRICA LexisNexis Butterworths, DURBAN SWITZERLAND Staempfli Verlag AG, BERNE TAIWAN LexisNexis, TAIWAN UNITED KINGDOM LexisNexis UK, LONDON, EDINBURGH USA LexisNexis Group, New York, NEW YORK LexisNexis, Miamisburg, OHIO ISBN: 9780001173811 EISBN: 9780409346190 © 2017 Reed International Books Australia Pty Limited trading as LexisNexis This book is copyright. Except as permitted under the Copyright Act 1968 (Cth), no part of this publication may be reproduced by any process, electronic or otherwise, without the specific written permission of the copyright owner. Neither may information be stored electronically in any form whatsoever without such permission. Inquiries should be addressed to the publishers. Printed in China. Visit LexisNexis Butterworths at www.lexisnexis.com.au 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

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