Competition and Consumer Act. Australia

Чтение книги онлайн.

СКАЧАТЬ in relation to dissemination of information, law reform and research

      (1) In addition to any other functions conferred on the Commission, the Commission has the following functions:

      (a) to make available to persons engaged in trade or commerce and other interested persons general information for their guidance with respect to the carrying out of the functions, or the exercise of the powers, of the Commission under this Act;

      (b) to examine critically, and report to the Minister on, the laws in force in Australia relating to the protection of consumers in respect of matters referred to the Commission by the Minister, being matters with respect to which the Parliament has power to make laws;

      (c) to conduct research in relation to matters affecting the interests of consumers, being matters with respect to which the Parliament has power to make laws;

      (ca) to conduct research and undertake studies on matters that are referred to the Commission by the Council and that relate to the Commission’s other functions;

      (d) to make available to the public general information in relation to matters affecting the interests of consumers, being matters with respect to which the Parliament has power to make laws;

      (e) to make known for the guidance of consumers the rights and obligations of persons under provisions of laws in force in Australia that are designed to protect the interests of consumers.

      (2) Where a matter of a kind mentioned in paragraph (1)(b) is referred by the Minister to the Commission for examination and report:

      (a) the Commission shall cause to be published in the Gazette and in such newspapers and other journals as the Commission considers appropriate a notice:

      (i) stating that the reference has been made and specifying the matter to which the reference relates; and

      (ii) inviting interested persons to furnish to the Commission their views on that matter and specifying the time and manner within which those views are to be furnished;

      (b) the Commission shall not furnish its report to the Minister until a reasonable opportunity has been given to interested persons to furnish to the Commission their views on the matter to which the reference relates; and

      (c) the Commission shall include in its report to the Minister any recommendations that it considers desirable with respect to the reform of the law relating to the matter to which the reference relates, whether those recommendations relate to the amendment of existing laws or the making of new laws.

      (3) The Minister shall cause a copy of each report furnished to him or her by the Commission in relation to a matter referred to the Commission under paragraph (1)(b) to be laid before each House of the Parliament as soon as practicable after the report is received by him or her.

      29 Commission to comply with directions of Minister and requirements of the Parliament

      (1) The Minister may give the Commission directions connected with the performance of its functions or the exercise of its powers under this Act.

      (1A) The Minister must not give directions under subsection (1) relating to:

      (a) Part IIIA, IV,VII, VIIA, X, XIB or XIC; or

      (b) Division 3 of Part XI in relation to individual cases.

      (1B) The Commission must comply with a direction.

      (2) Any direction given to the Commission under subsection (1) shall be in writing and the Minister shall cause a copy of the direction to be published in the Gazette as soon as practicable after the direction is given.

      (3) If either House of the Parliament or a Committee of either House, or of both Houses, of the Parliament requires the Commission to furnish to that House or Committee any information concerning the performance of the functions of the Commission under this Act, the Commission shall comply with the requirement.

      Part IIA The National Competition Council

      29A Establishment of Council

      The National Competition Council is established by this section.

      29B Functions and powers of Council

      (1) The Council’s functions include:

      (a) carrying out research into matters referred to the Council by the Minister; and

      (b) providing advice on matters referred to the Council by the Minister.

      (2) The Council may:

      (a) perform any function conferred on it by a law of the Commonwealth, or of a State or Territory; and

      (b) exercise any power:

      (i) conferred by that law to facilitate the performance of that function; or

      (ii) necessary or convenient to permit the performance of that function.

      (2A) The Council must not, under subsection (2):

      (a) perform a function conferred on it by a law of a State or Territory; or

      (b) exercise a power that is so conferred;

      unless the conferral of the function or power is in accordance with the Competition Principles Agreement.

      (2B) Subsection (2) does not apply to a State/Territory energy law.

      Note: Section 29BA provides that a State/Territory energy law may confer functions or powers, or impose duties, on the Council.

      (3) In performing its functions, the Council may co-operate with a department, body or authority of the Commonwealth, of a State or of a Territory.

      29BA Commonwealth consent to conferral of functions etc. on Council

      (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Council for the purposes of that law.

      Note: Section 29BC sets out when such a law imposes a duty on the Council.

      (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:

      (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Council; or

      (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.

      (3) The Council cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.

      29BB How duty is imposed

      Application

      (1) This section applies if a State/Territory energy law purports to impose СКАЧАТЬ