Competition and Consumer Act. Australia

Чтение книги онлайн.

СКАЧАТЬ under subsection (5) The first day of the period specified in the agreement The last day of the period specified in the agreement 2 A notice is given under subsection 44ZZOAAA(5) requesting information in relation to the decision to which the application relates The day on which the notice is given The last day of the period specified in the notice for the giving of the information 3 A notice is given under subsection 44K(6A), 44L(5A), 44LJ(6), 44LK(6), 44O(5A), 44PG(5A), 44PH(5A), 44ZP(5A), 44ZX(5A) or 44ZZBF(5A) requiring information or a report to be given in relation to the review The day on which the notice is given The last day of the period specified in the notice for the giving of the information or the report

      (4) Despite subsection (3), do not disregard any day more than once.

      Stopping the clock by agreement

      (5) The following may agree in writing that a specified period is to be disregarded in working out the expected period:

      (a) the Tribunal;

      (b) the person who applied for review;

      (c) if the application is made under section 44K, 44L, 44LJ, 44LK or 44O — the Council;

      (d) if the application is made under section 44PG, 44PH, 44ZP, 44ZX or 44ZZBF — the Commission;

      (e) any other person who has been made a party to the proceedings for review by the Tribunal.

      (6) The Tribunal must publish, by electronic or other means, the agreement.

      Extension of time for making decision

      (7) If the Tribunal is unable to make a decision on an application for review within the consideration period (whether it is the expected period or the consideration period as previously extended under this subsection), it must, by notice in writing to the designated Minister, extend the consideration period by a specified period.

      (8) The notice must:

      (a) specify when the Tribunal must now make its decision on the application for review; and

      (b) include a statement explaining why the Tribunal has been unable to make a decision on the review within the consideration period.

      (9) The Tribunal must give a copy of the notice to:

      (a) the person who applied for review; and

      (b) if the application for review is made under section 44K, 44L, 44LJ, 44LK or 44O — the Council; and

      (c) if the application for review is made under section 44PG, 44PH, 44ZP, 44ZX or 44ZZBF — the Commission; and

      (d) any other person who has been made a party to the proceedings for review by the Tribunal.

      Publication

      (10) If the Tribunal extends the consideration period under subsection (7), it must publish a notice in a national newspaper:

      (a) stating that it has done so; and

      (b) specifying the day by which it must now make a decision on the application for review.

      Failure to comply with time limit does not affect validity

      (11) Failure by the Tribunal to comply with a time limit set in this section does not affect the validity of a decision made by the Tribunal under this Part.

      44ZZP Regulations about review by the Tribunal

      (1) The regulations may make provision about the following matters in relation to the functions of the Tribunal under this Part:

      (a) the constitution of the Tribunal;

      (b) the arrangement of the business of the Tribunal;

      (c) the disclosure of interests by members of the Tribunal;

      (d) determining questions before the Tribunal and questions that arise during a review;

      (e) procedure and evidence, including the appointment of persons to assist the Tribunal by giving evidence (whether personally or by means of a written report).

      (2) Regulations made for the purposes of subsection (1) do not apply in relation to the functions of the Tribunal under a State/Territory energy law or a designated Commonwealth energy law.

      Note: See section 44ZZR.

      44ZZQ Regulations about fees for inspection etc. of registers

      The regulations may make provision about the inspection of registers maintained under this Part (including provision about fees).

      44ZZR Procedure of the Tribunal when performing functions under a State/Territory energy law or a designated Commonwealth energy law

      (1) Sections 103, 105, 106, 107, 108 and 110 of this Act apply to the Tribunal when performing functions under a State/Territory energy law or a designated Commonwealth energy law.

      (2) The regulations may make provision about the following matters in relation to the functions of the Tribunal under a State/Territory energy law or a designated Commonwealth energy law:

      (a) the constitution of the Tribunal;

      (b) the arrangement of the business of the Tribunal;

      (c) the disclosure of interests by members of the Tribunal;

      (d) determining questions before the Tribunal and questions that arise during a review;

      (e) procedure and evidence, including the appointment of persons to assist the Tribunal by giving evidence (whether personally or by means of a written report);

      (f) the fees and expenses of witnesses in proceedings before the Tribunal.

      (3) Subsection (1), and regulations made for the purposes of subsection (2), have no effect to the extent (if any) to which they are inconsistent with the State/Territory energy law, or the designated Commonwealth energy law, concerned.

      Part IV Restrictive trade practices

      Division 1

      Cartel conduct

      Subdivision A

      Introduction

      44ZZRA Simplified outline

      The following is a simplified outline of this Division:

      • This Division sets out parallel offences and civil penalty provisions relating to cartel conduct. • A corporation must not make, or give effect to, a contract, arrangement or understanding that contains a cartel provision. • A cartel provision is a provision relating to: (a) price-fixing; or (b) restricting outputs in the production and supply chain; or (c) allocating customers, suppliers or territories; or (d) bid-rigging; by parties that are, or would otherwise be, in competition with each other.

      44ZZRB СКАЧАТЬ