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TRADE PRACTICES ACT 1974
Table of Provisions
- 1 Short title.
- 2 Commencement.
- 3 Repeal.
- 4 Interpretation.
- 5 Extended application of Parts IV and V.
- 6 Additional operation of Act.
- 7 Constitution ofCommission.
- 8 Terms and conditions of appointment.
- 9 Remuneration of members ofCommission.
- 10Deputy Chairman.
- 11 ActingChairman.
- 12 Leave of absence.
- 13 Termination of appointment.
- 14 Retirement.
- 15 Resignation.
- 16 Arrangement of business.
- 17 Disclosure of financial interests of members ofCommission.
- 18Meetings ofCommission.
- 19Chairman may directCommission to sit in Divisions.
- 20 Power to take evidence on oath.
- 21 Procedure at public hearings byCommission.
- 22 Hearing in private in certain circumstances.
- 23 Evidence in form of written statement.
- 24 Representation at public hearings byCommission.
- 25 Delegation byCommission.
- 26 Rights of public servant appointed asChairman or full-time member.
- 27 Staff ofCommission.
- 28 Functions ofCommission in relation to dissemination of information, law reform and research.
- 29Commission to comply with directions of Attorney-General and requirements of Parliament.
- 30 Constitution ofTribunal.
- 31 Qualifications of members ofTribunal.
- 32 Terms and conditions of appointment.
- 33 Remuneration of members ofTribunal.
- 34 Acting appointments.
- 35 Suspension and removal of members ofTribunal.
- 36 Resignation.
- 37 Constitution ofTribunal for particular matters.
- 38 Validity of determinations.
- 39 Arrangement of business.
- 40 Disclosure of financial interests of members ofTribunal.
- 41Presidential member to preside.
- 42 Decision of questions.
- 43 Member ofTribunal ceasing to be available.
- 44 Staff ofTribunal.
- 45 Contracts, arrangements or understandings in restraint oftrade or commerce.
- 46 Monopolization.
- 47 Exclusive dealing.
- 48 Resaleprice maintenance.
- 49Price discrimination.
- 50 Mergers.
- 51 Exceptions.
- 52 Misleading or deceptiveconduct.
- 53 False representations.
- 54 Offering gifts and prizes.
- 55 Misleadingconduct to which Industrial Property Convention applies.
- 56 Bait advertising.
- 57 Referral selling.
- 58 Accepting payment without intending tosupply as ordered.
- 59 Misleading statements about home-operated businesses.
- 60 Coercion at place of residence.
- 61 Pyramid selling.
- 62 Product safety standards.
- 63 Product information standards.
- 64 Assertion of right to payment forunsolicited goods or for making entry in directory.
- 65 Liability of recipient ofunsolicited goods.
- 66 Interpretation.
- 67 Conflict of laws.
- 68 Application of Division to contracts not to be excluded or modified.
- 69 Implied undertakings as to title, encumbrances and quiet possession.
- 70Supply by description.
- 71 Implied undertakings as to quality or fitness.
- 72Supply by sample.
- 73 Liability for loss or damage from breach of certain contracts.
- 74 Warranties in relation to thesupply ofservices.
- 75 Saving of other laws and remedies.
- 76 Pecuniary penalties.
- 77 Civil action for recovery of pecuniary penalties.
- 78 Criminal proceedings not to be brought for contraventions of Part IV.
- 79 Offences against Part V.
- 80 Injunctions.
- 81 Divestiture.
- 82 Actions for damages.
- 83 Finding in proceedings to be evidence.
- 84Conduct by servants or agents of body corporate.
- 85 Defences.
- 86 Jurisdiction ofCourt.
- 87 Ancillary orders.
- 88 Power ofCommission to grantauthorizations.
- 89 Procedure for applications.
- 90 Determination of applications forauthorizations.
- 91 Grant, revocation and variation ofauthorizations.
- 92 Clearance of contracts, arrangements or understandings in restraint oftrade or commerce.
- 93 Clearance of exclusive dealing.
- 94 Clearance of mergers.
- 95 Register in relation to clearances.
- 96 Acts constituting engaging in resaleprice maintenance.
- 97 Recommendedprices.
- 98 Withholding thesupply ofgoods.
- 99 Statements as to the minimumprice ofgoods.
- 100 Evidentiary provisions.
- 101 Applications for review.
- 102 Functions and powers ofTribunal.
- 103 Procedure generally.
- 104 Regulations as to certain matters.
- 105 Power to take evidence on oath.
- 106 Hearings to be in public except in special circumstances.
- 107 Evidence in form of written statement.
- 108 Taking of evidence by single member.
- 109 Participants in proceedings beforeTribunal.
- 110 Representation.
- 111 Interpretation.
- 112 Part IV not to apply.
- 113 Agreements to which Part applies.
- 114 Shipowners may be required to be represented by agent and give address for service.
- 115 Clerk of Shipping Agreements.
- 116 Agreements subject to filing.
- 117 Particulars to be furnished of certain agreements, variations and determinations.
- 118 Failure to furnish particulars to be an offence.
- 119 Clerk to file particulars.
- 120 Fileddocuments to be evidence.
- 121 Secrecy.
- 122 Minister may request undertakings.
- 123 Disapproval of agreements.
- 124 Effect of disapproval.
- 125 Reinstatement of disapproved agreement or approval of substituted agreement.
- 126 Injunctions.
- 127 Publication and commencement of orders.
- 128 Minister may request undertakings.
- 129 Declaration of shipowners.
- 130 Prohibitions applicable to declared shipowner.
- 131 Injunctions.
- 132 Minister may refer certain matters toTribunal.
- 133 Minister to consult with shipowners before making reference.
- 134 Representation.
- 135 Undertakings toTribunal.
- 136 Failure to comply with undertaking to be contempt ofTribunal.
- 137 Punishment of contempt.
- 138 Protection of certainpersons.
- 139 Publication of reports ofTribunal.
- 140 Institution of prosecutions.
- 141 Aiding and abetting.
- 142 Protection of certainpersons.
- 143 Constitution ofCourt.
- 144 Actions for damages.
- 145 Deferment of action on application of Minister.
- 146 Findings in contempt proceedings to be evidence.
- 147 Continuation of certain appointments and proceedings.
- 148Commission may retain certaindocuments.
- 149 Secrecy in relation todocuments furnished under previous law.
- 150 Certain notices continued.
- 151 Particulars of agreements continued.
- 152 Repository ofdocuments continued.
- 153 Extension of section 121.
- 154 Undertakings continued.
- 155 Power ofCommission to obtain information,documents and evidence.
- 156 Inspection ofdocuments byCommission.
- 157 Disclosure ofdocuments byCommission.
- 158 Protection of members ofTribunal orCommission, barristers and witnesses.
- 159 Incriminating answers.
- 160 Failure of witness to attend.
- 161 Refusal to be sworn or to answer questions.
- 162 Contempt ofTribunal orCommission.
- 163 Prosecutions.
- 164 Proceedings byCommission to be in its official name.
- 165 Inspection of, furnishing of copies of, and evidence of,documents.
- 166 Certificates as to furnishing of particulars of agreements.
- 167 Judicial notice.
- 168 Presumption that bodies corporate not related.
- 169 Temporary exercise of jurisdiction by Australian IndustrialCourt.
- 170 Legal and financial assistance.
- 171 Annual report byCommission.
- 172 Regulations.
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