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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
A New Tax
System (Trade Practices Amendment) Bill
2000
No. ,
2000
(Treasury)
A Bill
for an Act to amend the Trade Practices Act 1974 in connection with the
implementation of A New Tax System, and for other purposes
ISBN: 0642
420599
Contents
Trade Practices Act
1974 3
Trade Practices Act
1974 7
A Bill for an Act to amend the Trade Practices Act
1974 in connection with the implementation of A New Tax System, and for
other purposes
The Parliament of Australia enacts:
This Act may be cited as the A New Tax System (Trade Practices
Amendment) Act 2000.
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) Item 1 of Schedule 2 is taken to have commenced when Part 3 of the
Competition Policy Reform Act 1995 commenced.
(3) Item 2 of Schedule 2 is taken to have commenced when the Trade
Practices Amendment (Industry Access Codes) Act 1997 commenced.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Paragraph 6(2)(b)
Omit “and 75AY”, substitute “, 75AY and
75AYA”.
2 After section 75AY
Insert:
A corporation must not, in trade or commerce, in connection
with:
(a) the supply or possible supply of goods or services; or
(b) the promotion by any means of the supply or use of goods or
services;
engage in conduct, at any time during the period starting when this section
commences and ending at the end of the New Tax System transition period,
that:
(c) falsely represents (whether expressly or impliedly) the effect, or
likely effect, of all or any of the New Tax System changes; or
(d) misleads or deceives, or is likely to mislead or deceive, a person
about the effect, or likely effect, of all or any of the New Tax System
changes.
3 Subsection 75B(1)
After “section 75AU”, insert “or 75AYA”.
4 Subparagraph 76(1)(a)(ii)
After “section 75AU”, insert “or 75AYA”.
5 After section 76
Insert:
(1) In this section:
contravention of section 75AYA includes conduct referred to
in paragraph 76(1)(b), (c), (d), (e) or (f) that relates to a contravention of
section 75AYA.
(2) In proceedings against a person (the respondent) under
section 76 in relation to an alleged contravention of section 75AYA, it is a
defence if the respondent establishes:
(a) that the contravention in respect of which the proceedings were
instituted was due to reasonable mistake; or
(b) that the contravention in respect of which the proceedings were
instituted was due to reasonable reliance on information supplied by another
person; or
(c) that:
(i) the contravention in respect of which the proceedings were instituted
was due to the act or default of another person, to an accident or to some other
cause beyond the respondent’s control; and
(ii) the respondent took reasonable precautions and exercised due
diligence to avoid the contravention.
(3) In paragraphs (2)(b) and (c), another person does not
include a person who was:
(a) a servant or agent of the respondent; or
(b) if the respondent is a body corporate—a director, servant or
agent of the respondent;
at the time when the alleged contravention occurred.
(1) In this section:
contravention of section 75AYA includes conduct referred to
in paragraph 76(1)(b), (c), (d), (e) or (f) that relates to a contravention of
section 75AYA.
pecuniary penalty order means an order under section 76 for
the payment of a pecuniary penalty.
(2) The Court must not make a pecuniary penalty order against a person in
relation to a contravention of section 75AYA if the person has been convicted of
an offence constituted by conduct that is substantially the same as the conduct
constituting the contravention.
(3) Proceedings for a pecuniary penalty order against a person in relation
to a contravention of section 75AYA are stayed if:
(a) criminal proceedings are started or have already been started against
the person for an offence; and
(b) the offence is constituted by conduct that is substantially the same
as the conduct alleged to constitute the contravention.
The proceedings for the pecuniary penalty order may be resumed if the
person is not convicted of the offence. Otherwise, the proceedings are
dismissed.
(4) Criminal proceedings may be started against a person for conduct that
is substantially the same as conduct constituting a contravention of section
75AYA regardless of whether a pecuniary penalty order has been made against the
person in respect of the contravention.
(5) Evidence of information given, or evidence of production of documents,
by an individual is not admissible in criminal proceedings against the
individual if:
(a) the individual previously gave the evidence or produced the documents
in proceedings for a pecuniary penalty order against the individual for a
contravention of section 75AYA (whether or not the order was made);
and
(b) the conduct alleged to constitute the offence is substantially the
same as the conduct that was claimed to constitute the contravention.
However, this does not apply to a criminal proceeding in respect of the
falsity of the evidence given by the individual in the proceedings for the
pecuniary penalty order.
6 Subparagraph 78(a)(ii)
After “section 75AU”, insert “or 75AYA”.
Note: The heading to section 78 is altered by adding at the
end “or 75AYA”.
7 Subparagraph 80(1)(a)(ii)
After “ section 75AU”, insert “or 75AYA”.
8 Subsection 80(1A)
Omit “or section 75AU”, substitute “, 75AU or
75AYA”.
9 After section 75AY of Part 2 of the
Schedule
Insert:
A person must not, in trade or commerce, in connection with:
(a) the supply or possible supply of goods or services; or
(b) the promotion by any means of the supply or use of goods or
services;
engage in conduct, at any time during the period starting when this section
commences and ending at the end of the New Tax System transition period,
that:
(c) falsely represents (whether expressly or impliedly) the effect, or
likely effect, of all or any of the New Tax System changes; or
(d) misleads or deceives, or is likely to mislead or deceive, a person
about the effect, or likely effect, of all or any of the New Tax System
changes.
1 After subsection 44ZZA(3)
Insert:
(3A) The Commission must not accept the undertaking unless:
(a) the provider, or proposed provider, is a corporation (or a partnership
or joint venture consisting wholly of corporations); or
(b) the undertaking provides for access only to third parties that are
corporations; or
(c) the undertaking provides for access that is (or would be) in the
course of, or for the purposes of, constitutional trade or commerce.
2 Subsection 44ZZA(6A)
Repeal the subsection, substitute:
(6A) If the undertaking provides for the Commission to perform functions
or exercise powers in relation to the undertaking, the Commission may perform
those functions and exercise those powers. If the Commission decides to do so,
it must do so in accordance with the undertaking.
3 Subsection 44ZZJ(3)
Repeal the subsection.