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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Trade
Practices Amendment (Representative Actions) Bill
2001
No. ,
2001
(Senator
Schacht)
A Bill for an Act to amend the
Trade Practices Act 1974 to enable the Australian Competition and
Consumer Commission to undertake representative actions, and for related
purposes
ISBN: 0642 459614
Contents
A Bill for an Act to amend the Trade Practices Act
1974 to enable the Australian Competition and Consumer Commission to
undertake representative actions, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Trade Practices Amendment (Representative
Actions) Act 2001.
This Act commences on the 28th day after the day on which it receives the
Royal Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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 Subsections 87(1A) and
(1B)
Repeal the subsections, substitute:
(1A) Without limiting the generality of section 80, the Court
may:
(a) on the application of a person who has suffered, or is likely to
suffer, loss or damage by conduct of another person that was engaged in in
contravention of Part IVA, IVB or V; or
(b) on the application of the Commission in accordance with
subsection (1B) on behalf of one or more persons who have suffered, or who
are likely to suffer, loss or damage by conduct of another person that was
engaged in in contravention of Part IV (other than section 45D or
45E), IVA, IVB or V;
make such order or orders as the Court thinks appropriate against the
person who engaged in the conduct or a person who was involved in the
contravention (including all or any of the orders mentioned in
subsection (2)), if the Court considers that the order or orders concerned
will:
(c) compensate the person who made the application, or the person or any
of the persons on whose behalf the application was made, in whole or in part for
the loss or damage; or
(d) prevent or reduce the loss or damage suffered, or likely to be
suffered, by such a person.
(1B) The Commission may make an application under paragraph (1A)(b) on
behalf of one or more persons identified in the application who:
(a) have suffered, or are likely to suffer, loss or damage by conduct of
another person that was engaged in in contravention of Part IV (other than
section 45D or 45E), IVA, IVB or V; and
(b) have, before the application is made, consented in writing to the
making of the application.
2 Application of
item 1
The amendment made by item 1 applies only in relation to conduct
engaged in on or after the commencement of that item.
3 Subsection 87(1C)
After “Part” (first occurring), insert
“IV,”.
4 At the end of
Part VI
Add:
(1) The Commission may, with the leave of the Court and subject to any
conditions imposed by the Court, intervene in any proceeding instituted under
this Act.
(2) If the Commission intervenes in a proceeding, the Commission is taken
to be a party to the proceeding and has all the rights, duties and liabilities
of such a party.
5 Application of
item 4
The amendment made by item 4 applies only in relation to conduct
engaged in on or after the commencement of that item.
6 Subsection 163A(3)
Repeal the subsection, substitute:
(3) The Commission may institute a proceeding in the Court seeking, in
relation to a matter arising under this Act, the making of a declaration of the
kind that may be made under paragraph (1)(a).
7 Application of
item 6
The amendment made by item 6 applies only in relation to matters
arising on or after the commencement of that item.
8 At the end of
section 171
Add:
(3) The report must also include:
(a) the number of:
(i) notices given by the Commission under section 155; and
(ii) authorisations given by the Commission under subsection 155(2); and
(iii) notices given by the Commission under section 155A;
and
(b) a general description of the nature of the matters in respect of which
the notices or authorisations were given; and
(c) the number of proceedings brought to challenge the validity of the
notices or authorisations; and
(d) the number of entries onto premises pursuant to an authorisation under
subsection 155(2); and
(e) the number of complaints received by the Commission; and
(f) a general summary of the kinds of complaints received by the
Commission and how it dealt with them; and
(g) a general description of the major matters investigated by the
Commission; and
(h) the number of times the Commission has intervened in proceedings and a
general description of the reasons for doing so.