Explanatory Statement

Select Legislative Instrument 2007 No. 228

Issued by the Authority of the Parliamentary Secretary to the Treasurer

Trade Practices Act 1974

Trade Practices Amendment Regulations 2007 (No. 4)

Section 172 of the Trade Practices Act 1974 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act including prescribing matters in connection with the procedure of the Australian Competition and Consumer Commission (ACCC).

Section 95G of the Act provides for the ACCC to hold price inquires in relation to the supply of goods or services.

The Regulations amend the Trade Practices Regulations 1974 to prescribe matters connected to the procedure of the ACCC and other bodies when conducting an inquiry held in accordance with Part VIIA of the Act (a price inquiry).

The ACCC is required to conduct price inquires as directed or approved by the Minister. On 15 June 2007 the Treasurer approved the holding of a price inquiry by the ACCC into the price of unleaded petrol, pursuant to subsection 95H(2) of the Act.

The Regulations provide that a barrister, solicitor or other person appearing on behalf of another person, or the ACCC, at a price inquiry has the same protection and immunity as a barrister has in appearing for a party in a proceeding in the High Court.

The Regulations further provide that a barrister, solicitor or other person engaged by the ACCC to appear at a price inquiry may inspect documents produced at a price inquiry, or given to the ACCC for the purposes of the exercise of its powers or the performance of its functions under Part VIIA of the Act.

The Regulations were developed in consultation with ACCC.

Details of the Regulations are set out in the Attachment.

attachment

Details of the Trade Practices Amendment Regulations 2007 (No. 4)

Regulation 1 specifies the name of the Regulations as the Trade Practices Amendment Regulations 2007 (No. 4).

Regulation 2 provides that the Regulations commence on the day after they are registered.

Regulation 3 provides that Schedule 1 amends the Trade Practices Regulations 1974.

Schedule 1 – Amendments

Items [1] — Regulation 28AA

Subregulation 28AA(1) provides that a barrister, solicitor or other person appearing on behalf of another person at an inquiry held in accordance with Part VIIA of the Act has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

The Act presently provides that:

•                a witness at a price inquire has the same protection as a witness in proceedings in the High Court;

•                a member or an associate member of the ACCC has, in the performance of their functions or the exercise of their powers under Part VIIA as a member or associate member, the same protection and immunity as a Justice of the High Court; and

•                where the body conducting the inquiry is not the ACCC, the person presiding at the inquiry has, in the performance of their functions or the exercise of their powers under Part VIIA in that capacity, the same protection and immunity as a Justice of the High Court.

The subregulation ensures that those who appear on behalf of such persons at a price inquiry are also subject to appropriate protection and immunity.

Subregulation 28AA(2) provides that a barrister, solicitor or other person engaged by the ACCC to appear at a price inquiry:

•                has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court; and

•                may inspect, make copies of, or take extracts from, documents produced at a price inquiry or given to the ACCC for the purposes of the exercise of its powers or the performance of its functions under Part VIIA of the Act.

The subregulation ensures that a barrister, solicitor or other person engaged by the ACCC to appear at a price inquiry is subject to appropriate protection and immunity. It also ensures that such a person is able to inspect the documents necessary for them to perform the services for which they are engaged.