Western Australian Consolidated Acts

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COMPETITION POLICY REFORM (WESTERN AUSTRALIA) ACT 1996 - SECT 3

3 .         Definitions

        (1)         In this Act, unless the contrary intention appears —

        application law means —

            (a)         a law of a participating jurisdiction that applies the Competition Code text, either with or without modifications, as a law of the participating jurisdiction; or

            (b)         any regulations or other legislative instrument made under a law described in paragraph (a); or

            (c)         the Competition Code text, applying as a law of the participating jurisdiction, either with or without modifications;

        Commission means the Australian Competition and Consumer Commission established by section 6A of the Trade Practices Act, and includes a member of the Commission or a Division of the Commission performing functions of the Commission;

        Competition Code means (according to the context) —

            (a)         the Competition Code text; or

            (b)         the Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications;

        Competition Code text means the text described in section 4;

        Conduct Code Agreement means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being;

        Council means the National Competition Council established by section 29A of the Trade Practices Act;

        instrument means any document whatever, including —

            (a)         an Act or an instrument made under an Act;

            (b)         a law of this jurisdiction or an instrument made under such a law;

            (c)         an award or other industrial determination or order, or an industrial agreement;

            (d)         any other order (whether executive, judicial or of any other kind);

            (e)         a notice, certificate or licence;

            (f)         an agreement;

            (g)         an application or declaration made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose;

            (h)         an indictment, prosecution notice, presentment, summons or writ; or

                  (i)         any other pleading in, or process issued in connection with, a legal or other proceeding;

        jurisdiction means a State;

        law , in relation to a Territory, means a law of, or in force in, that Territory;

        modifications includes additions, omissions and substitutions;

        month means a period commencing at the beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month;

        officer , in relation to the Commonwealth, has the meaning given in Part XIA of the Trade Practices Act;

        participating jurisdiction means a jurisdiction that is a party to the Conduct Code Agreement and applies the Competition Code text as a law of the jurisdiction, either with or without modifications;

        Schedule version of Part IV means the text that is set out in Part 1 of the Schedule to the Trade Practices Act;

        State includes a Territory;

        Territory means the Australian Capital Territory or the Northern Territory of Australia;

        this jurisdiction means Western Australia;

        Trade Practices Act means the Trade Practices Act 1974 of the Commonwealth;

        Tribunal means the Australian Competition Tribunal referred to in the Trade Practices Act, and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.

        (2)         If this Act uses an expression that is given a meaning in the Trade Practices Act , the expression has the meaning so given unless the contrary intention appears in this Act.

        (3)         The notes in and at the end of this Act do not form part of this Act.

        [Section 3 amended by No. 51 of 1999 s. 37; No. 84 of 2004 s. 80.]



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