Western Australian Consolidated Acts (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.]