Trade practices act 1974 as amended by executive order
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Trade practices act 1974 as amended by executive order Australian Federal Court has the jurisdiction to determine private and public complaints made in regard to contraventions of the Act. The Competition and Consumer Act CCA is an act of the Parliament of Australia and so its application is limited by section 51 of the Australian Constitutionwhich sets out the division of powers between the federal and state parliaments.
As a result, most of the CCA is drafted to apply only to corporations, thus relying on Section 51 xx. Some parts of the CCA trade practices act 1974 as amended by executive order a broader operation, relying for instance on the telecommunications power Section 51 v or the territories power. The immunity from the Act does not generally derive to third parties who deal with the government: Alex Bruce 'Tenpa' was the first Australian text to critically analyze the most extensive changes to consumer protection law embodied within the Competition and Consumer Act For example, it covers access to electricity grids or natural gas pipelines.
The aim of this part of the act is to encourage competition in upstream or downstream markets. This part of the Act allows services to be 'declared' and for parties to negotiate terms and conditions of access. The National Competition Council and the ACCC are both involved in registering agreement and assessing what is fair to owners, to public, to users. As an alternative to declaring a service, it may be subject to undertakings registered with the ACCC. The restrictive trade practices, or antitrustprovisions in the CCA are aimed at deterring practices by firms which are anti-competitive in that they restrict free competition.
Private actions for compensation may also be available. A priority of ACCC enforcement action in recent years has been cartels. The ACCC has in place an immunity policy, which grants immunity from prosecution to the first party in a cartel to provide information to the ACCC allowing it to prosecute. Part IVB allows the Australian government to prescribe Industry Codes [ clarification needed ] trade practices act 1974 as amended by executive order, and breach of these codes is a breach of the Act.
The ACCC administers ongoing compliance with these codes. There are currently [ when? A unique feature of the Competition and Consumer Act, which does not exist in similar legislation overseas, is that the ACCC may grant exemptions.
The ACCC may grant immunity based on assessment of the public benefits and anti-competitive detriments of the conduct, through the 'notification' or 'authorisation' process. Such exemptions do not apply to resale price maintenance or misuse of market power. The ACCC maintains a public register of authorisations and notifications. In the Act was amended to include a new Division 3 to Part VIIA providing a process for formal clearance and authorisation of mergers.
Australia is a free market economy; consequently, the Act does not establish the ACCC as a price-fixing body. An example of the use of this section is that, under a direction from the Minister, the ACCC monitors the price of petrol. Part X provides immunities for liner shipping from the competition provisions of the Act contained in Part IV. Upon registration of agreements with the registrar of liner shipping, shipping operators may discuss and fix prices, pool revenues and losses, coordinate schedules and engange in other conduct that would otherwise breach Part IV provisions.
The Act also regulates aspects of the Telecommunications market. In Australia the previously government-owned Telstranow privatised, has traditionally dominated the telecommunications sector. Telstra owns the copper network infrastructure. The market was partially deregulated in with the introduction of Optus as a competitor. In deregulation continued when new entities were permitted to enter the market see Communications in Australia.
However, a feature of the Australian telecommunications market is that it is neither feasible nor efficient to have multiple networks, for example, of fibre-optic cables or of copper cables. Part XIB of the Act allows the ACCC to issue a Competition Notice to a carrier telecommunications corporation if it has reason to believe the corporation has engaged in "anti-competitive conduct".
Competition Notices also allow third parties to take trade practices act 1974 as amended by executive order action.
Part XIC is a telecommunications-specific access regime. The object of Part XIC is to promote the long-term interests of end-users of telecommunications carriage services and services that facilitate trade practices act 1974 as amended by executive order supply of such carriage services: The extent to which something promotes the long-term interests of end-users is assessed by having regard to three, and only three, objectives, namely:.
Suppliers of declared services must comply with standard access obligations: The Australian Consumer Law ACL is based on the proposition that low consumer power or lack of information is a market failure which needs to be addressed by interference in the market. Misleading or deceptive conduct s 18 of the ACL, formerly s 52 of the TPA is one of the most important consumer parts of the act.
It allows both individuals and the ACCC to take action against corporations who engage in conduct that is misleading or deceptive, or likely to mislead or deceive. Misleading or deceptive conduct carried out by companies can also be prosecuted by the state under Chapter 4 of the ACL.
The inclusion of unconscionable conduct in the Australian Consumer Law is a codification and extension of the equitable principle of ' unconscionability ' which was later clarified as a cause-of-action. Section 20 codifies the common law by referring to the "unwritten law" i.
However, the inclusion of section 20 allows for remedies under the Law. Section 21 bans unconscionability in consumer transactions. Section 22 gives factors that indicate unconscionability.
This clarifies the application of unconscionability and circumstances where a consumer is at a "special disability".
The Australian Consumer Law implies into contracts with consumers certain guarantees these were formerly known as warranties. Similar conditions are implied by the State Sale of Goods Acts, but these acts have slightly different jurisdictional limits e. Under the Trade Practices Act implied conditions and warranties are mandatory: The implied conditions are as to title s 53 of the ACL, trade practices act 1974 as amended by executive order s 69 of the TPAquiet possession, freedom from encumbrances, fitness for purpose s 55 of the ACL, formerly s 71 of the TPAsupply by description or sample s 56, s 57 and that the goods are of acceptable quality s 54 of the ACL, formerly s 66 of the TPA, which used the term "merchantable quality".
As a caveat, where the consumer guarantees are not that of title, undisturbed possession or undisclosed securities, they only apply if the goods or services in question are supplied in trade or commerce. The most important of these trade practices act 1974 as amended by executive order a consumer is likely to be acceptable quality.
If goods fail to reach a basic level of quality considering the price of the goods — that is they are defective, break, or do not do what they should do — then the ACL has been breached. The scope of the report was quite broad, with recommendations regarding mergers and acquisitions, exclusionary provisions, third line forcing, joint ventures, penalties and remedies, and the functions and powers of the ACCC.
As a result, some amendments have been made to the Act. From Wikipedia, the free encyclopedia. This article has multiple issues. Please help improve it or discuss these issues on the talk page. Learn how and when to remove these template messages. This article may require cleanup to meet Wikipedia's quality standards.
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