Trade Practices Amendment Act (No. 2) 1977 (Cth)

TRADE PRACTICES AMENDMENT ACT (No. 2) 1977

No. 151 of 1977

An Act relating to Trade Practices.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c. 1. (1) This Act may be cited as the Trade Practices Amendment Act (No. 2) 1977. (2) The Trade Practices Act 1974 is in this Act referred to as the Principal Act.

Commencement 2. This Act shall come into operation on the day on which it receives the Royal Assent.

Consumers 3. Section 4b of the Principal Act is amended— (a) by omitting from sub-paragraph (i) of paragraph (a), and from sub-paragraph (i) of paragraph (b), of sub-section (1) "the price paid or payable by the person for" and substituting "the price of"; and (b) by omitting paragraphs (b) and (c) of sub-section (2) and substituting the following paragraphs: "(b) subject to paragraph (c), the price of goods or services purchased by a person shall be taken to have been the amount paid or payable by the person for the goods or services; "(c) where a person purchased goods or services together with other property or services, or with both other property and services, and a specified price was not allocated to the goods or services in the contract under which they were purchased, the price of the goods or services shall be taken to have been— (i) the price at which, at the time of the acquisition, the person could have purchased from the supplier the goods or services without the other property or services; (ii) if, at the time of the acquisition, the goods or services were not available for purchase from the supplier except together with the other property or services but, at that time, goods or services of the kind acquired were available for purchase from another supplier without other property or services—the lowest price at which the person could, at that time, reasonably have purchased goods or services of that kind from another supplier; or (iii) if, at the time of the acquisition, goods or services of the kind acquired were not available for purchase from any supplier except together with other property or services—the value of the goods or services at that time; "(d) where a person acquired goods or services otherwise than by way of purchase, the price of the goods or services shall be taken to have been— (i) the price at which, at the time of the acquisition, the person could have purchased the goods or services from the supplier; (ii) if, at the time of the acquisition, the goods or services were not available for purchase from the supplier or were so available only together with other property or services but, at that time, goods or services of the kind acquired were available for purchase from another supplier—the lowest price at which the person could, at that time, reasonably have purchased goods or services of that kind from another supplier; or