Competition Policy Reform (Queensland) Act 1996 (Qld)

Competition Policy Reform (Queensland) Act 1996

An Act to apply certain laws of the Commonwealth relating to competition policy as laws of Queensland, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Competition Policy Reform (Queensland) Act 1996.

2 Commencement (1) This part, section 39 and parts 7 and 8 commence on the date of assent. (2) The remaining provisions of this Act commence on 21 July 1996, but, if the commencement of those provisions is postponed under subsection (3), they commence on the day to which their commencement has been postponed (or the later or latest of those days). (3) The commencement of the provisions referred to in subsection (2) may be postponed from time to time by regulation made by the Governor in Council, but any such postponement can not be effected after the provisions have commenced.

3 Definitions (1) In this Act— application law means— (a) a law of a participating jurisdiction that applies the Competition Code, 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, applying as a law of the participating jurisdiction, either with or without modifications. Code, for part 7, see section 40. Commission means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act, and includes a member of the commission or a division of the commission performing functions of the commission. Commonwealth administrative laws, for part 5, division 5, see section 29. Competition and Consumer Act means the Competition and Consumer Act 2010 (Cwlth). 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 Competition and Consumer Act. cut-off date, for part 7, see section 40. existing contract, for part 7, see section 40. instrument means any document whatever, including— (a) an Act or an instrument made under an Act; or (b) a law of this jurisdiction or an instrument made under such a law; or (c) an award or other industrial determination or order, or an industrial agreement; or (d) any other order (whether executive, judicial or otherwise); or (e) a notice, certificate or licence; or (f) an agreement; or (g) an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or (h) an indictment, 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. notification, for a regulation, see the Statutory Instruments Act 1992, section 47. officer, in relation to the Commonwealth, has the meaning given in part XIA of the Competition and Consumer Act. operative date, for part 7, see section 40. participating jurisdiction means a jurisdiction that is a party to the Conduct Code Agreement and applies the Competition Code 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 Schedule 1 of the Competition and Consumer Act. State includes a Territory. Territory means the Australian Capital Territory or the Northern Territory of Australia. this jurisdiction means Queensland. Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act, and includes a member of the tribunal or a division of the tribunal performing functions of the tribunal. (2) If an expression is defined in the Trade Practices Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act. (3) In this Act, a reference to a Commonwealth Act includes a reference to— (a) that Commonwealth Act as amended and in force for the time being; and (b) an Act enacted in substitution for that Act.