Competition Policy Reform (Western Australia) Act 1996 (WA)

Western Australia Competition Policy Reform (Western Australia) Act 1996 Western Australia Competition Policy Reform (Western Australia) Act 1996 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Definitions 2 Part 2 — The Competition Code 4. The Competition Code text 5 5. Application of Competition Code 5 6. Future modifications of Competition Code text 5 7. Interpretation of Competition Code 6 8. Application of Competition Code 7 9. Special provisions 8 Part 3 — Citing the Competition Codes 10. Citation of Competition Code of this jurisdiction 9 11. References to Competition Code 9 12. References to Competition Codes of other jurisdictions 9 Part 4 — Application of Competition Codes to Crown 13. Application law of this jurisdiction 10 14. Application law of other jurisdictions 10 15. Activities that are not business 10 16. Crown not liable to pecuniary penalty or prosecution 12 17. This Part overrides the prerogative 12 Part 5 — National administration and enforcement of Competition Codes Division 1 — Preliminary 18. Object 13 Division 2 — Conferral of functions 19. Conferral of functions and powers on certain bodies 13 20. Conferral of other functions and powers for purposes of law in this jurisdiction 13 Division 4 — Offences 24. Object 14 25. Application of Commonwealth laws to offences against Competition Code of this jurisdiction 14 26. Application of Commonwealth laws to offences against Competition Codes of other jurisdictions 15 27. Functions and powers conferred on Commonwealth officers and authorities 16 28. Restriction of functions and powers of officers and authorities of this jurisdiction 16 Division 5 — Administrative law 29. Definition 17 30. Application of Commonwealth administrative laws to Competition Code of this jurisdiction 17 31. Application of Commonwealth administrative laws to Competition Codes of other jurisdictions 18 32. Functions and powers conferred on Commonwealth officers and authorities 18 33. Restriction of functions and powers of authorities and officers of this jurisdiction 19 Part 6 — Miscellaneous 34. No doubling‑up of liabilities 20 35. Things done for multiple purposes 20 36. Reference in Commonwealth law to a provision of another law 20 37. Fees and other money 21 38. Regulations 21 39. Regulations for exceptions under section 51 of Trade Practices Act or Code 21 Part 7 — Transitional rules 40. Definitions 22 41. Existing contracts 22 42. Section 51 exceptions 23 43. Temporary exemption from pecuniary penalties 23 44. Regulations relating to savings and transitional matters 23 Part 8 — State administration of Competition Code Division 1 — Preliminary 45. Definitions 24 46. Arrangements 24 47. Minister may declare a matter to be a State matter 24 Division 2 — Application of provisions 48. If State is not a fully‑participating jurisdiction 25 49. If State is not a party to the Conduct Code Agreement 25 50. If matter is a State matter 26 Division 3 — State authorities to perform functions under the Competition Code 51. Application of this Division 26 52. References in Competition Code taken to be references to State authorities 27 53. Conferral of functions and powers on State authorities 27 Division 4 — Jurisdiction of State courts 54. Application of this Division 28 55. Jurisdiction of State courts 28 56. References in Competition Code taken to be references to State courts 28 57. Exercise of jurisdiction under cross‑vesting provisions 28 Division 5 — Commissioner 58. Commissioner 29 59. Delegation by Commissioner 29 60. Information officially obtained to be confidential 29 61. Protection from liability for wrongdoing 30 62. Judicial notice 31 Note Schedule version of Part IV of the Trade Practices Act 1974 of the Commonwealth 45. Contracts, arrangements or understandings that restrict dealings or affect competition 32 45A. Contracts, arrangements or understandings in relation to prices 35 45B. Covenants affecting competition 38 45C. Covenants in relation to prices 41 45D. Secondary boycotts for the purpose of causing substantial loss or damage 43 45DA. Secondary boycotts for the purpose of causing substantial lessening of competition 44 45DC. Involvement and liability of employee organisations 45 45DD. Situations in which boycotts permitted 47 45E. Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services 49 45EA. Provisions contravening section 45E not to be given effect 53 45EB. Sections 45D to 45EA do not affect operation of other provisions of Part 53 46. Misuse of market power 53 47. Exclusive dealing 55 48. Resale price maintenance 62 50. Prohibition of acquisitions that would result in a substantial lessening of competition 62 51. Exceptions 64 Notes Compilation table 69 Defined terms Western Australia Competition Policy Reform (Western Australia) Act 1996 An Act to apply certain laws of the Commonwealth relating to competition policy as laws of Western Australia, and for other purposes.