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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Competition and Consumer Amendment
(Continuing ACCC Monitoring of
Domestic Airline Competition) Bill 2023
No. , 2023
(Senators Dean Smith and McKenzie)
A Bill for an Act to amend the
Competition and
Consumer Act 2010
, and for related purposes
No. , 2023
Competition and Consumer Amendment (Continuing ACCC
Monitoring of Domestic Airline Competition) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Price monitoring
3
Part 1--Amendments
3
Competition and Consumer Act 2010
3
Part 2--Repeals
6
Competition and Consumer (Price Monitoring--Domestic Air Passenger
Transport) Direction 2020
6
No. , 2023
Competition and Consumer Amendment (Continuing ACCC
Monitoring of Domestic Airline Competition) Bill 2023
1
A Bill for an Act to amend the
Competition and
1
Consumer Act 2010
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Competition and Consumer Amendment
5
(Continuing ACCC Monitoring of Domestic Airline Competition)
6
Act 2023
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Competition and Consumer Amendment (Continuing ACCC
Monitoring of Domestic Airline Competition) Bill 2023
No. , 2023
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Price monitoring
Schedule 1
Amendments
Part 1
No. , 2023
Competition and Consumer Amendment (Continuing ACCC
Monitoring of Domestic Airline Competition) Bill 2023
3
Schedule 1--Price monitoring
1
Part 1--Amendments
2
Competition and Consumer Act 2010
3
1 At the end of Division 5 of Part VIIA
4
Add:
5
95ZGA Price monitoring of domestic air passenger transport
6
services and related goods and services
7
Object
8
(1) The object of this section is to monitor prices, costs and profits
9
relating to the supply of domestic air passenger transport services,
10
and of related goods and services, for a period of 3 years.
11
Commission to monitor prices
12
(2) The Commission must:
13
(a) monitor prices, costs and profits relating to the supply of
14
goods and services by persons in the air passenger transport
15
service industry; and
16
(b) give the Minister a report on the monitoring at least once
17
every quarter that starts during the period of 3 years
18
beginning at the commencement of this section.
19
(3) Subsection (2) does not apply in relation to:
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(a) an exempt supply; or
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(b) the supply of a good or service by a State or Territory
22
authority.
23
Commercial confidentiality
24
(4) The Commission must, in preparing a report referred to in
25
paragraph (2)(b), have regard to the need for commercial
26
confidentiality.
27
Schedule 1
Price monitoring
Part 1
Amendments
4
Competition and Consumer Amendment (Continuing ACCC
Monitoring of Domestic Airline Competition) Bill 2023
No. , 2023
Publishing and tabling requirements
1
(5) As soon as practicable after giving a report to the Minister, the
2
Commission must publish the report on its website.
3
(6) The Minister must cause copies of the report to be tabled in each
4
House of the Parliament within 10 sitting days of that House after
5
the report is given to the Minister.
6
Commission to give special consideration to specified matters
7
(7) The Commission must give special consideration to:
8
(a) the object in subsection (1); and
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(b) monitoring the prices, costs and profits relating to the supply
10
of:
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(i) domestic air passenger transport services; and
12
(ii) goods and services that are related to the supply of
13
domestic air passenger transport services;
14
in complying with the obligation in subsection (2).
15
Definitions
16
(8) In this section:
17
air passenger transport service industry
means the industry
18
comprised of those parts of the air and space transport class 4900
19
that relate to the supply of air passenger transport services, as
20
classified in ANZSIC.
21
ANZSIC
means the
Australian and New Zealand Standard
22
Industrial Classification 2006
(1292.0) published by the Australian
23
Statistician, as revised and in force on the day this section
24
commences.
25
Note:
In 2023, the text of the
Australian and New Zealand Standard
26
Industrial Classification 2006
was accessible through the Australian
27
Bureau of Statistics website (http://www.abs.gov.au).
28
domestic air passenger transport service
means an air passenger
29
transport service to the extent that it is provided for the purposes of
30
air passenger transport between places within Australia.
31
Price monitoring
Schedule 1
Amendments
Part 1
No. , 2023
Competition and Consumer Amendment (Continuing ACCC
Monitoring of Domestic Airline Competition) Bill 2023
5
quarter
means a period of 3 months ending on 31 March, 30 June,
1
30 September or 31 December.
2
Schedule 1
Price monitoring
Part 2
Repeals
6
Competition and Consumer Amendment (Continuing ACCC
Monitoring of Domestic Airline Competition) Bill 2023
No. , 2023
Part 2--Repeals
1
Competition and Consumer (Price Monitoring--Domestic
2
Air Passenger Transport) Direction 2020
3
2 The whole of the instrument
4
Repeal the instrument.
5