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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Competition and Consumer Amendment
(Strengthening Rules About Misuse of
Market Power) Bill 2013
No. , 2013
(Mr Oakeshott)
A Bill for an Act to amend the Competition and
Consumer Act 2010, and for related purposes
i Competition and Consumer Amendment (Strengthening Rules About Misuse of Market
Power) Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Competition and Consumer Act 2010
3
Competition and Consumer Amendment (Strengthening Rules About Misuse of Market Power)
Bill 2013 No. , 2013 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:
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1 Short title
4
This Act may be cited as the Competition and Consumer
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Amendment (Strengthening Rules About Misuse of Market Power)
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Act 2013.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
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Assent.
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Schedule 1 Amendments
2 Competition and Consumer Amendment (Strengthening Rules About Misuse of Market
Power) Bill 2013 No. , 2013
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
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Amendments Schedule 1
Competition and Consumer Amendment (Strengthening Rules About Misuse of Market Power)
Bill 2013 No. , 2013 3
Schedule 1
--
Amendments
1
2
Competition and Consumer Act 2010
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1 Before section 45
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Insert:
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Subdivision A--Restrictive trade practices
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2 After subsection 46(1)
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Insert:
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(1AAAA) A corporation that has a substantial degree of power in a market
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must not engage in conduct if it is reasonably likely that the
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conduct will, directly or indirectly, result in any of the following:
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(a) the elimination of, or substantial damage to, a competitor of
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the corporation or of a body corporate that is related to the
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corporation in that or any other market;
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(b) the prevention of entry of a person into that or any other
15
market;
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(c) the deterrence or prevention of a person from engaging in
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competitive conduct in that or any other market;
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(d) a lessening of competition in any part of the supply chain in
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that or any other market.
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3 Subsection 46(1AAA)
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After "subsection (1)", insert "or (1AAAA)".
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4 Subsection 46(1A)
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After "subsections (1)", insert ", (1AAAA)".
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5 Paragraph 46(1A)(a)
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After "paragraphs (1)(a)", insert ", (1AAAA)(a)".
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6 Paragraph 46(1A)(b)
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After "paragraphs (1)(b) and (c)", insert ", (1AAAA)(b) and (c)".
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7 Subsection 46(4A)
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Schedule 1 Amendments
4 Competition and Consumer Amendment (Strengthening Rules About Misuse of Market
Power) Bill 2013 No. , 2013
After "subsection (1)", insert "or (1AAAA)".
1
8 Subsection 46(5)
2
After "subsection (1)", insert "or (1AAAA)".
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9 After section 50
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Insert:
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Subdivision B--Investigation power
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50AA Commission may require corporation to provide information
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(1) This section applies if the Commission reasonably believes that
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circumstances exist to indicate that there has been or might be a
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contravention of section 46.
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(2) The Commission may give a corporation a written notice that
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requires the corporation to do any or all of the following:
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(a) prepare and give to the Commission a supply chain impact
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statement in accordance with subsection (3), within 21 days
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after the notice is given to the corporation;
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(b) give information, or to produce a document, to the
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Commission within 21 days after the notice is given to the
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corporation;
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(c) have an officer attend before a representative of the
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Commission, at the specified time and place, to answer
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questions.
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(3) For the purposes of paragraph (2)(a), a supply chain impact
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statement must do the following:
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(a) identify the parts that, in the corporation's view, make up the
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supply chain for the relevant market;
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(b) describe the investigations the corporation has made in order
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to consider the immediate and potential future impacts of the
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corporation's conduct on that supply chain;
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(c) set out the corporation's conclusions about the likely
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immediate and future impacts of the corporation's conduct on
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each part of that supply chain.
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(4) The requested information or documents, or the questions (when
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asked), must relate to at least one of the following:
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Amendments Schedule 1
Competition and Consumer Amendment (Strengthening Rules About Misuse of Market Power)
Bill 2013 No. , 2013 5
(a) the circumstances referred to in subsection (1);
1
(b) the possible contravention of section 46 referred to in
2
subsection (1);
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(c) matters connected with those circumstances or that
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contravention, knowledge of which may assist the
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Commission in determining whether there has been or will be
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a contravention, including (without limitation) matters
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relating to the impact of the corporation's conduct on any
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parts of the supply chain for the relevant market.
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(5) The notice must:
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(a) name the corporation to which it is given; and
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(b) specify the circumstances that the Commission believes exist
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that could give rise to a contravention of section 46; and
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(c) explain the effect of sections 50AB, 50AC and, if relevant,
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50AD and 50AE.
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(6) The notice may relate to one or more documents or pieces of
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information.
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50AB Extending periods for complying with notices
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(1) A corporation that has been given a notice under section 50AA
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may, at any time within 21 days after the notice was given to the
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corporation, apply in writing to the Commission for an extension
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of the period for complying with the notice.
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(2) The Commission may, by written notice given to the corporation,
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extend the period within which the corporation must comply with
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the notice.
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50AC Compliance with notices
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A corporation that is given a notice under section 50AA must
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comply with it:
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(a) within the period of 21 days specified in the notice; or
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(b) for a requirement in paragraph 50AA(2)(c)--at the time
30
specified in the notice for that requirement; or
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(c) if the period for complying with the notice has been extended
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under section 50AB--the period as so extended.
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Schedule 1 Amendments
6 Competition and Consumer Amendment (Strengthening Rules About Misuse of Market
Power) Bill 2013 No. , 2013
50AD False or misleading information etc.
1
(1) A corporation must not, in compliance or purported compliance
2
with a notice given under section 50AA:
3
(a) give to the Commission false or misleading information; or
4
(b) produce to the Commission documents that contain false or
5
misleading information.
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(2) This section does not apply to:
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(a) information that the corporation could not have known was
8
false or misleading; or
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(b) the production to the Commission of a document containing
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false or misleading information if the document is
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accompanied by a statement of the corporation that the
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information is false or misleading.
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50AE False or misleading answers
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An officer of a corporation must not give a false or misleading
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answer to a question put to the officer in relation to a notice given
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under section 50AA.
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50AF Disclosure of information etc.
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Supply chain impact statement
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(1) The Commission must publish a supply chain impact statement
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given to the Commission under paragraph 50AA(2)(a), as soon as
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practicable, on the Commission's website.
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Other information
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(2) The Commission must not disclose other information given to the
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Commission on request under section 50AA except as required by
25
law.
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Subdivision C--Miscellaneous
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