18. (1) If, immediately before the commencement date, TPC was a party to proceedings that were pending or existing at that date, then, on and after that date, ACCC is substituted for TPC in those proceedings and has the same rights and obligations in the proceedings as TPC had.

(2)

In subregulation (1) "proceedings" includes (without limiting the meaning of the term) proceedings in any court or tribunal, and in particular includes:

(a)

proceedings under section 75AQ (Representative actions by Commission) of the Trade Practices Act; and

(b)

proceedings under Part VI (Enforcement and remedies) of the Trade Practices Act ; and

(c)

proceedings under section 163A (Jurisdiction of Court to make declarations and orders) of the Trade Practices Act.

(3)

If, immediately before the commencement date, PSA was, on behalf of the Commonwealth, a party to proceedings (including proceedings in any court or tribunal) that were pending or existing at that date, then, on and after that date, ACCC is substituted for PSA in those proceedings and has the same rights and obligations in the proceedings as PSA had.

(4)

If, immediately before the commencement date, any member of PSA was a party to proceedings (including proceedings in any court or tribunal) that:

(a)

were pending or existing at that date; and

(b)

arose out of any act done, or omission made, by the member in the course of the member's performance of his or her duties as a member;

then, on and after that date, ACCC is substituted for the member in those proceedings and has the same rights and obligations in the proceedings as the member had.