Commonwealth Numbered Regulations - Explanatory Statements

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TRADE PRACTICES REGULATIONS (AMENDMENT) 1993 NO. 21

STATUTORY RULES 1993 No. 21

Issued by the Authority of the Attorney-General

Trade Practices Act 1974

Trade Practices Regulations (Amendment)

Section 172 of the Trade Practices Act 1974 (the Act) empowers the Governor-General to make regulations prescribing the fees payable to the Trade Practices Commission on making a prescribed application, or giving a prescribed notice, to the Commission under the Act.

The Regulations prescribe the fees payable to the Commission for applications for authorization of agreements and covenants affecting competition, primary and secondary boycotts, exclusive dealing conduct and mergers, and for notifications of exclusive dealing conduct. The prescribed fees are based on recovery of the costs of the Commission in adjudicating on authorization applications and on notifications.

The Regulations provide that, where a number of applications for authorization (except merger applications) or a number of notifications are lodged within a period of 14 days, in respect of conduct in the same or a closely related market, a concessional fee is payable in respect of the second and each subsequent application or notification.

The prescribed fees are:

•       $15,000 each for merger authorization applications;

•       $7,500 each for all other authorization applications, except where the concessional fee of $1,500 is payable;

•       $2,500 each for notifications, except where the concessional fee of $500 is payable.