Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 151AKA

Particular anti‑competitive conduct

             (1)  The Commission may issue a written notice stating that a specified carrier or carriage service provider has engaged, or is engaging, in a specified instance of anti‑competitive conduct.

Kind of anti‑competitive conduct

             (2)  The Commission may issue a written notice stating that a specified carrier or carriage service provider has engaged, or is engaging, in at least one instance of anti‑competitive conduct of a kind described in the notice.

Part A competition notice

             (3)  A notice under subsection (1) or (2) is to be known as a Part A competition notice .

Part A competition notices under subsection (2)

             (4)  For the purposes of this Part, a kind of anti‑competitive conduct described in a Part A competition notice under subsection (2) is taken to be conduct of a kind dealt with in the notice.

             (5)  To avoid doubt, a Part A competition notice under subsection (2) is not required to specify any instance of anti‑competitive conduct.

             (6)  In deciding how to describe a kind of anti‑competitive conduct in a Part A competition notice under subsection (2), the Commission may have regard to:

                     (a)  whether the carrier or carriage service provider concerned could, by varying its conduct, continue to engage in anti‑competitive conduct and avoid proceedings against it under one or more provisions of Division 7; and

                     (b)  any other matters that the Commission thinks are relevant.

Threshold for issuing Part A competition notices

             (7)  The Commission may issue a Part A competition notice under subsection (1) that specifies an instance of anti‑competitive conduct if the Commission has reason to believe that the carrier or carriage service provider concerned has engaged, or is engaging, in that instance of anti‑competitive conduct.

             (8)  The Commission may issue a Part A competition notice under subsection (2) that describes a kind of anti‑competitive conduct if the Commission has reason to believe that the carrier or carriage service provider concerned has engaged, or is engaging, in at least one instance of anti‑competitive conduct of that kind.

Consultation

             (9)  The Commission must not issue a Part A competition notice under subsection (1) in relation to a carrier or carriage service provider unless the Commission has first:

                     (a)  given the carrier or provider a written notice:

                              (i)  stating that the Commission proposes to issue a Part A competition notice under subsection (1) in relation to the carrier or provider; and

                             (ii)  describing, in summary form, the instance of anti‑competitive conduct that is proposed to be specified in the Part A competition notice; and

                            (iii)  inviting the carrier or provider to make a submission to the Commission on the proposal by a specified time limit; and

                     (b)  considered any submission that was received within that time limit.

           (10)  The Commission must not issue a Part A competition notice under subsection (2) in relation to a carrier or carriage service provider unless the Commission has first:

                     (a)  given the carrier or provider a written notice:

                              (i)  stating that the Commission proposes to issue a Part A competition notice under subsection (2) in relation to the carrier or provider; and

                             (ii)  describing, in summary form, the kind of anti‑competitive conduct that is proposed to be specified in the Part A competition notice; and

                            (iii)  inviting the carrier or provider to make a submission to the Commission on the proposal by a specified time limit; and

                     (b)  considered any submission that was received within that time limit.

Note:          For the effect of a Part A competition notice, see subsections 151BY(3), 151CB(3), 151CC(3) and 151CE(5).