Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 65J

             (1)  Subject to section 65L, where the Minister proposes to publish a notice under subsection 65C(5) or (7) or 65F(1) in relation to goods of a particular kind, the Minister shall prepare:

                     (a)  a draft of the notice proposed to be published; and

                     (b)  a summary of the reasons for the proposed publication of the notice;

and shall, by notice in writing published in the Gazette , invite any person (in this section referred to as a supplier ) who supplied or proposes to supply goods of that kind to notify the Commission, within the period (in this section referred to as the relevant period ) of 10 days commencing on the day specified in the last‑mentioned notice, being not earlier than the day on which that notice is published in the Gazette , whether the supplier wishes the Commission to hold a conference in relation to the proposed publication of the first‑mentioned notice.

             (2)  A notice published under subsection (1) shall set out a copy of the draft notice under subsection 65C(5) or (7) or 65F(1) and a copy of the summary of the reasons for the proposed publication of the notice.

             (3)  If no supplier notifies the Commission in writing within the relevant period or within such longer period as the Commission allows that the supplier wishes the Commission to hold a conference in relation to the proposed publication of the notice under subsection 65C(5) or (7) or 65(1), the Commission shall notify the Minister accordingly.

             (4)  If a supplier notifies the Commission in writing within the relevant period or within such longer period as the Commission allows that the supplier wishes the Commission to hold a conference in relation to the proposed publication of a notice under subsection 65C(5) or (7) or 65F(1), the Commission shall appoint a day (being not later than 14 days after the end of that period), time and place for the holding of the conference, and give notice of the day, time and place so appointed to the Minister and to each supplier who so notified the Commission.

             (5)  At a conference under this section:

                     (a)  the Commission shall be represented by a member or members nominated by the Chairperson;

                     (b)  each supplier who notified the Commission in accordance with subsection (4) is entitled to be present or to be represented;

                     (c)  any other person whose presence at the conference is considered by the Commission to be appropriate is entitled to be present or to be represented;

                     (d)  the Minister or a person or persons nominated in writing by the Minister is or are entitled to be present; and

                     (e)  the procedure to be followed shall be as determined by the Commission.

             (6)  The Commission shall cause a record of proceedings at a conference under this section to be kept.

             (7)  The Commission shall, as far as is practicable, ensure that each person who, in accordance with subsection (5), is entitled to be present or who is representing such a person at a conference is given a reasonable opportunity at the conference to present his or her case and, in particular, to inspect any documents which the Commission proposes to consider for the purpose of making a recommendation after the conclusion of the conference, other than any document that contains particulars of a secret formula or process, and to make submissions in relation to those documents.