{"id":"nsw:act-1995-008","name":"Competition Policy Reform (New South Wales) Act 1995","slug":"competition-policy-reform-new-south-wales-act-1995","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"8 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105763,"registerId":"nsw-act-1995-008-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Competition Policy Reform (New South Wales) Act 1995](/view/html/inforce/current/act-1995-008).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Parts 1 and 7 commence on the date of assent to this Act.\n> \n> > (2) The remaining provisions of this Act commence on the first day after the end of the period of 12 months after the day on which the [Competition Policy Reform Act 1995](http://www.legislation.gov.au/) of the Commonwealth received the Royal Assent, but, if the commencement of those provisions is postponed under subsection (3), they commence on the day to which their commencement has been postponed (or the later or latest of those days).\n> \n> > (3) The commencement of the provisions referred to in subsection (2) may be postponed from time to time by proclamation, but any such postponement cannot be effected after the provisions have commenced.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, unless the contrary intention appears—\n> > \n> > application law means—\n> > \n> > > (a) a law of a participating jurisdiction that applies the Competition Code, either with or without modifications, as a law of the participating jurisdiction, or\n> > \n> > > (b) any regulations or other legislative instrument made under a law described in paragraph (a), or\n> > \n> > > (c) the Competition Code, applying as a law of the participating jurisdiction, either with or without modifications.\n> > \n> > Commission means the Australian Competition and Consumer Commission established by section 6A of the Trade Practices Act, and includes a member of the Commission or a Division of the Commission performing functions of the Commission.\n> > \n> > Competition Code means (according to the context)—\n> > \n> > > (a) the Competition Code text, or\n> > \n> > > (b) the Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications.\n> > \n> > Competition Code text means the text described in section 4.\n> > \n> > Conduct Code Agreement means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being.\n> > \n> > Council means the National Competition Council established by section 29A of the Trade Practices Act.\n> > \n> > instrument means any document whatever, including—\n> > \n> > > (a) an Act or an instrument made under an Act, or\n> > \n> > > (b) a law of this jurisdiction or an instrument made under such a law, or\n> > \n> > > (c) an award or other industrial determination or order, or an industrial agreement, or\n> > \n> > > (d) any other order (whether executive, judicial or otherwise), or\n> > \n> > > (e) a notice, certificate or licence, or\n> > \n> > > (f) an agreement, or\n> > \n> > > (g) an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose, or\n> > \n> > > (h) an indictment, presentment, summons or writ, or\n> > \n> > > (i) any other pleading in, or process issued in connection with, a legal or other proceeding.\n> > \n> > jurisdiction means a State.\n> > \n> > law, in relation to a Territory, means a law of, or in force in, that Territory.\n> > \n> > modifications includes additions, omissions and substitutions.\n> > \n> > month means a period commencing at the beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month.\n> > \n> > officer, in relation to the Commonwealth, has the meaning given in Part XIA of the Trade Practices Act.\n> > \n> > participating jurisdiction means a jurisdiction that is a party to the Conduct Code Agreement and applies the Competition Code as a law of the jurisdiction, either with or without modifications.\n> > \n> > proclamation means a proclamation of the Governor published in the Government Gazette of this jurisdiction.\n> > \n> > Schedule version of Part IV means the text that is set out in Part 1 of the Schedule to the Trade Practices Act.\n> > \n> > State includes a Territory.\n> > \n> > Territory means the Australian Capital Territory or the Northern Territory of Australia.\n> > \n> > this jurisdiction means New South Wales.\n> > \n> > Trade Practices Act means the [Trade Practices Act 1974](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Tribunal means the Australian Competition Tribunal referred to in the Trade Practices Act, and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.\n> \n> > (2) If an expression is defined in the Trade Practices Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.\n> \n> > (3) In this Act, a reference to a Commonwealth Act includes a reference to—\n> > \n> > > (a) that Commonwealth Act as amended and in force for the time being, and\n> > \n> > > (b) an Act enacted in substitution for that Act.\n> \n> **s 3:** Am 1995 No 99, Sch 2; 1999 No 55, Sch 1.1.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Competition Code","content":"# Part 2 The Competition Code\n\nPart 2 The Competition Code","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"The Competition Code text","content":"#### 4 The Competition Code text\n\n4 The Competition Code text\n\n> > (1) The Competition Code text consists of—\n> > \n> > > (a) the Schedule version of Part IV, and\n> > \n> > > (b) the remaining provisions of the Trade Practices Act (except sections 2A, 5, 6 and 172), so far as they would relate to the Schedule version if the Schedule version were substituted for Part IV of that Act, and\n> > \n> > > (c) the regulations under the Trade Practices Act, so far as they relate to any provisions covered by paragraph (a) or (b).\n> \n> > (2) For the purpose of forming part of the Competition Code text—\n> > \n> > > (a) the provisions referred to in subsection (1) (b) and (c) are to be modified as necessary to fit in with the Schedule version of Part IV, and\n> > \n> > > (b) in particular, references to corporations are to include references to persons who are not corporations.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of Competition Code","content":"#### 5 Application of Competition Code\n\n5 Application of Competition Code\n\n> > (1) The Competition Code text, as in force for the time being, applies as a law of New South Wales.\n> \n> > (2) This section has effect subject to section 6.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Future modifications of Competition Code text","content":"#### 6 Future modifications of Competition Code text\n\n6 Future modifications of Competition Code text\n\n> > (1) A modification made by a Commonwealth law to the Competition Code text after the commencement of this section—\n> > \n> > > (a) does not apply under section 5 until at least the end of the period of 2 months after the date of the modification, unless a proclamation appoints an earlier date, and\n> > \n> > > (b) does not apply under that section at all, if the modification is declared by a proclamation to be excluded from the operation of that section.\n> \n> > (2) A proclamation under subsection (1) (a)—\n> > \n> > > (a) cannot appoint any day that is earlier than the date of publication or notification of the proclamation or that is earlier than the date on which the modification of the text takes effect, and\n> > \n> > > (b) is taken in such a case to appoint the date of publication or notification of the proclamation or the date on which the modification of the text takes effect, whichever is the later.\n> \n> > (3) A proclamation under subsection (1) (b) has effect only if published or notified before the end of 2 months after the date of the modification.\n> \n> > (4) Subsection (1) (b) ceases to apply to the modification if a further proclamation so provides.\n> \n> > (5) For the purposes of this section, the date of the modification is the date on which the Commonwealth Act effecting the modification receives the Royal Assent or the regulation effecting the modification is notified in the Commonwealth of Australia Gazette.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation of Competition Code","content":"#### 7 Interpretation of Competition Code\n\n7 Interpretation of Competition Code\n\n> > (1) The [Acts Interpretation Act 1901](http://www.legislation.gov.au/) of the Commonwealth applies as a law of this jurisdiction to—\n> > \n> > > (a) the Competition Code of this jurisdiction, and\n> > \n> > > (b) any instrument under that Code.\n> \n> > (2) For the purposes of subsection (1), the Commonwealth Act mentioned in that subsection applies as if—\n> > \n> > > (a) the statutory provisions in the Competition Code of this jurisdiction were a Commonwealth Act, and\n> > \n> > > (b) the regulations in the Competition Code of this jurisdiction or instruments mentioned in that subsection were regulations or instruments under a Commonwealth Act.\n> \n> > (3) The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) of New South Wales does not apply to—\n> > \n> > > (a) the Competition Code of New South Wales, or\n> > \n> > > (b) any instrument under that Code.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Application of Competition Code","content":"#### 8 Application of Competition Code\n\n8 Application of Competition Code\n\n> > (1) The Competition Code of this jurisdiction applies to and in relation to—\n> > \n> > > (a) persons carrying on business within this jurisdiction, or\n> > \n> > > (b) bodies corporate incorporated or registered under the law of this jurisdiction, or\n> > \n> > > (c) persons ordinarily resident in this jurisdiction, or\n> > \n> > > (d) persons otherwise connected with this jurisdiction.\n> \n> > (2) Subject to subsection (1), the Competition Code of this jurisdiction extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).\n> \n> > (3) Where a claim under section 82 of the Competition Code of this jurisdiction is made in a proceeding, a person is not entitled to rely at a hearing in respect of that proceeding on conduct to which a provision of the Code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.\n> \n> > (4) A person other than the Commonwealth Minister or the Commission is not entitled to make an application to the Court for an order under section 87 (1) or (1A) of the Competition Code of this jurisdiction in a proceeding in respect of conduct to which a provision of the Code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.\n> \n> > (5) The Commonwealth Minister is required to give a consent under subsection (3) or (4) in respect of a proceeding unless, in the opinion of the Commonwealth Minister—\n> > \n> > > (a) the law of the country in which the conduct concerned was engaged in required or specifically authorised the engaging in of the conduct, and\n> > \n> > > (b) it is not in the national interest that the consent be given.\n> \n> > (6) In this section—\n> > \n> > Commonwealth Minister means a Minister of State for the Commonwealth administering Part IV of the Trade Practices Act.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Special provisions","content":"#### 9 Special provisions\n\n9 Special provisions\n\n> The references in sections 45 and 45B of the Competition Code of this or another participating jurisdiction to “the commencement of this section” are taken to be references to the commencement of the provision of the law of that jurisdiction that provides that the Competition Code text as in force for the time being applies as a law of that jurisdiction.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Citing the Competition Codes","content":"# Part 3 Citing the Competition Codes\n\nPart 3 Citing the Competition Codes","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Citation of Competition Code of this jurisdiction","content":"#### 10 Citation of Competition Code of this jurisdiction\n\n10 Citation of Competition Code of this jurisdiction\n\n> The Competition Code text applying as a law of this jurisdiction may be cited as the Competition Code of New South Wales.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"References to Competition Code","content":"#### 11 References to Competition Code\n\n11 References to Competition Code\n\n> > (1) The object of this section is to help ensure that the Competition Code of this jurisdiction can operate, in appropriate circumstances, as if that Code, together with the Competition Code of each other participating jurisdiction, constituted a single national Competition Code applying throughout the participating jurisdictions.\n> \n> > (2) A reference in any instrument to the Competition Code is a reference to the Competition Codes of any or all of the participating jurisdictions.\n> \n> > (3) Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"References to Competition Codes of other jurisdictions","content":"#### 12 References to Competition Codes of other jurisdictions\n\n12 References to Competition Codes of other jurisdictions\n\n> > (1) This section has effect for the purposes of an Act, a law of this jurisdiction or an instrument under an Act or such a law.\n> \n> > (2) If a law of a participating jurisdiction other than this jurisdiction provides that the Competition Code text as in force for the time being applies as a law of that jurisdiction, the Competition Code of that jurisdiction is the Competition Code text, applying as a law of that jurisdiction.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Application of Competition Codes to Crown","content":"# Part 4 Application of Competition Codes to Crown\n\nPart 4 Application of Competition Codes to Crown","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Application law of this jurisdiction","content":"#### 13 Application law of this jurisdiction\n\n13 Application law of this jurisdiction\n\n> The application law of this jurisdiction binds (so far as the legislative power of Parliament permits) the Crown in right of this jurisdiction and of each other jurisdiction, so far as the Crown carries on a business, either directly or by an authority of the jurisdiction concerned.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Application law of other jurisdictions","content":"#### 14 Application law of other jurisdictions\n\n14 Application law of other jurisdictions\n\n> The application law of each participating jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction, so far as the Crown carries on a business, either directly or by an authority of this jurisdiction.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Activities that are not business","content":"#### 15 Activities that are not business\n\n15 Activities that are not business\n\n> > (1) For the purposes of sections 13 and 14, the following do not amount to carrying on a business—\n> > \n> > > (a) imposing or collecting—\n> > > \n> > > > (i) taxes, or\n> > > \n> > > > (ii) levies, or\n> > > \n> > > > (iii) fees for licences,\n> > \n> > > (b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions),\n> > \n> > > (c) a transaction involving—\n> > > \n> > > > (i) only persons who are all acting for the Crown in the same right (and none of whom is an authority of a State), or\n> > > \n> > > > (ii) only persons who are all acting for the same authority of a State, or\n> > > \n> > > > (iii) only the Crown in right of a State and one or more non-commercial authorities of that State, or\n> > > \n> > > > (iv) only non-commercial authorities of the same State,\n> > \n> > > (d) the acquisition of primary products by a government body under legislation, unless the acquisition occurs because—\n> > > \n> > > > (i) the body chooses to acquire the products, or\n> > > \n> > > > (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.\n> \n> > (2) Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14.\n> \n> > (3) In this section—\n> > \n> > acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation.\n> > \n> > government body means a State or an authority of a State.\n> > \n> > licence means a licence that allows the licensee to supply goods or services.\n> > \n> > primary products means—\n> > \n> > > (a) agricultural or horticultural produce, or\n> > \n> > > (b) crops, whether on or attached to the land or not, or\n> > \n> > > (c) animals (whether dead or alive), or\n> > \n> > > (d) the bodily produce (including natural increase) of animals.\n> \n> > (4) For the purposes of this section, an authority of a State is non-commercial if—\n> > \n> > > (a) it is constituted by only one person, and\n> > \n> > > (b) it is neither a trading corporation nor a financial corporation.\n> \n> **s 15:** Am 1995 No 99, Sch 2.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Crown not liable to pecuniary penalty or prosecution","content":"#### 16 Crown not liable to pecuniary penalty or prosecution\n\n16 Crown not liable to pecuniary penalty or prosecution\n\n> > (1) Nothing in the application law of this jurisdiction makes the Crown in any capacity liable to a pecuniary penalty or to be prosecuted for an offence.\n> \n> > (2) Without limiting subsection (1), nothing in the application law of a participating jurisdiction makes the Crown in right of this jurisdiction liable to a pecuniary penalty or to be prosecuted for an offence.\n> \n> > (3) The protection in subsection (1) or (2) does not apply to an authority of any jurisdiction.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"This Part overrides the prerogative","content":"#### 17 This Part overrides the prerogative\n\n17 This Part overrides the prerogative\n\n> If, because of this Part, a provision of the law of another participating jurisdiction binds the Crown in right of this jurisdiction, the Crown in that right is subject to that provision despite any prerogative right or privilege.","sortOrder":20},{"sectionNumber":"Part 5","sectionType":"part","heading":"National administration and enforcement of Competition Codes","content":"# Part 5 National administration and enforcement of Competition Codes\n\nPart 5 National administration and enforcement of Competition Codes","sortOrder":21},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Object","content":"#### 18 Object\n\n18 Object\n\n> The object of this Part is to help ensure that the Competition Codes of the participating jurisdictions are administered on a uniform basis, in the same way as if those Codes constituted a single law of the Commonwealth.","sortOrder":23},{"sectionNumber":"Division 2","sectionType":"division","heading":"Conferral of functions","content":"## Division 2 Conferral of functions\n\nDivision 2 Conferral of functions","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Conferral of functions and powers on certain bodies","content":"#### 19 Conferral of functions and powers on certain bodies\n\n19 Conferral of functions and powers on certain bodies\n\n> > (1) The authorities and officers of the Commonwealth referred to in the Competition Code of this jurisdiction, including (but not limited to) the Commission, the Tribunal and the Council, have the functions and powers conferred or expressed to be conferred on them respectively under the Competition Code of this jurisdiction.\n> \n> > (2) In addition to the powers mentioned in subsection (1), the authorities and officers referred to in that subsection have power to do all things necessary or convenient to be done in connection with the performance of the functions and exercise of the powers referred to in that subsection.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Conferral of other functions and powers for purposes of law in this jurisdiction","content":"#### 20 Conferral of other functions and powers for purposes of law in this jurisdiction\n\n20 Conferral of other functions and powers for purposes of law in this jurisdiction\n\n> The Commission and the Tribunal have power to do acts in this jurisdiction in the performance or exercise of any function or power expressed to be conferred on them respectively by the Competition Code of another participating jurisdiction.","sortOrder":26},{"sectionNumber":"Division 3","sectionType":"division","heading":null,"content":"## Division 3\n\nDivision 3\n\n21–23 (Repealed)\n\n**pt 5, div 3:** Rep 2000 No 80, Sch 1.2 \\[1\\].\n\n**s 21:** Rep 2000 No 80, Sch 1.2 \\[1\\].\n\n**s 22:** Rep 1999 No 22, sec 15.\n\n**s 23:** Rep 2000 No 80, Sch 1.2 \\[1\\].","sortOrder":27},{"sectionNumber":"Division 4","sectionType":"division","heading":"Offences","content":"## Division 4 Offences\n\nDivision 4 Offences","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Object","content":"#### 24 Object\n\n24 Object\n\n> > (1) The object of this Division is to further the object of this Part by providing—\n> > \n> > > (a) for an offence against the Competition Code of this jurisdiction to be treated as if it were an offence against a law of the Commonwealth, and\n> > \n> > > (b) for an offence against the Competition Code of another participating jurisdiction to be treated in this jurisdiction as if it were an offence against a law of the Commonwealth.\n> \n> > (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation)—\n> > \n> > > (a) the investigation and prosecution of offences, and\n> > \n> > > (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and\n> > \n> > > (c) proceedings relating to a matter referred to in paragraph (a) or (b), and\n> > \n> > > (d) appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and\n> > \n> > > (e) the sentencing, punishment and release of persons convicted of offences, and\n> > \n> > > (f) fines, penalties and forfeitures, and\n> > \n> > > (g) liability to make reparation in connection with offences, and\n> > \n> > > (h) proceeds of crime, and\n> > \n> > > (i) spent convictions.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Application of Commonwealth laws to offences against Competition Code of this jurisdiction","content":"#### 25 Application of Commonwealth laws to offences against Competition Code of this jurisdiction\n\n25 Application of Commonwealth laws to offences against Competition Code of this jurisdiction\n\n> > (1) The Commonwealth laws apply as laws of this jurisdiction in relation to an offence against the Competition Code of this jurisdiction as if that Code were a law of the Commonwealth and not a law of this jurisdiction.\n> \n> > (2) For the purposes of a law of this jurisdiction, an offence against the Competition Code of this jurisdiction—\n> > \n> > > (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if that Code were a law of the Commonwealth, and\n> > \n> > > (b) is taken not to be an offence against the laws of this jurisdiction.\n> \n> > (3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Application of Commonwealth laws to offences against Competition Codes of other jurisdictions","content":"#### 26 Application of Commonwealth laws to offences against Competition Codes of other jurisdictions\n\n26 Application of Commonwealth laws to offences against Competition Codes of other jurisdictions\n\n> > (1) The Commonwealth laws apply as laws of this jurisdiction in relation to an offence against the Competition Code of another participating jurisdiction as if that Code were a law of the Commonwealth and not a law of that other jurisdiction.\n> \n> > (2) For the purposes of a law of this jurisdiction, an offence against the Competition Code of another participating jurisdiction—\n> > \n> > > (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if that Code were a law of the Commonwealth, and\n> > \n> > > (b) is taken not to be an offence against the laws of that jurisdiction.\n> \n> > (3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.\n> \n> > (4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"#### 27 Functions and powers conferred on Commonwealth officers and authorities\n\n27 Functions and powers conferred on Commonwealth officers and authorities\n\n> > (1) A Commonwealth law applying because of section 25 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Trade Practices Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the Competition Code of this jurisdiction.\n> \n> > (2) A Commonwealth law applying because of section 26 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Trade Practices Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the Competition Code of another participating jurisdiction.\n> \n> > (3) The function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.\n> \n> > (4) In performing a function or exercising a power conferred by subsection (1) or (2), the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Trade Practices Act.","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Restriction of functions and powers of officers and authorities of this jurisdiction","content":"#### 28 Restriction of functions and powers of officers and authorities of this jurisdiction\n\n28 Restriction of functions and powers of officers and authorities of this jurisdiction\n\n> Where, by reason of this Division, a function or power is conferred on a Commonwealth officer or authority, that function or power may not be performed or exercised by an officer or authority of this jurisdiction.","sortOrder":33},{"sectionNumber":"Division 5","sectionType":"division","heading":"Administrative law","content":"## Division 5 Administrative law\n\nDivision 5 Administrative law","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Definition","content":"#### 29 Definition\n\n29 Definition\n\n> In this Division—\n> \n> Commonwealth administrative laws means—\n> \n> > (a) the following Acts—\n> > \n> > > (i) the [Administrative Review Tribunal Act 2024](http://www.legislation.gov.au/) of the Commonwealth, excluding Part 7,\n> > \n> > > (ii) (Repealed)\n> > \n> > > (iii) the [Freedom of Information Act 1982](http://www.legislation.gov.au/) of the Commonwealth,\n> > \n> > > (iv) the [Ombudsman Act 1976](http://www.legislation.gov.au/) of the Commonwealth,\n> > \n> > > (v) the [Privacy Act 1988](http://www.legislation.gov.au/) of the Commonwealth, and\n> \n> > (b) the regulations in force under those Acts.\n> \n> **s 29:** Am 2000 No 80, Sch 1.2 \\[2\\] \\[3\\]; 2025 No 38, Sch 1.4\\[1\\].","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Application of Commonwealth administrative laws to Competition Code of this jurisdiction","content":"#### 30 Application of Commonwealth administrative laws to Competition Code of this jurisdiction\n\n30 Application of Commonwealth administrative laws to Competition Code of this jurisdiction\n\n> > (1) The Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the Competition Code of this jurisdiction as if that Code were a law of the Commonwealth and not a law of this jurisdiction.\n> \n> > (2) For the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of this jurisdiction—\n> > \n> > > (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that Code were a law of the Commonwealth, and\n> > \n> > > (b) is taken not to be a matter arising in relation to laws of this jurisdiction.\n> \n> > (3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Application of Commonwealth administrative laws to Competition Codes of other jurisdictions","content":"#### 31 Application of Commonwealth administrative laws to Competition Codes of other jurisdictions\n\n31 Application of Commonwealth administrative laws to Competition Codes of other jurisdictions\n\n> > (1) The Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the Competition Code of another participating jurisdiction as if that Code were a law of the Commonwealth and not a law of that jurisdiction.\n> \n> > (2) For the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of another participating jurisdiction—\n> > \n> > > (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that Code were a law of the Commonwealth, and\n> > \n> > > (b) is taken not to be a matter arising in relation to laws of that jurisdiction.\n> \n> > (3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.\n> \n> > (4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"#### 32 Functions and powers conferred on Commonwealth officers and authorities\n\n32 Functions and powers conferred on Commonwealth officers and authorities\n\n> > (1) A Commonwealth administrative law applying because of section 30 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the Competition Code of this jurisdiction.\n> \n> > (2) A Commonwealth administrative law applying because of section 31 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the Competition Code of another participating jurisdiction.\n> \n> > (3) The function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.\n> \n> > (4) In performing a function or exercising a power conferred by subsection (1) or (2), the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Restriction of functions and powers of officers and authorities of this jurisdiction","content":"#### 33 Restriction of functions and powers of officers and authorities of this jurisdiction\n\n33 Restriction of functions and powers of officers and authorities of this jurisdiction\n\n> Where, by reason of this Division, a function or power is conferred on a Commonwealth officer or authority, that function or power may not be performed or exercised by an officer or authority of this jurisdiction.","sortOrder":39},{"sectionNumber":"33A","sectionType":"section","heading":"Construction of references to Commonwealth ART Act, Part 7","content":"#### 33A Construction of references to Commonwealth ART Act, Part 7\n\n33A Construction of references to Commonwealth ART Act, Part 7\n\n> For sections 30 and 31, a reference in a provision of the [Administrative Review Tribunal Act 2024](http://www.legislation.gov.au/) of the Commonwealth, as the provision applies as a law of this jurisdiction, to the whole or a part of that Act, Part 7 is taken to be a reference to the whole or a part of that Act, Part 7 as it has effect as a law of the Commonwealth.\n> \n> **s 33A:** Ins 2000 No 80, Sch 1.2 \\[4\\]. Subst 2025 No 38, Sch 1.4\\[2\\].","sortOrder":40},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"No doubling-up of liabilities","content":"#### 34 No doubling-up of liabilities\n\n34 No doubling-up of liabilities\n\n> > (1) If—\n> > \n> > > (a) an act or omission is an offence against the Competition Code of this jurisdiction and is also an offence against the Trade Practices Act or an application law of another participating jurisdiction, and\n> > \n> > > (b) the offender has been punished for the offence under the Trade Practices Act or the application law of the other jurisdiction,\n> > \n> > the offender is not liable to be punished for the offence against the Competition Code of this jurisdiction.\n> \n> > (2) If a person has been ordered to pay a pecuniary penalty under the Trade Practices Act or the application law of another participating jurisdiction, the person is not liable to a pecuniary penalty under the Competition Code of this jurisdiction in respect of the same conduct.","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Things done for multiple purposes","content":"#### 35 Things done for multiple purposes\n\n35 Things done for multiple purposes\n\n> The validity of an authorisation, notification or any other thing given or done for the purposes of the Competition Code of this jurisdiction is not affected only because it was given or done also for the purposes of the Trade Practices Act or the Competition Code of one or more other jurisdictions.","sortOrder":43},{"sectionNumber":"36","sectionType":"section","heading":"Reference in Commonwealth law to a provision of another law","content":"#### 36 Reference in Commonwealth law to a provision of another law\n\n36 Reference in Commonwealth law to a provision of another law\n\n> For the purposes of section 25, 26, 30 or 31, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of that section.","sortOrder":44},{"sectionNumber":"37","sectionType":"section","heading":"Fees and other money","content":"#### 37 Fees and other money\n\n37 Fees and other money\n\n> > (1) All fees, taxes, penalties (including pecuniary penalties referred to in section 76 of the Competition Code), fines and other money that, under the application law of this jurisdiction, are authorised or directed to be payable by or imposed on any person must be paid to the Commonwealth.\n> \n> > (2) Subsection (1) does not apply to amounts recovered for loss or damage as referred to in section 82 or 87 of the Competition Code and other amounts prescribed by the regulations under this Act.\n> \n> > (3) This subsection imposes the fees (including fees that are taxes) that the regulations in the Competition Code of this jurisdiction prescribe.","sortOrder":45},{"sectionNumber":"38","sectionType":"section","heading":"Regulations","content":"#### 38 Regulations\n\n38 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> **s 38:** Am 1995 No 99, Sch 2.","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"Regulations for exceptions under section 51 of Trade Practices Act or Code","content":"#### 39 Regulations for exceptions under section 51 of Trade Practices Act or Code\n\n39 Regulations for exceptions under section 51 of Trade Practices Act or Code\n\n> Without limiting any other power to make regulations under any other Act, regulations may be made under this Act specifically authorising a specified thing to be done in this jurisdiction and referring expressly to the Trade Practices Act or the Competition Code.","sortOrder":47},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional rules","content":"# Part 7 Transitional rules\n\nPart 7 Transitional rules","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Definitions","content":"#### 40 Definitions\n\n40 Definitions\n\n> In this Part—\n> \n> Code means the Competition Code of this jurisdiction.\n> \n> cut-off date means 19 August 1994.\n> \n> existing contract means a contract that was made before the operative date.\n> \n> operative date means the date of commencement of Parts 2–6 of this Act.","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Existing contracts","content":"#### 41 Existing contracts\n\n41 Existing contracts\n\n> > (1) For the purposes of deciding whether a person has contravened Part IV of the Code at any time after the operative date—\n> > \n> > > (a) existing contracts made before the cut-off date, and things done to give effect to those contracts, are to be disregarded, and\n> > \n> > > (b) if an existing contract made before the cut-off date is varied on or after the cut-off date, things done to give effect to the varied contract are not to be disregarded under paragraph (a) unless they would have been disregarded under the contract as in force immediately before the cut-off date, and\n> > \n> > > (c) regard can be had to existing contracts made on or after the cut-off date and to things done to give effect to those contracts.\n> \n> > (2) Part IV of the Code does not make unenforceable a provision of an existing contract made before the cut-off date, unless it was unenforceable immediately before the operative date.\n> \n> > (3) Part IV of the Code can make unenforceable a provision of an existing contract made on or after the cut-off date.","sortOrder":50},{"sectionNumber":"42","sectionType":"section","heading":"Section 51 exceptions","content":"#### 42 Section 51 exceptions\n\n42 Section 51 exceptions\n\n> > (1) This section applies (in addition to section 51 (1) of the Code) to conduct taking place before the end of 3 years after the date on which the [Competition Policy Reform Act 1995](http://www.legislation.gov.au/) of the Commonwealth received the Royal Assent.\n> \n> > (2) In deciding whether a person has contravened Part IV of the Code, a particular thing is to be disregarded if (and to the same extent) it is to be disregarded for the purposes of the Trade Practices Act because of section 33 of the [Competition Policy Reform Act 1995](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 42:** Am 1995 No 99, Sch 2.","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"Temporary exemption from pecuniary penalties","content":"#### 43 Temporary exemption from pecuniary penalties\n\n43 Temporary exemption from pecuniary penalties\n\n> > (1) A person is not liable to a pecuniary penalty under the Code for conduct that happens within 2 years after the day on which the [Competition Policy Reform Act 1995](http://www.legislation.gov.au/) of the Commonwealth received the Royal Assent.\n> \n> > (2) If the commencement of provisions of this Act is postponed under section 2, the period of 2 years mentioned in this section is extended by the same number of days.","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Advance authorisations","content":"#### 44 Advance authorisations\n\n44 Advance authorisations\n\n> From the commencement of this section—\n> \n> > (a) an authorisation may be applied for and granted under the Code, and\n> \n> > (b) a notice may be given under section 93 of the Code,\n> \n> as if the whole of this Act commenced at the same time as this section.","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Regulations relating to savings and transitional matters","content":"#### 45 Regulations relating to savings and transitional matters\n\n45 Regulations relating to savings and transitional matters\n\n> > (1) The regulations under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act.\n> \n> > (2) Any such savings or transitional provision may, if the regulations so provide, take effect retrospectively.\n> \n> > (3) To the extent to which any such savings or transitional provision takes effect from a date that is earlier than the date of its publication or notification in the Gazette, the provision does not operate so as—\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication or notification, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication or notification.","sortOrder":54},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n**sch 1:** Ins 2011 No 27, Sch 3.3.","sortOrder":55}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"While the original 1995 intent was to implement the Hilmer Report's National Competition Policy recommendations — applying competition law to NSW government businesses — the three subsequent amendments (2000, 2011, and most recently 2025) suggest the scope has evolved over time, likely reflecting changes to the underlying federal competition law framework and the ongoing refinement of how state government entities are treated under competition rules. The 2025 amendment in particular suggests the Act remains actively maintained and potentially updated to reflect modern regulatory frameworks."},"complexity_factors":["The document provided contains only metadata and administrative information — not the substantive legislative text — making full analysis impossible","The Act sits at the intersection of federal and state law, involving cooperative legislative schemes that require understanding of both levels of government","Three amendments over 30 years (2000, 2011, 2025) create layered version history that must be navigated to understand current obligations","The National Competition Policy framework it implements involves complex economic and regulatory concepts","Administered by the Treasurer, suggesting involvement of financial and commercial regulation across multiple sectors","Score is moderate rather than high because competition policy reform acts of this type are typically short enabling statutes that defer detail to other instruments"],"plain_english_summary":"## Competition Policy Reform (New South Wales) Act 1995\n\n**What is this law?**\nThis is a NSW state law from 1995 that was part of a major national push — the **National Competition Policy (NCP)** reforms — to open up Australian markets and reduce anti-competitive (unfair or monopolistic) behaviour by businesses and governments alike.\n\n**What does it actually do?**\nUnfortunately, the document provided contains only the **administrative metadata** (status information, version history, responsible minister) from the NSW legislation website — not the actual text of the Act itself. Based on what is visible, we can confirm:\n- The Act is still **in force** as of 3 April 2026\n- It has been updated three times: in 2000, 2011, and 2025\n- It is administered by the **NSW Treasurer**\n\n**What would this law typically cover?**\nActs with this title and from this era typically applied federal competition rules (from the *Trade Practices Act 1974*, now the *Competition and Consumer Act 2010*) to NSW government businesses and agencies, which were previously exempt. This meant that NSW government-owned enterprises — like utilities, transport, or infrastructure bodies — had to compete fairly rather than using their government status to crush competitors.\n\n**Who does it affect?**\n- NSW government-owned businesses and corporations\n- Private businesses competing against government enterprises\n- Consumers who benefit from fairer markets\n- Regulators overseeing market conduct\n\n**Why does it matter?**\nIt was a landmark reform that levelled the playing field between private businesses and government-run enterprises, theoretically leading to lower prices and better services for everyday Australians through genuine competition."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The text supplied establishes the Competition Code as New South Wales law, centralises enforcement and administrative processes with Commonwealth bodies and laws, and sets transitional rules. The instrument itself does not show a departure from those stated mechanics; it instead provides the statutory vehicles (commencement, proclamation, modification, conferral and transitional provisions) to implement and manage that interjurisdictional application. No text in this instrument, as provided, indicates an alteration that expands or narrows the Act’s stated operational scope beyond the mechanisms and exceptions set out in the sections cited (notably ss 4–8, 13–16, 19–33, 37, Part 7 and Sch 1)."},"complexity_factors":["Adoption of a federal statutory text (Competition Code) into state law with modifications (s 4–5)","Mechanism for delayed or excluded application of future Commonwealth modifications via proclamation (s 6)","Cross-jurisdictional application and extraterritorial scope with Commonwealth Minister consent required for certain overseas conduct (s 8(2)–(5))","Conferral of Commonwealth enforcement, investigative and administrative functions and the corresponding restriction on state agencies (s 19–20; s 27–28; s 32–33)","Treatment of Code offences as Commonwealth offences for many legal purposes, and interaction with Commonwealth laws (s 24–27)","Application of Commonwealth administrative laws (FOI, Ombudsman, Privacy, administrative review) to Code matters (s 29–33)","Crown application and immunity rules (binding Crown when it carries on business but protecting Crown from pecuniary penalties and prosecution) with specified exclusions for authorities (s 13–16)","Centralisation of fees, penalties and fines to the Commonwealth treasury (s 37)","Transitional provisions preserving or converting existing contracts, authorisations and notifications with multiple cut-off dates and exceptions (Part 7; Sch 1; ss 41–44; Sch 1 cl 2–3)","Regulation and proclamation powers that affect commencement, scope and operation (s 2; s 6; s 38–39)"],"plain_english_summary":"What this law does (mechanics)\n\n- It makes the federal Competition Code text part of New South Wales law by applying the Competition Code text as the Competition Code of New South Wales (s 4, s 5). The Competition Code text is the Schedule version of Part IV of the Trade Practices Act together with other related provisions and regulations of that Commonwealth Act, adapted where necessary (s 4).\n\n- It gives Commonwealth competition bodies and officers (for example, the Australian Competition and Consumer Commission, the Australian Competition Tribunal and the National Competition Council) the functions and powers the Code assigns to them when applied as New South Wales law (s 19–20). When those Commonwealth functions are conferred, state officers cannot perform the same functions (s 28). Commonwealth administrative law (for example, the FOI Act, Ombudsman, Privacy Act, and specified administrative review provisions) applies to matters arising under the Competition Code as if the Code were a Commonwealth law (s 29–33).\n\n- Offences and enforcement tied to the Competition Code are treated as Commonwealth offences for specified purposes (investigation, prosecution, sentencing, appeals, use of proceeds of crime, etc.) so Commonwealth criminal and enforcement provisions apply in New South Wales in relation to those offences (s 24–27). At the same time the Act prevents double punishment if the same conduct has already been dealt with under the Trade Practices Act or another participating jurisdiction’s application law (s 34).\n\n- The Act binds the Crown when it carries on a business, subject to defined exclusions (for example, taxing, licensing, some intra-Crown transactions, or statutory vesting of primary products) (s 13–15). The Crown is not made liable to pecuniary penalty or prosecution by the application law, but authorities of jurisdictions are not protected by that immunity (s 16).\n\n- Money that, under the application law, is payable as fees, taxes, penalties or fines is payable to the Commonwealth (s 37). The Governor may make regulations under this Act and the Act permits regulations authorising particular things under the Trade Practices Act or the Competition Code (s 38–39). The Act contains transitional and savings rules for existing contracts, authorisations, notifications and temporary exemptions (Part 7; Sch 1; ss 41–44, 2–3 of Sch 1).\n\nWhy the law exists (stated purpose) and how that maps to mechanics\n\n- The Act expressly aims to have the Competition Codes of participating jurisdictions administered uniformly, \"in the same way as if those Codes constituted a single law of the Commonwealth\" (s 18). It also contains an express object in s 11 to enable references to the Competition Code to be understood, where appropriate, as referring to the Codes of all participating jurisdictions so they can operate together.\n\n- To realise that uniform administration it: (a) applies the Competition Code text as a NSW law (s 5); (b) subjects Code matters to Commonwealth administrative laws and enforcement procedures (s 24–33); (c) confers powers on Commonwealth agencies and prevents state agencies exercising those same powers where the Commonwealth is given them (s 19, 27–28, 32–33); and (d) centralises revenue from fees and fines to the Commonwealth (s 37).\n\nCosts, incentives, trade-offs and implementation mechanics (source-grounded)\n\n- Who pays: regulated persons and businesses subject to the Competition Code in NSW (persons carrying on business, corporate entities incorporated or registered in NSW, residents, and others connected with NSW) face compliance responsibilities and any fines or pecuniary penalties, but amounts described as fees, taxes, penalties and fines under the application law are payable to the Commonwealth (s 8; s 37). The Crown in right of the State is not liable to pecuniary penalty or prosecution under the application law (s 16(1)–(2)), though authorities are liable.\n\n- Who decides: the Commission, Tribunal and Council (Commonwealth bodies) perform Code functions in NSW when the Code applies (s 19–20). The Commonwealth Minister must consent in writing to use of evidence or applications in NSW-based proceedings that rely on conduct occurring outside Australia in certain Code proceedings (s 8(3)–(5)). The Governor may make regulations under this Act (s 38), and proclamations can postpone commencement or exclude Commonwealth modifications from automatic application (s 2; s 6).\n\n- Behaviour changes and effects on private choice: businesses carrying on activities in NSW are placed under the Competition Code regime (s 8). Existing contracts made before the cut-off date are largely preserved for determining past conduct (s 41), while contracts made after that date can be affected by Part IV of the Code (s 41(2)–(3)). Authorisations and notifications granted under the Commonwealth Act prior to specified dates are treated as if granted under the NSW Competition Code (Sch 1 cl 2–3), reducing transactional disruption for holders of existing approvals.\n\n- Compliance burden and bureaucratic discretion: application of Commonwealth administrative laws and conferral of powers on Commonwealth bodies centralises enforcement and review processes (s 29–33; s 19–20). That centralisation shifts investigative, prosecutorial and review responsibilities toward Commonwealth agencies and their processes (s 24–27; s 32). The Governor’s regulation-making power (s 38), the Commonwealth Minister’s discretion on extraterritorial consent (s 8(5)), and the ability to delay or exclude application of Commonwealth modifications by proclamation (s 6) create formal levers of discretion and timing.\n\n- Trade-offs and opportunity costs: centralised administration and application of Commonwealth administrative and enforcement laws (s 24–33) reduces the need for separate NSW enforcement mechanisms but places enforcement control and revenues (fees/fines) with the Commonwealth (s 37). The Crown’s immunity from pecuniary penalties and prosecution (s 16) preserves fiscal protection for the State but excludes authorities from that protection (s 16(3)), creating uneven exposure between public authorities and private entities.\n\n- Implementation risk and timing: commencement of most provisions is linked to the Commonwealth Competition Policy Reform Act timing and may be postponed by proclamation (s 2). Future Commonwealth modifications to the Competition Code text do not take immediate effect in NSW for at least two months unless a proclamation says otherwise, and modifications can be excluded by proclamation (s 6). Those timing mechanisms mean changes to the national Code can take effect in NSW on differing schedules and introduce coordination risk (s 6).\n\nPotential concentrated benefits or costs (mechanisms, source-based)\n\n- Benefits may concentrate where existing Commonwealth authorisations/notifications are recognised automatically under the NSW Code (Sch 1 cl 2–3), reducing compliance costs for holders of those instruments. The Act also concentrates investigative and prosecutorial authority in Commonwealth agencies (s 19–27), which changes where and how enforcement resources are directed.\n\n- Diffuse costs fall on the wide category of persons carrying on business in NSW because the Code applies broadly (s 8). The transfer of collected fees, penalties and fines to the Commonwealth (s 37) shifts a revenue stream away from the State.\n\nWhat the law does not do (source-limited)\n\n- It does not make the Crown in any capacity criminally or financially liable under the application law (s 16(1)–(2)), subject to the stated qualifications.\n\n- It does not itself prescribe the detailed competition offences, authorisation tests or remedies — those are in the Competition Code text adopted by the Act (s 4–5).\n\nKey transitional and saving points to note (practical implications)\n\n- Existing contracts made before the cut-off date are to be disregarded for assessing breaches of Part IV after the operative date (s 41). Part IV can, however, make unenforceable provisions of contracts made on or after the cut-off date (s 41(2)–(3)).\n\n- Temporary exemption from pecuniary penalties applies to conduct within two years after the Commonwealth Act received Royal Assent (s 43). Existing Commonwealth authorisations and notifications in force on 21 July 1996 are taken to have corresponding effect under the NSW Competition Code (Sch 1 cl 2–3).\n\nPrimary sections to consult for implementation or compliance: sections 4–8 (what is applied and to whom), 13–16 (Crown application and immunity), 19–33 (conferral of powers and administrative law), 34–37 (liability coordination and fees), and Part 7 + Schedule 1 (transitional rules and recognition of existing authorisations/notifications)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act continues to operate within its original 1995 purpose of applying the Competition Code as a law of New South Wales to achieve national uniformity following the Hilmer Report; later amendments have updated administrative law references (e.g. to the Administrative Review Tribunal Act 2024) and added savings provisions but have not expanded the core subject matter or jurisdictional reach."},"complexity_factors":["Over 20 densely cross-referenced defined terms in s 3, many of which incorporate the Trade Practices Act by reference","Nested conditional logic in ss 6, 8, 15 and 16 regarding modifications, extra-territorial conduct, Crown activities and ministerial consents","Multiple layers of application provisions that treat the Code as both Commonwealth and State law simultaneously (Parts 2, 4 and 5)","Repealed and substituted divisions (e.g. pt 5 div 3, updates to s 29 and insertion of s 33A in 2000 and 2025)","Inter-jurisdictional citation rules in Part 3 and savings/transitional overlays in Part 7 plus Schedule 1 that interact with the Interpretation Act 1987 (NSW)"],"plain_english_summary":"**This Act applies uniform national competition rules to everyone doing business in New South Wales.**\n\nIt takes the core anti-competitive conduct rules from Commonwealth law (originally the Trade Practices Act 1974, now the Competition and Consumer Act 2010) and makes them state law through the \"Competition Code\". This covers bans on cartels, misuse of market power, exclusive dealing, resale price maintenance and other restrictive trade practices.\n\nThe law ensures the same rules apply to individuals, partnerships and unincorporated bodies as well as companies. Federal agencies like the Australian Competition and Consumer Commission (ACCC), the Australian Competition Tribunal and the National Competition Council handle enforcement, investigations and authorisations for the whole country as if it were one national law.\n\nIt also sets rules on how the Code applies to government bodies when they run businesses, protects the Crown from fines, coordinates administration across all states and territories, and includes transitional arrangements for contracts that existed before the rules started in the mid-1990s.\n\nIt matters because it creates one consistent set of competition rules across Australia, removes differences between state and federal law, and gives smaller businesses and consumers the same protections everywhere."}},"importantCases":[],"_links":{"self":"/api/acts/competition-policy-reform-new-south-wales-act-1995","history":"/api/acts/competition-policy-reform-new-south-wales-act-1995/history","analysis":"/api/acts/competition-policy-reform-new-south-wales-act-1995/analysis","conflicts":"/api/acts/competition-policy-reform-new-south-wales-act-1995/conflicts","importantCases":"/api/acts/competition-policy-reform-new-south-wales-act-1995/important-cases","documents":"/api/acts/competition-policy-reform-new-south-wales-act-1995/documents"}}