{"id":"competition-policy-reform-south-australia-act-1996","name":"Competition Policy Reform (South Australia) Act 1996","slug":"competition-policy-reform-south-australia-act-1996","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31803,"registerId":"sa-competition-policy-reform-south-australia-act-1996-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition Policy Reform (South Australia) Act 1996","content":"South Australia\nCompetition Policy Reform (South Australia) Act 1996\nAn Act to apply certain laws of the Commonwealth relating to competition policy as laws of South Australia and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—The Competition Code\n4\tThe Competition Code text\n5\tApplication of Competition Code\n6\tFuture modifications of Competition Code text\n7\tInterpretation of Competition Code\n8\tApplication of Competition Code\n9\tSpecial provisions\nPart 3—Citing the Competition Codes\n10\tCiting of Competition Code\n11\tReferences to Competition Code\n12\tReferences to Competition Codes of other jurisdictions\nPart 4—Application of Competition Codes to Crown\n13\tApplication law of this jurisdiction\n14\tApplication law of other jurisdictions\n15\tActivities that are not business\n16\tCrown not liable to pecuniary penalty or prosecution\n17\tThis Part overrides the prerogative\nPart 5—National administration and enforcement of Competition Codes\nDivision 1—Preliminary\n18\tObject\nDivision 2—Conferral of functions\n19\tConferral of functions and powers on certain bodies\n20\tConferral of other functions and powers for purposes of law in this jurisdiction\nDivision 4—Offences\n24\tObject\n25\tApplication of Commonwealth laws to offences against Competition Code of this jurisdiction\n26\tApplication of Commonwealth laws to offences against Competition Codes of other jurisdictions\n27\tFunctions and powers conferred on Commonwealth officers and authorities\n28\tRestriction of functions and powers of officers and authorities of this jurisdiction\nDivision 5—Administrative law\n29\tDefinition\n30\tApplication of Commonwealth administrative laws to Competition Code of this jurisdiction\n31\tApplication of Commonwealth administrative laws to Competition Codes of other jurisdictions\n32\tFunctions and powers conferred on Commonwealth officers and authorities\n33\tRestriction of functions and powers of officers and authorities of this jurisdiction\n33A\tConstruction of references to Part 7 of Administrative Review Tribunal Act (Cwth)\nPart 6—Miscellaneous\n34\tNo doubling-up of liabilities\n35\tThings done for multiple purposes\n36\tReference in Commonwealth law to a provision of another law\n37\tFees and other money\n38\tRegulations\n39\tRegulations for exemptions under section 51 of Trade Practices Act or Code\nPart 7—Transitional rules\n40\tDefinitions\n41\tExisting contracts\n42\tSection 51 exceptions\n43\tTemporary exemption from pecuniary penalties\n44\tAdvance authorisations\n45\tRegulations relating to savings and transitional matters\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Competition Policy Reform (South Australia) Act 1996.\n2—Commencement\n\t(1)\tParts 1 and 7 commence on the date of assent to this Act.\n\t(2)\tThe 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 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\t(3)\tThe 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.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\napplication law means—\n\t(a)\ta law of a participating jurisdiction that applies the Competition Code, either with or without modifications, as a law of the participating jurisdiction; or\n\t(b)\tany regulations or other legislative instrument made under a law described in paragraph (a); or\n\t(c)\tthe Competition Code, applying as a law of the participating jurisdiction, either with or without modifications;\nCommission 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;\nCompetition Code means (according to the context)—\n\t(a)\tthe Competition Code text; or\n\t(b)\tthe Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications;\nCompetition Code text means the text described in section 4;\nConduct 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;\nCouncil means the National Competition Council established by section 29A of the Trade Practices Act;\nInstrument means any document whatever, including—\n\t(a)\tan Act or an instrument made under an Act; or\n\t(b)\ta law of this jurisdiction or an instrument made under such a law; or\n\t(c)\tan award or other industrial determination or order, or an industrial agreement; or\n\t(d)\tany other order (whether executive, judicial or otherwise); or\n\t(e)\ta notice, certificate or licence; or\n\t(f)\tan agreement; or\n\t(g)\tan application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or\n\t(h)\tan indictment, presentment, summons or writ; or\n\t(i)\tany other pleading in, or process issued in connection with, a legal or other proceeding;\njurisdiction means a State;\nlaw, in relation to a Territory, means a law of, or in force in, that Territory;\nmodifications includes additions, omissions and substitutions;\nmonth 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;\nofficer, in relation to the Commonwealth, has the meaning given in Part XIA of the Trade Practices Act;\nparticipating 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;\nproclamation means a proclamation of the Governor published in the Government Gazette of this jurisdiction;\nSchedule version of Part IV means the text that is set out in Part 1 of the Schedule to the Trade Practices Act;\nState includes a Territory;\nTerritory means the Australian Capital Territory or the Northern Territory of Australia;\nthis jurisdiction means South Australia;\nTrade Practices Act means the Trade Practices Act 1974 of the Commonwealth;\nTribunal 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\t(2)\tIf 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\t(3)\tIn this Act, a reference to a Commonwealth Act includes a reference to—\n\t(a)\tthat Commonwealth Act as amended and in force for the time being; and\n\t(b)\tan Act enacted in substitution for that Act.\nPart 2—The Competition Code\n4—The Competition Code text\n\t(1)\tThe Competition Code text consists of—\n\t(a)\tthe Schedule version of Part IV; and\n\t(b)\tthe 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\t(c)\tthe regulations under the Trade Practices Act, so far as they relate to any provisions covered by paragraph (a) or (b).\n\t(2)\tFor the purpose of forming part of the Competition Code text—\n\t(a)\tthe 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\t(b)\tin particular, references to corporations are to include references to persons who are not corporations.\n5—Application of Competition Code\n\t(1)\tThe Competition Code text, as in force for the time being, applies as a law of South Australia.\n\t(2)\tThis section has effect subject to section 6.\n6—Future modifications of Competition Code text\n\t(1)\tA modification made by a Commonwealth law to the Competition Code text after the commencement of this section applies as a law of South Australia (unless excluded under subsection (3)) as from the date the modification takes effect under Commonwealth law or 2 months after the date of the modification (whichever is the later).\n\t(2)\tHowever, the Governor may, by proclamation, fix an earlier date for the commencement of the modification as a law of South Australia but the date so fixed cannot be earlier than—\n\t(a)\tthe date of publication of the proclamation in the Gazette; or\n\t(b)\tthe date the modification takes effect under Commonwealth law.\n\t(3)\tThe Governor may, by proclamation published within 2 months after the date of a modification to the Competition Code text, exclude the modification from applying as a law of South Australia.\n\t(4)\tThe Governor may, by a later proclamation, revoke the exclusion and, in that event, the modification takes effect as a law of South Australia on the date of that later proclamation or on a later day fixed in that proclamation.\n\t(5)\tFor 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.\n7—Interpretation of Competition Code\n\t(1)\tThe Acts Interpretation Act 1901 of the Commonwealth applies as a law of this jurisdiction to—\n\t(a)\tthe Competition Code of this jurisdiction; and\n\t(b)\tany instrument under that Code.\n\t(2)\tFor the purposes of subsection (1), the Commonwealth Act mentioned in that subsection applies as if—\n\t(a)\tthe statutory provisions in the Competition Code of this jurisdiction were a Commonwealth Act; and\n\t(b)\tthe regulations in the Competition Code of this jurisdiction or instruments mentioned in that subsection were regulations or instruments under a Commonwealth Act.\n\t(3)\tThe Acts Interpretation Act 1915 does not apply to—\n\t(a)\tthe Competition Code of South Australia; or\n\t(b)\tany instrument under that Code.\n8—Application of Competition Code\n\t(1)\tThe Competition Code of this jurisdiction applies to and in relation to—\n\t(a)\tpersons carrying on business within this jurisdiction; or\n\t(b)\tbodies corporate incorporated or registered under the law of this jurisdiction; or\n\t(c)\tpersons ordinarily resident in this jurisdiction; or\n\t(d)\tpersons otherwise connected with this jurisdiction.\n\t(2)\tSubject 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\t(3)\tWhere 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\t(4)\tA 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\t(5)\tThe 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\t(a)\tthe law of the country in which the conduct concerned was engaged in required or specifically authorised the engaging in of the conduct; and\n\t(b)\tit is not in the national interest that the consent be given.\n\t(6)\tIn this section—\nCommonwealth Minister means a Minister of State for the Commonwealth administering Part IV of the Trade Practices Act.\n9—Special provisions\nThe 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.\nPart 3—Citing the Competition Codes\n10—Citing of Competition Code\nThe Competition Code text applying as a law of this jurisdiction may be cited as the Competition Code of South Australia.\n11—References to Competition Code\n\t(1)\tThe 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\t(2)\tA reference in any instrument to the Competition Code is a reference to the Competition Codes of any or all of the participating jurisdictions.\n\t(3)\tSubsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.\n12—References to Competition Codes of other jurisdictions\n\t(1)\tThis 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\t(2)\tIf 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.\nPart 4—Application of Competition Codes to Crown\n13—Application law of this jurisdiction\nThe 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.\n14—Application law of other jurisdictions\nThe 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.\n15—Activities that are not business\n\t(1)\tFor the purposes of sections 13 and 14, the following do not amount to carrying on a business:\n\t(a)\timposing or collecting—\n\t(i)\ttaxes; or\n\t(ii)\tlevies; or\n\t(iii)\tfees for licences;\n\t(b)\tgranting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions);\n\t(c)\ta transaction involving—\n\t(i)\tonly persons who are all acting for the Crown in the same right (and none of whom is an authority of a State); or\n\t(ii)\tonly persons who are all acting for the same authority of a State; or\n\t(iii)\tonly the Crown in right of a State and one or more non-commercial authorities of that State; or\n\t(iv)\tonly non-commercial authorities of the same State;\n\t(d)\tthe acquisition of primary products by a government body under legislation, unless the acquisition occurs because—\n\t(i)\tthe body chooses to acquire the products; or\n\t(ii)\tthe body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.\n\t(2)\tSubsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14.\n\t(3)\tIn this section—\nacquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation;\ngovernment body means a State or an authority of a State;\nlicence means a licence that allows a licensee to supply goods or services;\nprimary products means—\n\t(a)\tagricultural or horticultural produce; or\n\t(b)\tcrops, whether on or attached to the land or not; or\n\t(c)\tanimals (whether dead or alive); or\n\t(d)\tthe bodily produce (including natural increase) of animals.\n\t(4)\tFor the purposes of this section, an authority of a State is non-commercial if—\n\t(a)\tit is constituted by only one person; and\n\t(b)\tit is neither a trading corporation nor a financial corporation.\n16—Crown not liable to pecuniary penalty or prosecution\n\t(1)\tNothing 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\t(2)\tWithout 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\t(3)\tThe protection in subsection (1) or (2) does not apply to an authority of any jurisdiction.\n17—This Part overrides the prerogative\nIf, 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.\nPart 5—National administration and enforcement of Competition Codes\nDivision 1—Preliminary\n18—Object\nThe 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.\nDivision 2—Conferral of functions\n19—Conferral of functions and powers on certain bodies\n\t(1)\tThe 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\t(2)\tIn 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.\n20—Conferral of other functions and powers for purposes of law in this jurisdiction\nThe 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.\nDivision 4—Offences\n24—Object\n\t(1)\tThe object of this Division is to further the object of this Part by providing—\n\t(a)\tfor 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\t(b)\tfor 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\t(2)\tThe purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation)—\n\t(a)\tthe investigation and prosecution of offences; and\n\t(b)\tthe arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and\n\t(c)\tproceedings relating to a matter referred to in paragraph (a) or (b); and\n\t(d)\tappeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and\n\t(e)\tthe sentencing, punishment and release of persons convicted of offences; and\n\t(f)\tfines, penalties and forfeitures; and\n\t(g)\tliability to make reparation in connection with offences; and\n\t(h)\tproceeds of crime; and\n\t(i)\tspent convictions.\n25—Application of Commonwealth laws to offences against Competition Code of this jurisdiction\n\t(1)\tThe 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\t(2)\tFor the purposes of a law of this jurisdiction, an offence against the Competition Code of this jurisdiction—\n\t(a)\tis 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\t(b)\tis taken not to be an offence against the laws of this jurisdiction.\n\t(3)\tSubsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.\n26—Application of Commonwealth laws to offences against Competition Codes of other jurisdictions\n\t(1)\tThe 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\t(2)\tFor the purposes of a law of this jurisdiction, an offence against the Competition Code of another participating jurisdiction—\n\t(a)\tis 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\t(b)\tis taken not to be an offence against the laws of that jurisdiction.\n\t(3)\tSubsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.\n\t(4)\tThis section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.\n27—Functions and powers conferred on Commonwealth officers and authorities\n\t(1)\tA 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\t(2)\tA 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\t(3)\tThe function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.\n\t(4)\tIn 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.\n28—Restriction of functions and powers of officers and authorities of this jurisdiction\nWhere, 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.\nDivision 5—Administrative law\n29—Definition\nIn this Division—\nCommonwealth administrative laws means—\n\t(a)\tthe following Acts:\n\t(i)\tthe Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7);\n\t(iii)\tthe Freedom of Information Act 1982 of the Commonwealth;\n\t(iv)\tthe Ombudsman Act 1976 of the Commonwealth;\n\t(v)\tthe Privacy Act 1988 of the Commonwealth; and\n\t(b)\tthe regulations in force under those Acts.\n30—Application of Commonwealth administrative laws to Competition Code of this jurisdiction\n\t(1)\tThe 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\t(2)\tFor the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of this jurisdiction—\n\t(a)\tis 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\t(b)\tis taken not to be a matter arising in relation to laws of this jurisdiction.\n\t(3)\tSubsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.\n31—Application of Commonwealth administrative laws to Competition Codes of other jurisdictions\n\t(1)\tThe 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\t(2)\tFor the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of another participating jurisdiction—\n\t(a)\tis 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\t(b)\tis taken not to be a matter arising in relation to laws of that jurisdiction.\n\t(3)\tSubsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.\n\t(4)\tThis section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.\n32—Functions and powers conferred on Commonwealth officers and authorities\n\t(1)\tA 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\t(2)\tA 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\t(3)\tThe function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.\n\t(4)\tIn 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.\n33—Restriction of functions and powers of officers and authorities of this jurisdiction\nWhere, 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.\n33A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth)\nFor the purposes of sections 30 and 31, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.\nPart 6—Miscellaneous\n34—No doubling-up of liabilities\n\t(1)\tIf—\n\t(a)\tan 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\t(b)\tthe offender has been punished for the offence under the Trade Practices Act or the application law of the other jurisdiction,\nthe offender is not liable to be punished for the offence against the Competition Code of this jurisdiction.\n\t(2)\tIf 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.\n35—Things done for multiple purposes\nThe 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.\n36—Reference in Commonwealth law to a provision of another law\nFor 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.\n37—Fees and other money\n\t(1)\tAll 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\t(2)\tSubsection (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\t(3)\tThis subsection imposes the fees (including fees that are taxes) that the regulations in the Competition Code of this jurisdiction prescribe.\n38—Regulations\nThe 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.\n39—Regulations for exemptions under section 51 of Trade Practices Act or Code\nWithout 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.\nPart 7—Transitional rules\n40—Definitions\nIn this Part—\nCode means the Competition Code of this jurisdiction;\ncut-off date means 19 August 1994;\nexisting contract means a contract that was made before the operative date;\noperative date means the date of commencement of Parts 2–6 of this Act.\n41—Existing contracts\n\t(1)\tFor the purposes of deciding whether a person has contravened Part IV of the Code at any time after the operative date—\n\t(a)\texisting contracts made before the cut-off date, and things done to give effect to those contracts, are to be disregarded; and\n\t(b)\tif 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\t(c)\tregard 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\t(2)\tPart 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\t(3)\tPart IV of the Code can make unenforceable a provision of an existing contract made on or after the cut-off date.\n42—Section 51 exceptions\n\t(1)\tThis 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 of the Commonwealth received the Royal Assent.\n\t(2)\tIn 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 of the Commonwealth.\n43—Temporary exemption from pecuniary penalties\n\t(1)\tA 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 of the Commonwealth received the Royal Assent.\n\t(2)\tIf 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.\n44—Advance authorisations\nFrom the commencement of this section—\n\t(a)\tan authorisation may be applied for and granted under the Code; and\n\t(b)\ta notice may be given under section 93 of the Code,\nas if the whole of this Act commenced at the same time as this section.\n45—Regulations relating to savings and transitional matters\n\t(1)\tThe regulations under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act.\n\t(2)\tAny such savings or transitional provision may, if the regulations so provide, take effect retrospectively.\n\t(3)\tTo 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\t(a)\tto affect, in a manner prejudicial to any person (other than this State or an authority of this State), the rights of that person existing before the date of its publication or notification; or\n\t(b)\tto impose liabilities on any person (other than this State or an authority of this State) in respect of anything done or omitted to be done before the date of its publication or notification.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1996\n42\nCompetition Policy Reform (South Australia) Act 1996\n20.6.1996\n20.6.1996 except Pts 2—6—21.7.1996: s 2\n1999\n48\nFederal Courts (State Jurisdiction) Act 1999\n12.8.1999\n19.8.1999 (Gazette 19.8.1999 p882)\n1999\n53\nNew Tax System Price Exploitation Code (South Australia) Act 1999\n12.8.1999\n10.12.1999 (Gazette 9.12.1999 p3114)\n2000\n74\nStatutes Amendment (Federal Courts—State Jurisdiction) Act 2000\n14.12.2000\nPt 3 (ss 9—11)—28.1.2001 (Gazette 25.1.2001 p301)\n2025\n54\nStatutes Amendment (Administrative Review Tribunal) Act 2025\n20.11.2025\nPt 4 (ss 7 & 8)—20.11.2025: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 3\n\n\ns 3(1)\n\n\nSchedule version of Part IV\namended by 53/1999 Sch para (a)\n10.12.1999\nPt 2\n\n\ns 6\n\n\ns 6(1)—(4)\nsubstituted by 53/1999 Sch para (b)\n10.12.1999\nPt 5\n\n\nPt 5 Div 3\namended by 48/1999 Sch\n19.8.1999\n\ndeleted by 74/2000 s 9\n28.1.2001\nPt 5 Div 5\n\n\ns 29\n\n\nCommonwealth administrative laws\namended by 74/2000 s 10(a)\n28.1.2001\n\n(a)(ii) deleted by 74/2000 s 10(b)\n28.1.2001\n\namended by 54/2025 s 7\n20.11.2025\ns 33A\ninserted by 74/2000 s 11\n28.1.2001\n\nsubstituted by 54/2025 s 8\n20.11.2025\nHistorical versions\nReprint No 1—19.8.1999\n\nReprint No 2—10.12.1999\n\nReprint No 3—28.1.2001\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s foundational scope — to adopt the Commonwealth Competition Code as a law of South Australia and to secure uniform national administration (ss 4–5, 18) — remains, but later amendments have changed how that framework operates. The legislative history shows multiple post‑enactment variations: section 6 was substituted (1999 Sch) altering the mechanics and timing for applying future Commonwealth modifications (s 6 as substituted); Division 5’s list of Commonwealth administrative laws in s 29 was amended (2000 and later), and s 33A was inserted and subsequently substituted (2001; 2025) to clarify construction of references to the Administrative Review Tribunal Act. These amendments adjusted which Commonwealth administrative instruments apply and clarified procedural construction (see 'Provisions amended' and the entries for s 6, s 29 and s 33A in the legislative history). As a result, the operational scope — especially the administrative‑law mapping and the mechanism for applying future Commonwealth changes — has been modified from the original 1996 text, though the Act’s central objective to apply the Competition Code in South Australia remains."},"complexity_factors":["Extensive incorporation and cross‑referencing to Commonwealth legislation (Trade Practices Act, Schedule version of Part IV, regulations) (ss 4–5, 36)","Automatic application of future Commonwealth modifications with limited state exclusion via proclamation (s 6)","Conferral of Commonwealth enforcement and administrative powers to operate in South Australia, and corresponding removal of state functions where conferred (ss 19–20, 25–28, 30–33)","Dual treatment of Code matters as if they were Commonwealth offences and Commonwealth administrative matters, with attendant criminal, procedural and review consequences (ss 24–31)","Extraterritorial scope (conduct occurring partly or wholly outside the State) and special consent rules for relying on overseas conduct in proceedings (s 8(2)–(5))","Crown bindings and exemptions: Crown bound when conducting business but Crown immunity from pecuniary penalties and prosecution (ss 13–16) creating layered liability rules","Regulatory discretion scattered across multiple actors (Governor, Commonwealth Minister, Commonwealth agencies) and use of regulations to prescribe exceptions (ss 6, 8(5), 37–39)","Transitional rules that distinguish conduct and contracts by date and create temporary exemptions (Part 7, ss 41–44)","Practical interplay between state regulations and Commonwealth administrative laws list (s 29 as amended), which has been altered through later amendments (legislative history)"],"plain_english_summary":"What this Act does (mechanics)\n\n- The Act makes the Commonwealth Competition Code — essentially the Part IV text of the Trade Practices Act together with related Commonwealth provisions and regulations — operate as a law of South Australia (ss 4–5).  The Code as in force for the time being applies in South Australia, subject to limited state proclamations (s 6).\n\n- It treats offences and administrative matters under that Competition Code as if they were Commonwealth offences and Commonwealth administrative matters for the purposes of investigation, prosecution, arrest, trial, sentencing, review, freedom-of-information and similar processes (Divisions 4 and 5; see ss 24–31).\n\n- Commonwealth bodies named in the Code (for example, the Australian Competition and Consumer Commission, the Australian Competition Tribunal and the National Competition Council) are given the functions and powers that the Code attaches to them and may exercise those functions in South Australia (ss 19–20, 27, 32). Where a Commonwealth officer or authority has a function because of the Act, a corresponding South Australian officer or authority is not to perform that same function (ss 27(4), 28, 33).\n\n- The Competition Code of South Australia applies to persons carrying on business in South Australia, corporations incorporated or registered in South Australia, residents of South Australia and others connected with the State; it also extends to conduct occurring partly or wholly outside the State (s 8). Reliance on conduct occurring outside Australia in private proceedings is limited: consent of the Commonwealth Minister is required in many cases (s 8(3)–(5)).\n\n- The Crown is bound by the application law of this jurisdiction to the extent it carries on a business, but the Crown in any capacity is not made liable to pecuniary penalties or to prosecution (ss 13–16). Authorities that are not the Crown (authorities of a jurisdiction) do not get the Crown’s protection (s 16(3)).\n\n- Money that under the application law is authorised or directed to be payable (fees, penalties, taxes) is payable to the Commonwealth (s 37). The Governor may make regulations to implement the Act and may make regulations specifically authorising acts under section 51 exemptions (ss 38–39).\n\n- Transitional rules deal with existing contracts (Part 7, esp. ss 41–44), give temporary exemptions from pecuniary penalties for an initial transitional period (s 43) and permit advance authorisations under the Code (s 44).\n\nStated purpose and how the Act advances it\n\n- The Act’s stated object in Part 5 is to ensure that the Competition Codes of the participating jurisdictions are administered uniformly, as if they formed a single Commonwealth law (s 18). Mechanically, it advances that object by: (a) incorporating the Competition Code text into South Australian law (ss 4–5), (b) conferring powers on Commonwealth regulators to act in South Australia (ss 19–20, 27, 32), and (c) applying Commonwealth criminal and administrative law machinery to Code matters (ss 24–31).\n\nWho pays, who decides, and what changes in behaviour\n\n- Who pays: Persons and businesses found liable under the application law must pay fees, penalties and other amounts authorised by that law; those amounts are payable to the Commonwealth (s 37). A person punished or ordered under the Trade Practices Act (or another participating jurisdiction’s application law) is not to be punished again under the South Australian Code for the same conduct (s 34).\n\n- Who decides: The Governor of South Australia has structured discretion to postpone or exclude future Commonwealth modifications from applying in South Australia (s 6). The Commonwealth Minister may withhold consent for reliance on conduct outside Australia in private proceedings (s 8(3)–(5)). Commonwealth regulators exercise investigative, prosecutorial and administrative-review functions in respect of Code matters in South Australia (ss 19, 25–27, 30–32). The Governor may make regulations to give effect to the Act (s 38), including regulations that implement exemptions (s 39).\n\n- Behaviour changes expected by design: Businesses carrying on in South Australia are subject to a national Competition Code (s 8(1)). They will, therefore, be subject to enforcement and administrative procedures that are run under Commonwealth law and by Commonwealth agencies (ss 24–31). State government agencies that ‘carry on a business’ are subject to the Code (s 13), but the Crown in right of the State is protected from pecuniary penalties and prosecution (s 16); that alters the risk profile for private firms contracting with government entities.\n\nTesting the stated rationale against practical trade-offs (source-grounded)\n\n- Centralisation v discretion: The Act centralises enforcement and review under Commonwealth laws and agencies (ss 19, 25–31). That reduces fragmentation of enforcement across jurisdictions (s 18) but shifts decision-making authority from state officers to Commonwealth officers (ss 27(4), 28, 33). The Act therefore replaces some state-level discretion with Commonwealth-level decision-making; the Governor’s powers to exclude future Commonwealth modifications (s 6) and the Commonwealth Minister’s consent power for extraterritorial reliance (s 8(3)–(5)) are retained as counterweights.\n\n- Compliance cost and reach: Because the Code extends to conduct partly or wholly outside the State and to persons connected with the State (s 8(2)), businesses with interstate or international activity may face broader exposure to the Code. Transitional provisions moderate this exposure for older contracts and for a defined initial period (ss 41–44).\n\n- Fiscal effects and incentives: The Act directs fees, penalties and other money authorised under the application law to the Commonwealth (s 37). That is a concrete fiscal consequence: monetary enforcement receipts from application of the Code in South Australia flow to the Commonwealth.\n\n- Crown treatment and market effects: The Crown is generally bound when it carries on a business (s 13), but the Crown itself is protected from pecuniary penalties and prosecution in the Crown capacity (s 16). The combination means government trading activity is subject to the Code’s rules but the State is insulated from some direct financial sanctions, affecting relative incentives for private parties when contracting or competing with State authorities.\n\n- Implementation risks and regulation timing: Future Commonwealth amendments to the Competition Code text apply in South Australia automatically unless excluded by proclamation (s 6). The Governor’s power to postpone or exclude a modification (s 6(2)–(4)) introduces an implementation timing mechanism; the reliance on proclamations and on regulations made by both Commonwealth and State (ss 6, 38, 39) adds steps where timing and publication can affect when new rules actually bind businesses.\n\nKey citations (select): ss 4–6, 7–8, 13–17, 18–20, 24–33, 34, 37–39, Part 7 (ss 40–45)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. Based on the Act's title and historical context, it was likely consistent with the standardised national competition policy reform template adopted by all Australian states and territories in the mid-1990s, suggesting scope probably remained aligned with its original intent."},"complexity_factors":["Legislation text was completely unavailable due to a broken/redirected URL following a SA legislation website restructure in March 2026","Only the Act's title and general historical context could be used for analysis","No provisions, schedules, definitions, or operative clauses were accessible for review","Complexity score reflects the limitation of the available content, not the likely complexity of the Act itself — which, based on similar state competition reform Acts of the era, would likely score 6-7"],"plain_english_summary":"## Competition Policy Reform (South Australia) Act 1996\n\n**⚠️ Content Unavailable**\n\nThe actual text of this South Australian legislation could not be retrieved — the source website returned a 'Page Not Found' error, likely due to a website restructure in March 2026.\n\n**What we know from the title alone:**\n\nThis Act was part of a **national competition policy reform wave** that swept Australia in the mid-1990s. Following the landmark *Hilmer Report* (1993), all Australian states and territories passed legislation to implement the *Competition Principles Agreement* — a deal struck between the Commonwealth and the states to open up markets, reduce anti-competitive (unfair market-restricting) practices, and apply competition law more broadly across the economy.\n\n**Who would it have affected?**\n- South Australian businesses and industries\n- Government-owned enterprises (businesses run by the SA government)\n- Professionals and tradespeople in licensed occupations\n- Consumers benefiting from increased market competition\n\n**Why it mattered:**\nIt would have extended national competition rules (such as those in the *Trade Practices Act 1974*) to cover conduct by state government businesses and other entities previously exempt from those rules.\n\n*A full analysis cannot be completed without access to the actual legislative text.*"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of applying Commonwealth competition law as state law. While it has been amended over time (notably to update references to federal courts and administrative review bodies), these are maintenance amendments keeping the machinery functional rather than expanding the substantive scope. The core mechanism—adopting the Competition Code text and enabling national administration—remains unchanged from 1996."},"complexity_factors":["Extensive cross-referencing to Commonwealth legislation (Trade Practices Act 1974, Acts Interpretation Act 1901, and multiple administrative law statutes)","Dual-application mechanism where Commonwealth laws apply 'as if' they were state laws, creating complex jurisdictional overlays","Nested definitions with 15+ defined terms in section 3 alone, including recursive definitions (e.g., 'Competition Code' defined differently based on context)","Temporal complexity with multiple commencement dates, modification timelines (section 6), and transitional provisions spanning years","Crown immunity provisions with multiple exceptions and carve-outs (Part 4), including distinctions between 'commercial' and 'non-commercial' authorities","Extraterritorial application rules (section 8) requiring Commonwealth Minister consent for overseas conduct claims","Mirror-image provisions for 'this jurisdiction' vs 'other participating jurisdictions' creating parallel but slightly different rules (sections 25-26, 30-31)","Functional conferral on Commonwealth officers that restricts state officer powers (sections 28, 33)","Legislative history showing multiple amendments updating cross-references (notably 2025 amendment updating from Administrative Appeals Tribunal to Administrative Review Tribunal)"],"plain_english_summary":"This South Australian law brings Commonwealth competition rules into the state's legal system. It essentially copies the federal Trade Practices Act (specifically the parts about anti-competitive behaviour) and makes them apply in South Australia—not just to big corporations, but to all businesses and individuals.\n\n**What it does:**\n- **Adopts the 'Competition Code'**: This is essentially the federal competition law (Part IV of the Trade Practices Act) repackaged as South Australian law. It covers things like price-fixing, market monopolies, and other anti-competitive conduct.\n- **Expands who the law covers**: Unlike the federal law which mainly applies to corporations, this state version applies to everyone—sole traders, partnerships, individuals, and government bodies carrying on business.\n- **Creates a national system**: The law is designed to work identically across all states and territories that sign up, so businesses face the same competition rules nationwide.\n- **Lets federal bodies enforce it**: The Australian Competition and Consumer Commission (ACCC) and the Australian Competition Tribunal can investigate and take action under this South Australian law, not just federal police or courts.\n- **Protects the Crown (government)**: Government bodies are bound by competition law when they run businesses, but they can't be fined or prosecuted—though their commercial authorities can be.\n\n**Who it affects:**\n- Any business operating in South Australia\n- People living in or connected to South Australia\n- Government bodies that run commercial operations\n- Anyone involved in contracts or conduct that might restrict competition\n\n**Why it matters:**\nBefore this law, South Australia had gaps in its competition laws—small businesses and individuals could potentially engage in price-fixing or market manipulation without falling under federal rules. This 'picks up' the federal law and applies it locally, ensuring fair competition across the entire economy. It also means businesses only need to understand one set of competition rules that apply consistently across participating states."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/competition-policy-reform-south-australia-act-1996","history":"/api/acts/competition-policy-reform-south-australia-act-1996/history","analysis":"/api/acts/competition-policy-reform-south-australia-act-1996/analysis","conflicts":"/api/acts/competition-policy-reform-south-australia-act-1996/conflicts","importantCases":"/api/acts/competition-policy-reform-south-australia-act-1996/important-cases","documents":"/api/acts/competition-policy-reform-south-australia-act-1996/documents"}}