{"id":"tas:act-1996-011","name":"Competition Policy Reform (Tasmania) Act 1996","slug":"competition-policy-reform-tasmania-act-1996","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"11 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106050,"registerId":"tas-act-1996-011-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","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Competition Policy Reform (Tasmania) Act 1996](/view/html/inforce/2026-04-12/act-1996-011) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  [Parts 1](#HP1@EN) and [7](#HP7@EN) commence on the day on which this Act receives the Royal Assent.\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* of the Commonwealth received the Royal Assent, but, if the commencement of those provisions is postponed under [subsection (3)](#GS2@Gs3@EN) , 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)](#GS2@Gs2@EN) 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":"Interpretation","content":"### 3 Interpretation\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)](#GS3@Gs1@Nd1@Hpa@EN) ; 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](#GS4@EN) ;\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 or notified in the *Gazette* of this jurisdiction;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 81 of 1999, s. 38, Applied:10 Dec 1999\\]*](/view/html/inforce/1999-12-10/act-1999-081#GS38@EN) ***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 Tasmania;\n> > \n> > > ***Trade Practices Act*** means the *Trade Practices Act 1974* 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.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Competition Code","content":"# Part 2 The Competition Code","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"The Competition Code text","content":"### 4 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)](#GS4@Gs1@Hpa@EN) or [(b)](#GS4@Gs1@Hpb@EN) .\n> \n> > (2)  For the purpose of forming part of the Competition Code text –\n> > \n> > > > (a) the provisions referred to in [subsection (1)](#GS4@Gs1@EN) [(b)](#GS4@Gs1@Hpb@EN) and [(c)](#GS4@Gs1@Hpc@EN) 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 text","content":"### 5 Application of Competition Code text\n\n> > (1)  The Competition Code text, as in force for the time being, applies as a law of Tasmania.\n> \n> > (2)  This section has effect subject to [section 6](#GS6@EN) .","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Future modifications of Competition Code text","content":"### 6 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](#GS5@EN) 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)](#GS6@Gs1@EN) [(a)](#GS6@Gs1@Hpa@EN)  –\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)](#GS6@Gs1@EN) [(b)](#GS6@Gs1@Hpb@EN) has effect only if published or notified before the end of 2 months after the date of the modification.\n> \n> > (4)  [Subsection (1)](#GS6@Gs1@EN) [(b)](#GS6@Gs1@Hpb@EN) 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\n> > (1)  The *Acts Interpretation Act 1901* 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)](#GS7@Gs1@EN) , 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 [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) does not apply to –\n> > \n> > > > (a) the Competition Code of Tasmania; 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\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)](#GS8@Gs1@EN) , 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 reply 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)](#GS8@Gs3@EN) or [(4)](#GS8@Gs4@EN) 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, ***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\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","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Citation of Competition Code of this jurisdiction","content":"### 10 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 Tasmania.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"References to Competition Code","content":"### 11 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)](#GS11@Gs2@EN) 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\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","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Application law of this jurisdiction","content":"### 13 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\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\n> > (1)  For the purposes of [sections 13](#GS13@EN) and [14](#GS14@EN) , 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)](#GS15@Gs1@EN) does not limit the things that do not amount to carrying on a business for the purposes of [sections 13](#GS13@EN) and [14](#GS14@EN) .\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 product (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.","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\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)](#GS16@Gs1@EN) , 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)](#GS16@Gs1@EN) or [(2)](#GS16@Gs2@EN) 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\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","sortOrder":21},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Object","content":"### 18 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","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\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)](#GS19@Gs1@EN) , 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\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\n[*\\[Division 3 of Part 5 Repealed by No. 11 of 2001, s. 10, Applied:01 Jun 2001\\]*](/view/html/inforce/2001-06-01/act-2001-011#GS10@EN)","sortOrder":27},{"sectionNumber":"21.","sectionType":"section","heading":null,"content":"### 21.\n\n[*\\[Section 21 Repealed by No. 11 of 2001, s. 10, Applied:01 Jun 2001\\]*](/view/html/inforce/2001-06-01/act-2001-011#GS10@EN)","sortOrder":28},{"sectionNumber":"22.","sectionType":"section","heading":null,"content":"### 22.\n\n[*\\[Section 22 Repealed by No. 50 of 1999, s. 17, Applied:24 Nov 1999\\]*](/view/html/inforce/1999-11-24/act-1999-050#GS17@EN)","sortOrder":29},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.\n\n[*\\[Section 23 Repealed by No. 11 of 2001, s. 10, Applied:01 Jun 2001\\]*](/view/html/inforce/2001-06-01/act-2001-011#GS10@EN)","sortOrder":30},{"sectionNumber":"Division 4","sectionType":"division","heading":"Offences","content":"## Division 4 Offences","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Object","content":"### 24 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)](#GS24@Gs1@EN) 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)](#GS24@Gs2@Hpa@EN) or [(b)](#GS24@Gs2@Hpb@EN) ; and\n> > > \n> > > > (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in [paragraph (c)](#GS24@Gs2@Hpc@EN) ; 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":32},{"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\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)](#GS25@Gs2@EN) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.","sortOrder":33},{"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\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)](#GS26@Gs2@EN) 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":34},{"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\n> > (1)  A Commonwealth law applying because of [section 25](#GS25@EN) 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](#GS26@EN) 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)](#GS27@Gs2@EN) may only be performed or exercised in this jurisdiction.\n> \n> > (4)  In performing a function or exercising a power conferred by [subsection (1)](#GS27@Gs1@EN) or [(2)](#GS27@Gs2@EN) , 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":35},{"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\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":36},{"sectionNumber":"Division 5","sectionType":"division","heading":"Administrative law","content":"## Division 5 Administrative law","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Definition","content":"### 29 Definition\n\n> In this Division,\n> \n> > ***Commonwealth administrative laws*** means –\n> > \n> > > > (a) the following Acts:\n> > > > \n> > > > > > (i) [*\\[Section 29 Amended by No. 11 of 2001, s. 11, Applied:01 Jun 2001\\]*](/view/html/inforce/2001-06-01/act-2001-011#GS11@Hpa@EN) [*\\[Section 29 Amended by No. 8 of 2025, s. 8, Applied:14 Oct 2024\\]*](/view/html/inforce/2024-10-14/act-2025-008#GS8@EN) the *Administrative Review Tribunal Act 2024* of the Commonwealth (excluding Part 7);\n> > > > > \n> > > > > > (ii) [*\\[Section 29 Amended by No. 11 of 2001, s. 11, Applied:01 Jun 2001\\]*](/view/html/inforce/2001-06-01/act-2001-011#GS11@Hpb@EN) .  .  .  .  .  .  .  .  \n> > > > > \n> > > > > > (iii) the *Freedom of Information Act 1982* of the Commonwealth;\n> > > > > \n> > > > > > (iv) the *Ombudsman Act 1976* of the Commonwealth;\n> > > > > \n> > > > > > (v) the *Privacy Act 1988* of the Commonwealth; and\n> > > \n> > > > (b) the regulations in force under those Acts.","sortOrder":38},{"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\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)](#GS30@Gs2@EN) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.","sortOrder":39},{"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\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)](#GS31@Gs2@EN) 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":40},{"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\n> > (1)  A Commonwealth administrative law applying because of [section 30](#GS30@EN) 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](#GS31@EN) 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)](#GS32@Gs2@EN) may only be performed or exercised in this jurisdiction.\n> \n> > (4)  In performing a function or exercising a power conferred by [subsection (1)](#GS32@Gs1@EN) or [(2)](#GS32@Gs2@EN) , 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":41},{"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\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":42},{"sectionNumber":"33A","sectionType":"section","heading":"Construction of references to Part 7 of Commonwealth ART Act","content":"### 33A Construction of references to Part 7 of Commonwealth ART Act\n\n> [*\\[Section 33A Amended by No. 8 of 2025, s. 9, Applied:14 Oct 2024\\]*](/view/html/inforce/2024-10-14/act-2025-008#GS9@EN) [*\\[Section 33A Inserted by No. 11 of 2001, s. 12, Applied:01 Jun 2001\\]*](/view/html/inforce/2001-06-01/act-2001-011#GS12@EN) For the purposes of [sections 30](#GS30@EN) and [31](#GS31@EN) , 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.","sortOrder":43},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"No doubling-up of liabilities","content":"### 34 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":45},{"sectionNumber":"35","sectionType":"section","heading":"Things done for multiple purposes","content":"### 35 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":46},{"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\n> For the purposes of [section 25](#GS25@EN) , [26](#GS26@EN) , [30](#GS30@EN) or [31](#GS31@EN) , 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":47},{"sectionNumber":"37","sectionType":"section","heading":"Fees and other money","content":"### 37 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)](#GS37@Gs1@EN) 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":48},{"sectionNumber":"38","sectionType":"section","heading":"Regulations","content":"### 38 Regulations\n\n> The Governor may make regulations for the purposes of this Act.","sortOrder":49},{"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\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":50},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional rules","content":"# Part 7 Transitional rules","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Definitions","content":"### 40 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](#HP2@EN) to [6](#HP6@EN) of this Act.","sortOrder":52},{"sectionNumber":"41","sectionType":"section","heading":"Existing contracts","content":"### 41 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)](#GS41@Gs1@Hpa@EN) 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":53},{"sectionNumber":"42","sectionType":"section","heading":"Section 51 exceptions","content":"### 42 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](/view/html/inforce/2026-04-12/act-9999-999) 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* of the Commonwealth.","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Temporary exemption from pecuniary penalties","content":"### 43 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](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth received the Royal Assent.\n> \n> > (2)  If the commencement of provisions of this Act is postponed under [section 2](#GS2@EN) , the period of 2 years mentioned in this section is extended by the same number of days.","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Advance authorisations","content":"### 44 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":56},{"sectionNumber":"45","sectionType":"section","heading":"Regulations relating to savings and transitional matters","content":"### 45 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 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 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 notification.","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Administration of Act","content":"### 46 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Finance; and\n> > \n> > > (b) the Department responsible to the Minister for Finance in relation to the administration of this Act is the Department of Treasury and Finance.","sortOrder":58}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act appears to have retained its original purpose of implementing Tasmania's obligations under the National Competition Policy framework. Amendments over the years have likely been technical updates to maintain alignment with evolving federal competition law, rather than any fundamental expansion or contraction of scope."},"complexity_factors":["Operates as part of an interlocking national legislative framework, requiring cross-referencing with federal law (Trade Practices Act / Competition and Consumer Act)","Involves the interaction of state and federal constitutional powers, which can be technically complex","Targets multiple sectors (government enterprises, professions, utilities) each with their own regulatory context","The underlying National Competition Policy involves intergovernmental agreements that are not themselves legislation, adding an extra layer of context needed to understand the Act's purpose","The actual substantive text available is minimal — the full impact depends heavily on schedules and amendments accumulated since 1996"],"plain_english_summary":"## Competition Policy Reform (Tasmania) Act 1996\n\nThis Act is Tasmania's response to a national push in the mid-1990s to make Australian markets more competitive. At the time, all Australian governments — federal, state, and territory — agreed to a package of reforms known as the **National Competition Policy (NCP)**. This Tasmanian law was Tasmania's way of signing on to that national agreement.\n\n**What does it actually do?**\n- It brings Tasmanian law into line with the national competition framework, particularly the federal *Trade Practices Act 1974* (now called the *Competition and Consumer Act 2010*).\n- It applies competition rules (laws against things like price-fixing, market manipulation, and abuse of market power) to sectors that were previously exempt — such as government-owned businesses and certain professions.\n- It allows the Australian Competition and Consumer Commission (ACCC) and national competition laws to operate within Tasmania in areas they previously couldn't.\n\n**Who does it affect?**\n- **Businesses** operating in Tasmania, particularly those in industries that were previously shielded from competition law (e.g. utilities, transport, professions).\n- **Government-owned businesses** (like state-run utilities), which now had to compete on a more level playing field with private companies.\n- **Consumers**, who in theory benefit from lower prices and better services when markets are more competitive.\n\n**Why does it matter?**\nThis law is part of a broader story about Australia moving away from heavily regulated, government-controlled markets toward open competition. For everyday Tasmanians, it was meant to mean better deals on things like electricity, gas, and transport over time. It also meant that businesses could no longer rely on state-based protections to avoid national competition rules.\n\n**Still in force:** Yes, this Act remains on the books and has been updated as recently as October 2024."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a 'mirror' or 'application' statute designed to implement the Competition Policy Reform Agreement of 1995. While there have been amendments over time (particularly updating administrative law references and removing spent transitional provisions), these appear to be maintenance updates rather than expansion beyond the original purpose of harmonising competition law across jurisdictions."},"complexity_factors":["Extensive cross-referencing to Commonwealth legislation (Trade Practices Act 1974, Competition Policy Reform Act 1995, multiple administrative law Acts)","Complex mechanism for adopting external legal text (the 'Competition Code text') with automatic updates subject to 2-month delay and proclamation exclusions (section 6)","Dual application structure - applies Commonwealth laws 'as if' they were Tasmanian laws while simultaneously deeming them not to be Tasmanian laws (sections 25, 26, 30, 31)","Multiple jurisdictional layers - distinguishes between 'this jurisdiction', 'participating jurisdictions', and the Commonwealth, with different rules for each","Conditional commencement provisions with postponement mechanisms (section 2)","19 defined terms in section 3, many of which are themselves defined by reference to other documents (Conduct Code Agreement, Trade Practices Act provisions)","Nested exceptions for Crown liability (Part 4) with specific carve-outs for government activities like tax collection and compulsory acquisition","Transitional provisions with multiple cut-off dates (cut-off date, operative date) and retrospective regulation powers (Part 7)","Repealed sections (Division 3 of Part 5, sections 21-23) indicating legislative evolution and potential confusion for readers","Recent amendments (2025) updating references to the Administrative Review Tribunal Act 2024, showing ongoing maintenance complexity"],"plain_english_summary":"This is Tasmania's law that brings national competition rules into the state. It essentially copies the Commonwealth's competition laws (the Trade Practices Act) and makes them apply in Tasmania, with some tweaks.\n\n**What it does:**\n- **Adopts the 'Competition Code'**: This is a set of rules about fair competition, preventing monopolies, stopping companies from colluding on prices, and other anti-competitive behaviour. Instead of Tasmania writing its own competition laws from scratch, it imports the Commonwealth's laws and applies them locally.\n- **Who it affects**: Businesses operating in Tasmania, companies registered in Tasmania, and people living in Tasmania. It also covers Tasmanian businesses doing things overseas in some cases.\n- **How it's enforced**: The Commonwealth bodies (the Australian Competition and Consumer Commission or ACCC, and the Australian Competition Tribunal) handle enforcement and administration, not Tasmanian state agencies. This ensures consistency across all states.\n- **Special rules for government**: The Crown (Tasmanian government) generally has to follow competition law when running businesses, but there are exceptions for things like collecting taxes, issuing licences, and compulsory acquisition of farm products.\n- **No double punishment**: If someone is fined or prosecuted under the Commonwealth law for the same conduct, they can't be punished again under Tasmania's version.\n\n**Why it matters:**\nThis creates a single, national competition regime across Australia. Businesses in Tasmania play by the same rules as those in other states, making it easier to trade across borders and ensuring consumers are protected from anti-competitive behaviour like price-fixing cartels."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act adopts the Competition Code text into Tasmanian law and sets out administrative, enforcement and transitional arrangements to allow Commonwealth bodies and Commonwealth administrative laws to operate in Tasmania (see s 4–6, s 19–33). It does not, on its face, expand or narrow the substantive scope of the Competition Code beyond the mechanisms for application, enforcement and transitional treatment described in the text. Notable scope features are the binding of the Crown when it carries on a business (subject to constitutional limits) but protection of the Crown from pecuniary penalties and prosecution (s 13–16), and the Code's potential extraterritorial application with Commonwealth Minister consent required for certain procedures (s 8(2)–(5)). These are procedural and allocation changes rather than a stated substantive change to the Code's coverage."},"complexity_factors":["Extensive cross-references to Commonwealth statutes and to the Trade Practices Act/Competition Code text (s 4–7, s 11–12)","Conferral of Commonwealth powers, functions and administrative laws to operate within Tasmanian jurisdiction (s 19–20, s 27, s 29–33)","Differentiated treatment of the Crown and Crown authorities, including binding subject to legislative power but immunity from pecuniary penalties/prosecution for the Crown (s 13–16)","Multiple layers of commencement, proclamations and delayed application of Commonwealth modifications (s 2, s 6)","Transitional arrangements affecting existing contracts and temporary exemptions from penalties (s 40–44)","Application of Commonwealth enforcement processes to local offences and the shifting of monetary receipts to the Commonwealth (s 24–27, s 37)","Restrictions that prevent Tasmanian officers exercising functions conferred on Commonwealth officers (s 28, s 33), producing jurisdictional allocation issues","Permitted extraterritorial reach of the Code with ministerial consent requirements for proceedings about conduct outside Australia (s 8(2)–(5))"],"plain_english_summary":"# What this Act does, who it affects, and how it works (plain English)\n\n- What it changes mechanically\n  - The Act makes the Competition Code text part of Tasmanian law so that Tasmania applies the national competition rules locally (see sections 4–5). The \"Competition Code text\" is the Schedule version of Part IV of the Trade Practices Act plus the remaining relevant Trade Practices Act provisions and related regulations, adjusted to fit Tasmania (s 4, s 5).\n  - It gives Commonwealth competition bodies (for example, the Australian Competition and Consumer Commission, the National Competition Council and the Australian Competition Tribunal) the powers and functions they would have under the Competition Code when operating in Tasmania (s 19–20). It also makes Commonwealth administrative laws (FOI, Privacy, Ombudsman and others listed) apply to matters arising under the Code as if the Code were a Commonwealth law (s 29–33).\n  - It treats offences against the Tasmanian Competition Code as if they were offences against Commonwealth law for investigation, prosecution and related processes (s 24–27). It also provides that fees, fines and other money authorised under the application law must be paid to the Commonwealth (s 37).\n\n- Stated purpose and the mechanical response to that purpose\n  - The Act states its object is to ensure the participating jurisdictions' Competition Codes are administered uniformly, as if they constituted a single national law (s 11(1); s 18). Mechanically, the Act achieves that by adopting the Competition Code text into Tasmanian law (s 4–5), conferring Commonwealth powers and functions to work in Tasmania (s 19–20, s 27, s 32), and by making Commonwealth administrative and enforcement processes apply (s 25–33).\n\n- Who it affects and who decides\n  - Affected parties: persons carrying on business in Tasmania; Tasmanian-incorporated or registered bodies; persons ordinarily resident in Tasmania; and persons otherwise connected with Tasmania (s 8(1)). The Code can also extend to conduct occurring partly or wholly outside Tasmania (s 8(2)), subject to constraints on invoking or replying to extraterritorial conduct without Commonwealth Minister consent (s 8(3)–(5)).\n  - Decision-makers and enforcers: Commonwealth authorities and officers named by the Code — for example, the Commission, Tribunal and Council — exercise the functions and powers in Tasmania (s 19–20). Commonwealth administrative laws apply and Commonwealth officers must act as nearly as practicable as they would under Commonwealth law (s 30–33; s 27, s 32). Where a function or power is conferred on a Commonwealth officer, Tasmanian officers cannot exercise it (s 28, s 33).\n\n- Key effects on behaviour, incentives and markets\n  - Businesses in Tasmania must comply with the Competition Code as incorporated into Tasmanian law (s 5, s 8). That subjects them to national substantive competition rules (e.g. Part IV rules in the Schedule version) and to national enforcement processes (s 24–27).\n  - Enforcement and administrative processes are concentrated with Commonwealth bodies. This shifts enforcement authority and associated discretion to federal agencies (s 19–20, s 27, s 30–33). The Act requires fees, fines and penalties authorised under the application law to be paid to the Commonwealth (s 37), which alters the destination of monetary penalties and fee receipts (who benefits financially).\n  - The Crown in right of Tasmania is bound by the application law \"so far as the legislative power of Parliament permits\" when it carries on a business (s 13). However, the Crown is not made liable to pecuniary penalties or prosecution by the application law (s 16(1)–(2)); that protection does not extend to authorities (s 16(3)). Mechanically, Crown commercial activities are brought within the Code but with statutory protection from penalties and prosecution, subject to the limits in s 13–16.\n\n- Compliance burden, discretion and implementation features to note\n  - Cross‑jurisdictional complexity: the Act repeatedly links Tasmanian law to Commonwealth texts and to the laws of other participating jurisdictions (s 4–7, s 11–12). That creates a reliance on external texts and future Commonwealth amendments for substantive content (s 6). The Act permits postponement of commencement dates and of applying Commonwealth modifications by proclamation (s 2(2)–(3); s 6(1)–(3)).\n  - Administrative law and remedy routes are changed: Commonwealth administrative statutes apply to matters under the Code (s 29–33). That changes review, FOI, Ombudsman and privacy pathways for regulated parties and gives Commonwealth bodies a procedural framework when acting in Tasmania (s 29–33).\n  - Transitional and phased effects: existing contracts prior to a cut‑off date are treated specially (s 40–41). There is a temporary exemption from pecuniary penalties for a two‑year period following the Commonwealth Act's Royal Assent (s 43). Advance authorisations may be sought from the Code's commencement point (s 44). Regulations may provide retrospective savings and transitional rules with protections for private rights (s 45).\n\n- Trade-offs, opportunity costs and potential risks (mechanisms, not judgments)\n  - Concentration of enforcement with Commonwealth bodies centralises investigative and prosecutorial discretion (s 19–20, s 27, s 32). This concentrates benefit (fewer separate state enforcement actions) and may reduce duplication (s 34), but also moves decision-making away from Tasmanian agencies (s 28, s 33).\n  - The destination of monetary receipts (fees, fines) to the Commonwealth changes the fiscal incentives linked to enforcement activity (s 37). The Act does not itself specify how those receipts are then allocated within or between jurisdictions.\n  - The Crown’s limited exposure to pecuniary penalties and prosecution (s 16) may change competitive incentives where the Crown competes with private businesses, because the Crown can be bound but shielded from certain sanctions (s 13–16). The text leaves authorities (including state authorities) potentially fully liable (s 16(3)), introducing distinctions between types of public entities (s 15, s 16(3)).\n  - The reliance on Commonwealth amendments and the power to postpone application of modifications (s 6) creates implementation risk: changes to the substantive competition rules can be delayed in effect within Tasmania, producing temporal divergence unless proclamations are used.\n\n- Practical immediate consequences for businesses and regulators\n  - Businesses: must follow the Competition Code as applied in Tasmania; may face investigation and sanction under Commonwealth processes; are subject to transitional treatment of pre-existing contracts (s 5, s 8, s 41–43).\n  - Regulators: Commonwealth competition and administrative agencies exercise primary enforcement, decision‑making and review powers in Tasmania (s 19–20, s 27, s 30–33). Tasmanian officers cannot perform powers conferred on Commonwealth officers (s 28, s 33).\n\nReferences: key provisions cited above are s 4–6, s 8, s 11–12, s 13–17, s 18–20, s 24–33, s 34, s 37, s 41–45."}},"importantCases":[],"_links":{"self":"/api/acts/competition-policy-reform-tasmania-act-1996","history":"/api/acts/competition-policy-reform-tasmania-act-1996/history","analysis":"/api/acts/competition-policy-reform-tasmania-act-1996/analysis","conflicts":"/api/acts/competition-policy-reform-tasmania-act-1996/conflicts","importantCases":"/api/acts/competition-policy-reform-tasmania-act-1996/important-cases","documents":"/api/acts/competition-policy-reform-tasmania-act-1996/documents"}}