{"id":"competition-policy-reform-western-australia-savings-and-transitional-regulations-1996","name":"Competition Policy Reform (Western Australia) Savings and Transitional Regulations 1996","slug":"competition-policy-reform-western-australia-savings-and-transitional-regulations-1996","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174349,"registerId":"wa-competition-policy-reform-western-australia-savings-and-transitional-regulations-1996-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition Policy Reform (Western Australia) Savings and Transitional Regulations 1996","content":"![Crest]()Western Australia\n\nCOMPETITION POLICY REFORM (WESTERN AUSTRALIA) ACT 1996\n\nCompetition Policy Reform (Western Australia) Savings and Transitional Regulations 1996\n\nWestern Australia\n\nCompetition Policy Reform (Western Australia) Savings and Transitional Regulations 1996\n\nContents\n\n1. Citation 1\n\n2. Definitions 1\n\n3. Application of TPA authorizations granted before commencement day 2\n\n4. Application of TPA notices given before commencement day 2\n\nNotes\n\n  \n\nWestern Australia\n\nCOMPETITION POLICY REFORM (WESTERN AUSTRALIA) ACT 1996\n\nCompetition Policy Reform (Western Australia) Savings and Transitional Regulations 1996\n\n##### 1. Citation\n\nThese regulations may be cited as the *Competition Policy Reform (Western Australia) Savings and Transitional Regulations 1996*.\n\n##### 2. Definitions\n\nIn these regulations —\n\n **“commencement day”** means the day on which these regulations are published in the *Gazette*;\n\n **“specified period”** means the period beginning on 21 July 1996 and ending immediately before the commencement day;\n\n **“TPA”** means the *Trade Practices Act 1974* of the Commonwealth;\n\n **“TPA authorization”** means an authorization granted under the TPA;\n\n **“TPA notice”** means a notice given under section 93 of the TPA.\n\n##### 3. Application of TPA authorizations granted before commencement day\n\n(1) If a TPA authorization is in force immediately before the commencement day, a corresponding authorization is taken to have been also granted under the Competition Code.\n\n(2) The corresponding authorization has the same effect for the purposes of the Competition Code as the TPA authorization has for the purposes of the TPA, and may be amended, revoked or otherwise dealt with under the Competition Code.\n\n(3) If a TPA authorization was in force at any time during the specified period, a corresponding authorization is taken to have been also in force under the Competition Code at the same time and to have had the same effect for the purposes of the Competition Code as the TPA authorization had for the purposes of the TPA.\n\n##### 4. Application of TPA notices given before commencement day\n\n(1) If a TPA notice is in force immediately before the commencement day, a corresponding notice is taken to have been also given under section 93 of the Competition Code.\n\n(2) The corresponding notice has the same effect for the purposes of the Competition Code as the TPA notice has for the purposes of the TPA, and may be withdrawn or otherwise dealt with under the Competition Code.\n\n(3) If a TPA notice was in force at any time during the specified period, a corresponding notice is taken to have been also in force under the Competition Code at the same time and to have had the same effect for the purposes of the Competition Code as the TPA notice had for the purposes of the TPA.\n\n(4) This regulation applies to a notice under section 93 (3) of the TPA, as well as to a notice under section 93 (1) of the TPA.\n\nNotes\n\n1. This is a compilation of the *Competition Policy Reform (Western Australia) Savings and Transitional Regulations 1996* and includes the amendments referred to in the following Table.\n\n**Table of Regulations**\n\n| Regulation | Gazettal | Commencement | Miscellaneous |\n| --- | --- | --- | --- |\n| *Competition Policy Reform (Western Australia) Savings and Transitional Regulations 1996* | 15 November 1996 p.6502 | 15 November 1996 |  |\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument is narrowly framed as a transitional/savings regulation to preserve and convert existing Commonwealth TPA authorizations and s.93 notices into equivalents under the Western Australian Competition Code. It does not broaden the substantive regulatory reach beyond that transitional purpose. The regulations do not introduce new categories of authorization or new substantive obligations; they only create a legal continuity mechanism and transfer amendment/withdrawal authority to WA. Therefore the scope has not grown beyond the instrument’s original transitional intent."},"complexity_factors":["Short instrument: 4 regulations only (regs 1–4).","Five defined terms in reg 2 (commencement day, specified period, TPA, TPA authorization, TPA notice).","Direct cross-references to external statutes: Commonwealth Trade Practices Act 1974 (TPA) and the separate Western Australian Competition Code—requires reading of external provisions for full effect.","Simple conditional logic but with a retrospective element (\"specified period\" retrospective saving in regs 3(3) and 4(3)).","Single, repeated operational mechanism (\"corresponding\" authorizations/notices taken to exist) rather than nested exceptions.","Small ambiguity in term \"corresponding\" requiring mapping between TPA instruments and Competition Code instruments (moderate legal interpretation needed).","Explicit cross-reference to subsections of the TPA s.93 (regs 4(4)), adding a narrow technical point to check."],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Transfers existing Commonwealth Trade Practices Act (TPA) approvals and section 93 notices into Western Australia’s Competition Code at the moment these regulations commence. (See regs 3 and 4.)\n- Treats any TPA authorization or TPA s.93 notice that was in force immediately before commencement as if it had been granted or given under the Competition Code, with the same legal effect. (Regs 3(1)–(2) and 4(1)–(2).)\n- Also treats TPA authorizations and notices that were in force at any time during a defined earlier period (21 July 1996 until immediately before commencement day) as if they had been in force under the Competition Code for that same time. (Regs 3(3) and 4(3).)\n- Allows those “corresponding” authorizations and notices to be amended, revoked, withdrawn or otherwise dealt with under the Competition Code going forward. (Regs 3(2) and 4(2).)\n- Explicitly applies to both notices given under section 93(1) and section 93(3) of the TPA. (Reg 4(4).)\n\nKey definitions used by the regulations (reg 2)\n\n- \"commencement day\": the day these regulations are published in the Western Australian Government Gazette.\n- \"specified period\": 21 July 1996 up to immediately before commencement day.\n- \"TPA\": the Commonwealth Trade Practices Act 1974.\n- \"TPA authorization\": an authorization granted under the TPA.\n- \"TPA notice\": a notice given under section 93 of the TPA.\n\nWho is affected\n\n- Businesses, industry associations or other parties that held TPA authorizations or had s.93 TPA notices affecting them during the specified period or immediately before commencement.\n- The Western Australian regulator and decision-makers who administer the Competition Code, because they inherit power to amend, revoke or deal with those authorizations and notices under WA law.\n- Potentially any party relying on those authorizations or notices in ongoing commercial arrangements or disputes.\n\nWhy it matters (stated purpose and practical effects)\n\n- Purpose-statement: The instrument is a transitional/savings regulation to preserve continuity when Western Australia brings into operation its Competition Code (it converts relevant existing TPA instruments so there is no legal gap).\n\n- Practical effects and implementation consequences:\n  - Legal continuity: Holders of TPA authorizations or s.93 notices do not lose whatever protection, exemption or status those instruments conferred simply because WA is moving to its own Competition Code (regs 3(1)–(3) and 4(1)–(3)).\n  - Change of legal regime: Those transferred authorizations/notices are subjected thereafter to the Competition Code rather than the TPA — they can be amended, revoked or otherwise managed under WA law (regs 3(2) and 4(2)). That shifts the relevant decision‑maker and legal framework.\n  - Retrospective legal fiction: For the specified period (21 July 1996 up to commencement), the regulations treat certain past TPA authorizations/notices as if they had been under the Competition Code at that time (regs 3(3) and 4(3)). This can affect how past conduct is characterised if disputes arise.\n\nCosts, incentives, trade-offs and implementation risks (mechanical, not political)\n\n- Who pays and bears effort: Businesses and other parties will bear transactional and compliance costs of adjusting to WA’s Competition Code regime (for example, if they need to seek amendments, respond to revocation, or rely on a transferred authorization in litigation). WA government agencies will bear administrative costs of taking over and managing those instruments.\n- Regulatory choice and discretion: The regulations transfer power to amend or revoke previously Commonwealth‑granted instruments to WA authorities (regs 3(2) and 4(2)). That creates a decision point where outcomes can change relative to prior Commonwealth practice.\n- Mapping risk: The regulations use the phrase \"corresponding\" authorization/notice but do not detail a mapping process. Where the TPA and the Competition Code differ in wording, definitions or operation, there may be legal uncertainty about the precise content of the transferred instrument until WA administrative or judicial clarification occurs. (See regs 3(1)–(3), 4(1)–(3).)\n- Retrospective treatment: Treating past TPA instruments as if they were under the Competition Code during the specified period could produce disputes about historical liability, defences or the applicability of WA procedures to past conduct.\n- Narrow scope: The regulations are limited to preserving and transferring authorizations and s.93 notices; they do not create new authorizations or substitutes for TPA entitlements beyond that saving function.\n\nNet operational effect (who decides, who changes behaviour)\n\n- Decision-makers: After commencement, WA authorities administering the Competition Code can decide to amend, revoke or withdraw the transferred authorizations and notices (regs 3(2), 4(2)).\n- Behavioural effect: Businesses should expect to interact with WA processes rather than Commonwealth processes for these particular authorizations and notices, and may need to take steps to protect or re-secure regulatory permissions under the Competition Code.\n\nRelevant provisions: definitions (reg 2); transfer and treatment of authorizations (reg 3); transfer and treatment of s.93 notices (reg 4)."},"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":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The page hosting the regulations is no longer accessible on the Western Australian legislation website."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404-style error page","Only the title and contextual boilerplate (acknowledgement of country, error message) were provided","Complexity of the underlying legislation cannot be assessed without content","Score of 1 reflects absence of analysable material, not simplicity of the law itself"],"plain_english_summary":"This regulation preserved existing rights and arrangements in Western Australia while the state transitioned to the new national competition framework, preventing legal gaps when federal reforms were introduced. It would have affected businesses, government agencies and individuals operating under pre‑existing competition or trade practices arrangements, ensuring continuity and legal certainty during the changeover."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose of transitional savings provisions. It has not expanded beyond ensuring continuity of existing TPA authorizations and notices when Western Australia adopted the Competition Code. The regulations contain exactly what was needed for the transition and nothing more."},"complexity_factors":["Only 4 regulations total, with minimal conditional logic","Just 5 defined terms in section 2, all straightforward (commencement day, specified period, TPA, TPA authorization, TPA notice)","Simple mirror provisions — regulations 3 and 4 are structurally identical, just dealing with different types of approvals","No cross-references to other legislation beyond the basic TPA and Competition Code references","No nested exceptions or complex temporal calculations beyond a simple date range (21 July 1996 to commencement day)","Clear linear structure: citation, definitions, then two substantive provisions with parallel subsections"],"plain_english_summary":"This is a short set of regulations from Western Australia that smooths the transition when the state adopted national competition laws in 1996.\n\n**What it does:**\nWhen Western Australia brought in the Competition Code (the state's version of national competition law), businesses already had existing approvals and notices under the old federal Trade Practices Act 1974 (called \"TPA authorizations\" and \"TPA notices\"). These approvals let businesses do things that would normally breach competition law, like mergers or exclusive dealing arrangements.\n\nThese regulations ensure those existing federal approvals didn't suddenly become invalid. Instead, they're treated as if they were always valid under the new Western Australian Competition Code too.\n\n**Who it affects:**\n- Businesses that held competition law authorizations from the Australian Competition and Consumer Commission (ACCC) under the old federal law\n- Anyone who had received notices under section 93 of the Trade Practices Act (these are legal notices about exclusive dealing arrangements)\n\n**Why it matters:**\nWithout these regulations, businesses would have faced a legal gap. Their federal approvals might have lapsed or not covered them under state law, forcing them to reapply or risk breaking the law. This \"savings and transitional\" provision ensures continuity — what was legal stays legal during the switchover.\n\n**Key points:**\n- **Grandfathering:** Old federal approvals are automatically recognised as state approvals\n- **Same effect:** The approvals work exactly the same way under state law as they did under federal law\n- **Backdating:** If an approval was valid during the transition period (21 July 1996 to when these regulations started), it's treated as valid under state law for that whole time too\n- **Ongoing management:** These deemed approvals can still be amended, revoked or withdrawn under the new state system"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/competition-policy-reform-western-australia-savings-and-transitional-regulations-1996","history":"/api/acts/competition-policy-reform-western-australia-savings-and-transitional-regulations-1996/history","analysis":"/api/acts/competition-policy-reform-western-australia-savings-and-transitional-regulations-1996/analysis","conflicts":"/api/acts/competition-policy-reform-western-australia-savings-and-transitional-regulations-1996/conflicts","importantCases":"/api/acts/competition-policy-reform-western-australia-savings-and-transitional-regulations-1996/important-cases","documents":"/api/acts/competition-policy-reform-western-australia-savings-and-transitional-regulations-1996/documents"}}