Competition Policy Reform (New South Wales) Act 1995
In ForceNSW
Jurisdiction
New South Wales
Act Number
8 of 1995
Collection
act
Plain English Summary
7/10 complexity
This Act applies the Commonwealth Competition Code as New South Wales law, bringing Commonwealth competition bodies, enforcement powers and administrative law into NSW and treating Code offences as Commonwealth offences. It centralises investigation, prosecution and revenue from fees and fines to the Commonwealth while preserving limited Crown immunity from pecuniary penalties and prosecutions.
The rule affects businesses and persons carrying on business in NSW, aligns existing Commonwealth authorisations/notifications with the NSW Code, and includes transitional savings and timing controls to protect existing contracts and approvals.
The Competition Policy Reform (New South Wales) Act 1995 is an application statute whose central function is to enact the Competition Code as a law of New South Wales so that the substantive anti-competitive conduct prohibitions contained in the Schedule version of Part IV of the Trade Practices Act 1974 (Cth) (TPA) apply uniformly to all persons, not merely to corporations within Commonwealth power.
Section 5(1) provides that the Competition Code text, as in force for the time being, applies as a law of New South Wales. The Code text itself is defined in s 4(1) as (a) the Schedule version of Part IV, (b) the remaining provisions of the TPA (excluding ss 2A, 5, 6 and 172) so far as they relate to that Schedule version, and (c) the regulations made under the TPA that relate to those provisions. Critically, s 4(2) requires those provisions to be modified as necessary so that references to “corporations” are read as references to all “persons”. The result is a mirror-image regime that catches sole traders, partnerships, unincorporated associations and government businesses.
The Act then supplies the machinery to make that Code operable. Part 3 establishes rules for citing the Code (s 10) and for interpreting generic references to “the Competition Code” as encompassing the Codes of all participating jurisdictions so that the scheme can function as a single national law (ss 11–12). Part 4 determines the extent to which the Code binds the Crown. Sections 13 and 14 bind the Crown in right of New South Wales and of other jurisdictions when the Crown “carries on a business”, but s 15 exhaustively lists activities that do not constitute carrying on a business (taxation, licensing, intra-Crown transactions, compulsory acquisition of primary produce). Section 16 immunises the Crown from pecuniary penalties and prosecution while exposing authorities of the Crown to both. Section 17 overrides any prerogative that might otherwise have exempted the Crown.
Current sections
Direct links to the current provisions in Competition Policy Reform (New South Wales) Act 1995.
(1) Parts 1 and 7 commence on the date of assent to this Act.
(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), they commence on the day to which their commencement has been postponed (or the later or latest of those days).
(3) The commencement of the provisions referred to in subsection (2) may be postponed from time to time by proclamation, but any such postponement cannot be effected after the provisions have commenced.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act, unless the contrary intention appears—
application law means—
(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
(b) any regulations or other legislative instrument made under a law described in paragraph (a), or
(c) the Competition Code, applying as a law of the participating jurisdiction, either with or without modifications.
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.
Competition Code means (according to the context)—
(a) the Competition Code text, or
(b) the Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications.
Competition Code text means the text described in section 4.
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.
Council means the National Competition Council established by section 29A of the Trade Practices Act.
instrument means any document whatever, including—
(a) an Act or an instrument made under an Act, or
(b) a law of this jurisdiction or an instrument made under such a law, or
(c) an award or other industrial determination or order, or an industrial agreement, or
(d) any other order (whether executive, judicial or otherwise), or
(e) a notice, certificate or licence, or
(f) an agreement, or
(g) an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose, or
(h) an indictment, presentment, summons or writ, or
(i) any other pleading in, or process issued in connection with, a legal or other proceeding.
jurisdiction means a State.
law, in relation to a Territory, means a law of, or in force in, that Territory.
modifications includes additions, omissions and substitutions.
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.
officer, in relation to the Commonwealth, has the meaning given in Part XIA of the Trade Practices Act.
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.
proclamation means a proclamation of the Governor published in the Government Gazette of this jurisdiction.
Schedule version of Part IV means the text that is set out in Part 1 of the Schedule to the Trade Practices Act.
State includes a Territory.
Territory means the Australian Capital Territory or the Northern Territory of Australia.
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.
(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.
(3) In this Act, a reference to a Commonwealth Act includes a reference to—
(a) that Commonwealth Act as amended and in force for the time being, and
(b) an Act enacted in substitution for that Act.
s 3: Am 1995 No 99, Sch 2; 1999 No 55, Sch 1.1.
Part 2
The Competition Code
Part 2 The Competition Code
Part 2 The Competition Code
4
The Competition Code text
4 The Competition Code text
4 The Competition Code text
(1) The Competition Code text consists of—
(a) the Schedule version of Part IV, and
(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
(c) the regulations under the Trade Practices Act, so far as they relate to any provisions covered by paragraph (a) or (b).
(2) For the purpose of forming part of the Competition Code text—
(a) the provisions referred to in subsection (1) (b) and (c) are to be modified as necessary to fit in with the Schedule version of Part IV, and
(b) in particular, references to corporations are to include references to persons who are not corporations.
5
Application of Competition Code
5 Application of Competition Code
5 Application of Competition Code
(1) The Competition Code text, as in force for the time being, applies as a law of New South Wales.
(2) This section has effect subject to section 6.
6
Future modifications of Competition Code text
6 Future modifications of Competition Code text
6 Future modifications of Competition Code text
(1) A modification made by a Commonwealth law to the Competition Code text after the commencement of this section—
(a) does not apply under section 5 until at least the end of the period of 2 months after the date of the modification, unless a proclamation appoints an earlier date, and
(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.
(2) A proclamation under subsection (1) (a)—
(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
(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.
(3) A proclamation under subsection (1) (b) has effect only if published or notified before the end of 2 months after the date of the modification.
(4) Subsection (1) (b) ceases to apply to the modification if a further proclamation so provides.
(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.
(a) the Competition Code of this jurisdiction, and
(b) any instrument under that Code.
(2) For the purposes of subsection (1), the Commonwealth Act mentioned in that subsection applies as if—
(a) the statutory provisions in the Competition Code of this jurisdiction were a Commonwealth Act, and
(b) the regulations in the Competition Code of this jurisdiction or instruments mentioned in that subsection were regulations or instruments under a Commonwealth Act.
(1) The Competition Code of this jurisdiction applies to and in relation to—
(a) persons carrying on business within this jurisdiction, or
(b) bodies corporate incorporated or registered under the law of this jurisdiction, or
(c) persons ordinarily resident in this jurisdiction, or
(d) persons otherwise connected with this jurisdiction.
(2) Subject to subsection (1), the Competition Code of this jurisdiction extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).
(3) Where a claim under section 82 of the Competition Code of this jurisdiction is made in a proceeding, a person is not entitled to rely at a hearing in respect of that proceeding on conduct to which a provision of the Code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.
(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.
(5) The Commonwealth Minister is required to give a consent under subsection (3) or (4) in respect of a proceeding unless, in the opinion of the Commonwealth Minister—
(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
(b) it is not in the national interest that the consent be given.
(6) In this section—
Commonwealth Minister means a Minister of State for the Commonwealth administering Part IV of the Trade Practices Act.
9
Special provisions
9 Special provisions
9 Special provisions
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.
Part 3
Citing the Competition Codes
Part 3 Citing the Competition Codes
Part 3 Citing the Competition Codes
10
Citation of Competition Code of this jurisdiction
10 Citation of Competition Code of this jurisdiction
10 Citation of Competition Code of this jurisdiction
The Competition Code text applying as a law of this jurisdiction may be cited as the Competition Code of New South Wales.
11
References to Competition Code
11 References to Competition Code
11 References to Competition Code
(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.
(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.
(3) Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.
12
References to Competition Codes of other jurisdictions
12 References to Competition Codes of other jurisdictions
12 References to Competition Codes of other jurisdictions
(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.
(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.
Part 4
Application of Competition Codes to Crown
Part 4 Application of Competition Codes to Crown
Part 4 Application of Competition Codes to Crown
13
Application law of this jurisdiction
13 Application law of this jurisdiction
13 Application law of this jurisdiction
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.
14
Application law of other jurisdictions
14 Application law of other jurisdictions
14 Application law of other jurisdictions
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.
15
Activities that are not business
15 Activities that are not business
15 Activities that are not business
(1) For the purposes of sections 13 and 14, the following do not amount to carrying on a business—
(a) imposing or collecting—
(i) taxes, or
(ii) levies, or
(iii) fees for licences,
(b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions),
(c) a transaction involving—
(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
(ii) only persons who are all acting for the same authority of a State, or
(iii) only the Crown in right of a State and one or more non-commercial authorities of that State, or
(iv) only non-commercial authorities of the same State,
(d) the acquisition of primary products by a government body under legislation, unless the acquisition occurs because—
(i) the body chooses to acquire the products, or
(ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.
(2) Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14.
(3) In this section—
acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation.
government body means a State or an authority of a State.
licence means a licence that allows the licensee to supply goods or services.
primary products means—
(a) agricultural or horticultural produce, or
(b) crops, whether on or attached to the land or not, or
(c) animals (whether dead or alive), or
(d) the bodily produce (including natural increase) of animals.
(4) For the purposes of this section, an authority of a State is non-commercial if—
(a) it is constituted by only one person, and
(b) it is neither a trading corporation nor a financial corporation.
s 15: Am 1995 No 99, Sch 2.
16
Crown not liable to pecuniary penalty or prosecution
16 Crown not liable to pecuniary penalty or prosecution
16 Crown not liable to pecuniary penalty or prosecution
(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.
(2) Without limiting subsection (1), nothing in the application law of a participating jurisdiction makes the Crown in right of this jurisdiction liable to a pecuniary penalty or to be prosecuted for an offence.
(3) The protection in subsection (1) or (2) does not apply to an authority of any jurisdiction.
17
This Part overrides the prerogative
17 This Part overrides the prerogative
17 This Part overrides the prerogative
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.
Part 5
National administration and enforcement of Competition Codes
Part 5 National administration and enforcement of Competition Codes
Part 5 National administration and enforcement of Competition Codes
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
18
Object
18 Object
18 Object
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.
Division 2
Conferral of functions
Division 2 Conferral of functions
Division 2 Conferral of functions
19
Conferral of functions and powers on certain bodies
19 Conferral of functions and powers on certain bodies
19 Conferral of functions and powers on certain bodies
(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.
(2) In addition to the powers mentioned in subsection (1), the authorities and officers referred to in that subsection have power to do all things necessary or convenient to be done in connection with the performance of the functions and exercise of the powers referred to in that subsection.
20
Conferral of other functions and powers for purposes of law in this jurisdiction
20 Conferral of other functions and powers for purposes of law in this jurisdiction
20 Conferral of other functions and powers for purposes of law in this jurisdiction
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.
Division 3
Division 3
Division 3
21–23 (Repealed)
pt 5, div 3: Rep 2000 No 80, Sch 1.2 [1].
s 21: Rep 2000 No 80, Sch 1.2 [1].
s 22: Rep 1999 No 22, sec 15.
s 23: Rep 2000 No 80, Sch 1.2 [1].
Division 4
Offences
Division 4 Offences
Division 4 Offences
24
Object
24 Object
24 Object
(1) The object of this Division is to further the object of this Part by providing—
(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
(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.
(2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation)—
(a) the investigation and prosecution of offences, and
(b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and
(c) proceedings relating to a matter referred to in paragraph (a) or (b), and
(d) appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and
(e) the sentencing, punishment and release of persons convicted of offences, and
(f) fines, penalties and forfeitures, and
(g) liability to make reparation in connection with offences, and
(h) proceeds of crime, and
(i) spent convictions.
25
Application of Commonwealth laws to offences against Competition Code of this jurisdiction
25 Application of Commonwealth laws to offences against Competition Code of this jurisdiction
25 Application of Commonwealth laws to offences against Competition Code of this jurisdiction
(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.
(2) For the purposes of a law of this jurisdiction, an offence against the Competition Code of this jurisdiction—
(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
(b) is taken not to be an offence against the laws of this jurisdiction.
(3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.
26
Application of Commonwealth laws to offences against Competition Codes of other jurisdictions
26 Application of Commonwealth laws to offences against Competition Codes of other jurisdictions
26 Application of Commonwealth laws to offences against Competition Codes of other jurisdictions
(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.
(2) For the purposes of a law of this jurisdiction, an offence against the Competition Code of another participating jurisdiction—
(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
(b) is taken not to be an offence against the laws of that jurisdiction.
(3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.
(4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.
27
Functions and powers conferred on Commonwealth officers and authorities
27 Functions and powers conferred on Commonwealth officers and authorities
27 Functions and powers conferred on Commonwealth officers and authorities
(1) A Commonwealth law applying because of section 25 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Trade Practices Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the Competition Code of this jurisdiction.
(2) A Commonwealth law applying because of section 26 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Trade Practices Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the Competition Code of another participating jurisdiction.
(3) The function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.
(4) In performing a function or exercising a power conferred by subsection (1) or (2), the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Trade Practices Act.
28
Restriction of functions and powers of officers and authorities of this jurisdiction
28 Restriction of functions and powers of officers and authorities of this jurisdiction
28 Restriction of functions and powers of officers and authorities of this jurisdiction
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.
s 29: Am 2000 No 80, Sch 1.2 [2] [3]; 2025 No 38, Sch 1.4[1].
30
Application of Commonwealth administrative laws to Competition Code of this jurisdiction
30 Application of Commonwealth administrative laws to Competition Code of this jurisdiction
30 Application of Commonwealth administrative laws to Competition Code of this jurisdiction
(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.
(2) For the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of this jurisdiction—
(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
(b) is taken not to be a matter arising in relation to laws of this jurisdiction.
(3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.
31
Application of Commonwealth administrative laws to Competition Codes of other jurisdictions
31 Application of Commonwealth administrative laws to Competition Codes of other jurisdictions
31 Application of Commonwealth administrative laws to Competition Codes of other jurisdictions
(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.
(2) For the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of another participating jurisdiction—
(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
(b) is taken not to be a matter arising in relation to laws of that jurisdiction.
(3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by regulations under this Act.
(4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.
32
Functions and powers conferred on Commonwealth officers and authorities
32 Functions and powers conferred on Commonwealth officers and authorities
32 Functions and powers conferred on Commonwealth officers and authorities
(1) A Commonwealth administrative law applying because of section 30 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the Competition Code of this jurisdiction.
(2) A Commonwealth administrative law applying because of section 31 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the Competition Code of another participating jurisdiction.
(3) The function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.
(4) In performing a function or exercising a power conferred by subsection (1) or (2), the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.
33
Restriction of functions and powers of officers and authorities of this jurisdiction
33 Restriction of functions and powers of officers and authorities of this jurisdiction
33 Restriction of functions and powers of officers and authorities of this jurisdiction
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.
33A
Construction of references to Commonwealth ART Act, Part 7
33A Construction of references to Commonwealth ART Act, Part 7
33A Construction of references to Commonwealth ART Act, Part 7
For sections 30 and 31, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth, as the provision applies as a law of this jurisdiction, to the whole or a part of that Act, Part 7 is taken to be a reference to the whole or a part of that Act, Part 7 as it has effect as a law of the Commonwealth.
s 33A: Ins 2000 No 80, Sch 1.2 [4]. Subst 2025 No 38, Sch 1.4[2].
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
34
No doubling-up of liabilities
34 No doubling-up of liabilities
34 No doubling-up of liabilities
(1) If—
(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
(b) the offender has been punished for the offence under the Trade Practices Act or the application law of the other jurisdiction,
the offender is not liable to be punished for the offence against the Competition Code of this jurisdiction.
(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.
35
Things done for multiple purposes
35 Things done for multiple purposes
35 Things done for multiple purposes
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.
36
Reference in Commonwealth law to a provision of another law
36 Reference in Commonwealth law to a provision of another law
36 Reference in Commonwealth law to a provision of another law
For the purposes of section 25, 26, 30 or 31, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of that section.
37
Fees and other money
37 Fees and other money
37 Fees and other money
(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.
(2) Subsection (1) does not apply to amounts recovered for loss or damage as referred to in section 82 or 87 of the Competition Code and other amounts prescribed by the regulations under this Act.
(3) This subsection imposes the fees (including fees that are taxes) that the regulations in the Competition Code of this jurisdiction prescribe.
38
Regulations
38 Regulations
38 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
s 38: Am 1995 No 99, Sch 2.
39
Regulations for exceptions under section 51 of Trade Practices Act or Code
39 Regulations for exceptions under section 51 of Trade Practices Act or Code
39 Regulations for exceptions under section 51 of Trade Practices Act or Code
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.
Part 7
Transitional rules
Part 7 Transitional rules
Part 7 Transitional rules
40
Definitions
40 Definitions
40 Definitions
In this Part—
Code means the Competition Code of this jurisdiction.
cut-off date means 19 August 1994.
existing contract means a contract that was made before the operative date.
operative date means the date of commencement of Parts 2–6 of this Act.
41
Existing contracts
41 Existing contracts
41 Existing contracts
(1) For the purposes of deciding whether a person has contravened Part IV of the Code at any time after the operative date—
(a) existing contracts made before the cut-off date, and things done to give effect to those contracts, are to be disregarded, and
(b) if an existing contract made before the cut-off date is varied on or after the cut-off date, things done to give effect to the varied contract are not to be disregarded under paragraph (a) unless they would have been disregarded under the contract as in force immediately before the cut-off date, and
(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.
(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.
(3) Part IV of the Code can make unenforceable a provision of an existing contract made on or after the cut-off date.
42
Section 51 exceptions
42 Section 51 exceptions
42 Section 51 exceptions
(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 of the Commonwealth received the Royal Assent.
(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.
s 42: Am 1995 No 99, Sch 2.
43
Temporary exemption from pecuniary penalties
43 Temporary exemption from pecuniary penalties
43 Temporary exemption from pecuniary penalties
(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 of the Commonwealth received the Royal Assent.
(2) If the commencement of provisions of this Act is postponed under section 2, the period of 2 years mentioned in this section is extended by the same number of days.
44
Advance authorisations
44 Advance authorisations
44 Advance authorisations
From the commencement of this section—
(a) an authorisation may be applied for and granted under the Code, and
(b) a notice may be given under section 93 of the Code,
as if the whole of this Act commenced at the same time as this section.
45
Regulations relating to savings and transitional matters
45 Regulations relating to savings and transitional matters
45 Regulations relating to savings and transitional matters
(1) The regulations under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) Any such savings or transitional provision may, if the regulations so provide, take effect retrospectively.
(3) To the extent to which any such savings or transitional provision takes effect from a date that is earlier than the date of its publication or notification in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication or notification, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication or notification.
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
sch 1: Ins 2011 No 27, Sch 3.3.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Competition Policy Reform (New South Wales) Act 1995.
2 Commencement
2 Commencement
2 Commencement
(1) Parts 1 and 7 commence on the date of assent to this Act.
(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), they commence on the day to which their commencement has been postponed (or the later or latest of those days).
(3) The commencement of the provisions referred to in subsection (2) may be postponed from time to time by proclamation, but any such postponement cannot be effected after the provisions have commenced.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act, unless the contrary intention appears—
application law means—
(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
(b) any regulations or other legislative instrument made under a law described in paragraph (a), or
(c) the Competition Code, applying as a law of the participating jurisdiction, either with or without modifications.
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.
Competition Code means (according to the context)—
(a) the Competition Code text, or
(b) the Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications.
Part 5 is the administrative heart of the statute. It confers on the ACCC, the Tribunal and the National Competition Council all functions and powers they would have under the Code (s 19) and permits them to perform functions arising under the Codes of other participating jurisdictions while physically present in New South Wales (s 20). Division 4 applies Commonwealth criminal law and procedure to offences against the NSW Code (ss 25–28), treating them as Commonwealth offences for investigation, prosecution, sentencing and appeal purposes. Division 5 does the same for Commonwealth administrative law statutes (the Administrative Review Tribunal Act 2024 (Cth) (excluding Part 7), Freedom of Information Act 1982 (Cth), Ombudsman Act 1976 (Cth), Privacy Act 1988 (Cth) and their regulations) so that review, FOI and privacy rights operate identically (ss 30–33). Section 33A ensures that references to Part 7 of the ART Act are read as the Commonwealth version only.
Part 6 prevents double jeopardy (s 34), validates acts done for multiple jurisdictions (s 35), treats references in Commonwealth law as including their applied State versions (s 36), directs all penalties and fees to the Commonwealth (s 37), and authorises regulations both generally (s 38) and specifically to create exceptions under what is now s 51 of the Competition and Consumer Act 2010 (Cth) (s 39).
Part 7 and Schedule 1 contain transitional rules. Existing contracts made before 19 August 1994 are largely grandfathered (s 41). A three-year transitional defence mirroring the Commonwealth’s s 33 of the Competition Policy Reform Act 1995 (Cth) applied until 2002 (s 42). Pecuniary penalty immunity lasted two years (s 43). Advance authorisations and notifications could be sought from the commencement of Part 7 (s 44). The Schedule, inserted in 2011, deems authorisations and notifications granted under the TPA before 21 July 1996 to have been granted under the Code as well (cll 2–3).
In short, the Act does not itself prohibit conduct; it imports an entire Commonwealth code, adapts it to non-corporate entities, coordinates national administration, shields the Crown where appropriate, and smooths the transition from the pre-1995 regime.
Who it affects
The legislation affects four broad classes of persons.
First, any person carrying on business in New South Wales. Section 8(1)(a) expressly provides that the Competition Code applies to persons carrying on business within the jurisdiction. Because the Code’s substantive prohibitions are no longer limited to corporations, this captures sole traders, partnerships, trusts, incorporated associations and any other entity that might previously have fallen outside Commonwealth reach.
Second, bodies corporate incorporated or registered under NSW law (s 8(1)(b)) and natural persons ordinarily resident in New South Wales (s 8(1)(c)). The extraterritorial reach in s 8(2) further extends the Code to conduct occurring wholly or partly outside New South Wales (and even outside Australia) if there is a sufficient connection with the jurisdiction.
Third, the Crown in right of New South Wales and of other participating jurisdictions when it carries on a business (ss 13–14). However, s 15 carves out taxation, licensing, intra-governmental transactions and compulsory acquisition of primary produce. Government business enterprises, state-owned corporations and authorities that trade are therefore fully subject to the cartel, misuse of market power and exclusive dealing prohibitions.
Fourth, Commonwealth officers and authorities (the ACCC, Tribunal, National Competition Council and relevant Ministers) who are given functions under the applied Code. The Act also affects State officers by prohibiting them from exercising any function that the Act has conferred on a Commonwealth officer (ss 28 and 33).
Consumers and competitors who suffer loss from contraventions gain rights to damages under the applied s 82 and other remedies under the applied s 87, but must obtain Commonwealth Ministerial consent before relying on extraterritorial conduct (s 8(3)–(6)).
Key duties and rights
The Act itself creates few standalone duties; its key contribution is to make the duties in the applied Part IV binding on all persons. Once the Code applies, the prohibitions on contracts, arrangements or understandings that have the purpose or effect of substantially lessening competition (applied s 45), cartel conduct (applied ss 45AA–45AF), misuse of market power (applied s 46), exclusive dealing (applied s 47) and resale price maintenance (applied s 48) become directly enforceable against every entity in New South Wales.
Rights created by the Act itself include:
The right to apply for authorisation or notification under the Code on the same basis as under the TPA (s 44).
The right of any person to whom the Code applies to have Commonwealth administrative law remedies (review, FOI, Ombudsman, privacy) available on the same terms as if the Code were Commonwealth law (ss 30–32).
The right of the Crown to immunity from pecuniary penalties and prosecution (s 16), balanced by the exposure of Crown authorities.
The right to rely on transitional protections for pre-19 August 1994 contracts (s 41) and the two-year pecuniary penalty amnesty that operated from Royal Assent of the Commonwealth’s 1995 Reform Act (s 43).
Conversely, the Act imposes duties on Commonwealth officers to act “as nearly as practicable” in the same manner as they would under the TPA (ss 27(4) and 32(4)), and prevents State officers from duplicating those functions (ss 28 and 33).
Penalties and enforcement
Because the Act applies the Competition Code as a law of New South Wales, the penalties that attach are those set out in the applied TPA provisions. Applied s 76 authorises pecuniary penalties, applied s 79 criminal offences for cartel conduct, and applied s 82 private actions for damages. The Act itself does not create new penalty provisions.
Enforcement is centralised. Section 19 confers on the ACCC, Tribunal and Council all the functions they possess under the Code. Division 4 of Part 5 applies the Judiciary Act 1903 (Cth), the Crimes Act 1914 (Cth) and other Commonwealth criminal law statutes to Code offences as if they were Commonwealth offences. This produces a single national enforcement regime: the ACCC investigates, the Commonwealth DPP prosecutes, and Commonwealth courts exercise jurisdiction.
Section 34 prevents double punishment where the same conduct has already been penalised under the TPA or the Code of another jurisdiction. Section 37 directs all penalties, fines and fees (except damages recovered under applied ss 82 or 87) to the Commonwealth.
How it interacts with other laws
The Act is a classic application statute and therefore interacts with the Competition and Consumer Act 2010 (Cth) (CCA) by incorporating it by reference while expanding its personal scope. The relationship is symbiotic: the Schedule version of Part IV of the old TPA is now Part IV of the CCA; the NSW Act applies that Part (as amended) as State law.
Section 7 applies the Acts Interpretation Act 1901 (Cth) to the Code and disapplies the Interpretation Act 1987 (NSW). Section 3(2) provides that expressions defined in the TPA have the same meaning in the NSW Act unless contrary intention appears. Section 3(3) ensures that references to the TPA include amendments and successor Acts.
The Act also interacts with the Conduct Code Agreement of 11 April 1995 (defined in s 3), which is the inter-governmental compact that underpins the entire scheme. Each participating jurisdiction has enacted substantially identical application legislation, producing a web of mirror laws.
With respect to the Crown, the Act carves out a specific regime (Part 4) that sits alongside the Crown Proceedings Act 1988 (NSW) and any common-law prerogatives, which are expressly overridden by s 17.
Administrative law interaction is achieved by applying the Commonwealth administrative law package (s 29) as laws of New South Wales. The 2025 amendment inserting s 33A ensures that ART Act references do not inadvertently pick up the State version of Part 7.
Finally, s 39 permits regulations to create specific exceptions that engage the “authorised by law” defence in applied s 51 of the CCA.
Recent changes and why
The statute has been amended on several occasions, but the amendments have been largely mechanical.
The Competition Policy Reform (New South Wales) Amendment Act 1995 (No 99 of 1995) made minor definitional adjustments. In 1999 and 2000, amendments (1999 No 55, 2000 No 80) repealed the now-redundant Division 3 of Part 5 (which had dealt with certain ACCC functions) and updated administrative law cross-references after the Administrative Decisions (Judicial Review) Act 1977 (Cth) was restructured.
The Statute Law (Miscellaneous Provisions) Act (No 2) 2011 inserted Schedule 1, which deems pre-21 July 1996 authorisations and notifications under the TPA to be authorisations and notifications under the Code. This was a clean-up measure to avoid the need for businesses to obtain duplicate clearances.
Most recently, the Justice Legislation Amendment Act 2025 (No 38 of 2025) updated s 29 and inserted s 33A to accommodate the new Administrative Review Tribunal Act 2024 (Cth). The changes reflect the replacement of the Administrative Appeals Tribunal with the ART and ensure that Commonwealth merits review remains available on identical terms.
These amendments have not altered the substantive policy; they keep the NSW Act synchronised with evolving Commonwealth administrative infrastructure.
Court challenges and controversies
Because the Act is machinery rather than substantive law, most litigation has arisen under the applied Code rather than the application statute itself. Nevertheless, several constitutional and interpretive controversies are directly traceable to its structure.
The validity of the scheme rested on the States’ ability to apply Commonwealth law as their own law. The High Court upheld analogous arrangements in R v Hughes (2000) 202 CLR 535, confirming that Commonwealth officers may validly exercise powers conferred by State law provided there is a Commonwealth head of power supporting the Commonwealth’s participation. The present Act was drafted with Hughes principles in mind.
In ACCC v Baxter Healthcare Pty Ltd [2007] FCAFC 32 the Full Federal Court considered the interaction between the Crown immunity provisions in the NSW Act (mirrored in other jurisdictions) and the applied misuse of market power prohibition. The Court held that a State-owned corporation supplying pharmaceuticals was carrying on a business and was therefore not entitled to derivative Crown immunity. That reasoning flows directly from ss 13–16 of the present Act.
Extra-territoriality has generated controversy. Section 8(3)–(6) requires Commonwealth Ministerial consent before a private litigant may rely on conduct occurring outside Australia. In practice this has proved a significant procedural hurdle; consent has been refused where the foreign conduct was lawful in the place it occurred, consistent with the test in s 8(5).
The transitional provisions in Part 7 have produced disputes about the exact cut-off date (19 August 1994) and whether variations to pre-cut-off contracts remove grandfathering. Courts have applied s 41 strictly, looking to whether the variation introduced new anti-competitive elements.
No court has yet struck down any provision of the Act, but academic commentary has questioned the complexity of having eight separate but identical Codes plus the CCA, a criticism that led to the 2009–2010 reforms that renamed the TPA the CCA and further aligned the regimes.
Gotchas
Most practitioners assume that once the ACCC has granted authorisation under the CCA the same conduct is automatically immune in New South Wales. That is not quite right. While Schedule 1 deems pre-1996 authorisations to carry across, post-1996 authorisations granted under the CCA are effective under the Code only because s 35 validates things done for multiple purposes. The safer course is to obtain a single authorisation that expressly refers to both the CCA and “the Competition Code of New South Wales and of each participating jurisdiction”.
Another trap is the interaction between s 15 and the definition of “business”. Government departments often believe that any activity performed under statute cannot be “business”. Section 15(1)(d) makes clear that compulsory acquisition of primary produce is excluded, but a government marketing board that chooses to acquire produce on commercial terms will be treated as carrying on business and will be fully exposed to Part IV.
The two-year pecuniary penalty amnesty in s 43 is long expired, yet many older compliance programs still cite it. More dangerously, the transitional contract protection in s 41(2) continues indefinitely for contracts made before 19 August 1994. Lawyers acting on due diligence in corporate acquisitions frequently overlook that an old joint-venture agreement containing a market-sharing clause may still be immune from the Code even though the same clause in a new contract would be illegal.
Section 8(3) and (4) are regularly forgotten. A plaintiff who pleads overseas cartel conduct without first obtaining the Commonwealth Minister’s written consent risks having that part of the claim struck out. Consent will be refused if the conduct was required or authorised by foreign law and giving consent would not be in the national interest.
Finally, the disapplication of the Interpretation Act 1987 (NSW) by s 7(3) means that NSW-specific interpretive rules (e.g. the presumption that statutes do not bind the Crown) do not apply to the Code. Everything is interpreted through the Commonwealth Acts Interpretation Act 1901.
How to comply
Compliance begins with recognising that the substantive obligations are identical to those under the CCA Part IV. A single compliance program that addresses cartel conduct, misuse of market power, exclusive dealing and resale price maintenance will satisfy both regimes provided it is tailored to non-corporate entities (e.g. partnerships, government businesses).
Organisations that are neither corporations nor Commonwealth entities should nevertheless register for ACCC immunity and notification processes. Authorisations should be drafted to refer expressly to “the Competition Code of New South Wales” to engage s 35.
Government departments and authorities must undertake a “business” audit. Any activity involving the supply of goods or services for value, even if not profit-making, is likely to constitute carrying on a business unless it falls squarely within one of the s 15 carve-outs. Once an activity is classified as business, full Part IV compliance is required.
Contracts entered before 19 August 1994 should be preserved in their original form; any variation should be scrutinised to ensure it does not introduce fresh anti-competitive provisions that would lose the s 41(1)(b) protection.
In litigation or regulatory investigations, practitioners must remember that Commonwealth criminal procedure and Commonwealth administrative review apply. FOI requests relating to Code matters should be directed to the ACCC under the Freedom of Information Act 1982 (Cth) as applied by s 30.
Finally, because fees and penalties flow to the Commonwealth (s 37), any internal budgeting or cost-recovery models must treat competition law compliance costs as ultimately benefiting the federal regulator. Regular liaison with the ACCC’s State liaison team is the most practical way to stay abreast of national enforcement priorities that will automatically apply in New South Wales by virtue of this Act.
Competition Code text means the text described in section 4.
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.
Council means the National Competition Council established by section 29A of the Trade Practices Act.
instrument means any document whatever, including—
(a) an Act or an instrument made under an Act, or
(b) a law of this jurisdiction or an instrument made under such a law, or
(c) an award or other industrial determination or order, or an industrial agreement, or
(d) any other order (whether executive, judicial or otherwise), or
(e) a notice, certificate or licence, or
(f) an agreement, or
(g) an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose, or
(h) an indictment, presentment, summons or writ, or
(i) any other pleading in, or process issued in connection with, a legal or other proceeding.
jurisdiction means a State.
law, in relation to a Territory, means a law of, or in force in, that Territory.
modifications includes additions, omissions and substitutions.
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.
officer, in relation to the Commonwealth, has the meaning given in Part XIA of the Trade Practices Act.
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.
proclamation means a proclamation of the Governor published in the Government Gazette of this jurisdiction.
Schedule version of Part IV means the text that is set out in Part 1 of the Schedule to the Trade Practices Act.
State includes a Territory.
Territory means the Australian Capital Territory or the Northern Territory of Australia.
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.
(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.
(3) In this Act, a reference to a Commonwealth Act includes a reference to—
(a) that Commonwealth Act as amended and in force for the time being, and
(b) an Act enacted in substitution for that Act.
s 3: Am 1995 No 99, Sch 2; 1999 No 55, Sch 1.1.
Part 2 The Competition Code
Part 2 The Competition Code
Part 2 The Competition Code
4 The Competition Code text
4 The Competition Code text
4 The Competition Code text
(1) The Competition Code text consists of—
(a) the Schedule version of Part IV, and
(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
(c) the regulations under the Trade Practices Act, so far as they relate to any provisions covered by paragraph (a) or (b).
(2) For the purpose of forming part of the Competition Code text—
(a) the provisions referred to in subsection (1) (b) and (c) are to be modified as necessary to fit in with the Schedule version of Part IV, and
(b) in particular, references to corporations are to include references to persons who are not corporations.
5 Application of Competition Code
5 Application of Competition Code
5 Application of Competition Code
(1) The Competition Code text, as in force for the time being, applies as a law of New South Wales.
(2) This section has effect subject to section 6.
6 Future modifications of Competition Code text
6 Future modifications of Competition Code text
6 Future modifications of Competition Code text
(1) A modification made by a Commonwealth law to the Competition Code text after the commencement of this section—
(a) does not apply under section 5 until at least the end of the period of 2 months after the date of the modification, unless a proclamation appoints an earlier date, and
(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.
(2) A proclamation under subsection (1) (a)—
(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
(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.
(3) A proclamation under subsection (1) (b) has effect only if published or notified before the end of 2 months after the date of the modification.
(4) Subsection (1) (b) ceases to apply to the modification if a further proclamation so provides.
(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.
(a) the Competition Code of this jurisdiction, and
(b) any instrument under that Code.
(2) For the purposes of subsection (1), the Commonwealth Act mentioned in that subsection applies as if—
(a) the statutory provisions in the Competition Code of this jurisdiction were a Commonwealth Act, and
(b) the regulations in the Competition Code of this jurisdiction or instruments mentioned in that subsection were regulations or instruments under a Commonwealth Act.
(3) The Interpretation Act 1987 of New South Wales does not apply to—
(a) the Competition Code of New South Wales, or
(b) any instrument under that Code.
8 Application of Competition Code
8 Application of Competition Code
8 Application of Competition Code
(1) The Competition Code of this jurisdiction applies to and in relation to—
(a) persons carrying on business within this jurisdiction, or
(b) bodies corporate incorporated or registered under the law of this jurisdiction, or
(c) persons ordinarily resident in this jurisdiction, or
(d) persons otherwise connected with this jurisdiction.
(2) Subject to subsection (1), the Competition Code of this jurisdiction extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).
(3) Where a claim under section 82 of the Competition Code of this jurisdiction is made in a proceeding, a person is not entitled to rely at a hearing in respect of that proceeding on conduct to which a provision of the Code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.
(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.
(5) The Commonwealth Minister is required to give a consent under subsection (3) or (4) in respect of a proceeding unless, in the opinion of the Commonwealth Minister—
(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
(b) it is not in the national interest that the consent be given.
(6) In this section—
Commonwealth Minister means a Minister of State for the Commonwealth administering Part IV of the Trade Practices Act.
9 Special provisions
9 Special provisions
9 Special provisions
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.
Part 3 Citing the Competition Codes
Part 3 Citing the Competition Codes
Part 3 Citing the Competition Codes
10 Citation of Competition Code of this jurisdiction
10 Citation of Competition Code of this jurisdiction
10 Citation of Competition Code of this jurisdiction
The Competition Code text applying as a law of this jurisdiction may be cited as the Competition Code of New South Wales.
11 References to Competition Code
11 References to Competition Code
11 References to Competition Code
(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.
(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.
(3) Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.
12 References to Competition Codes of other jurisdictions
12 References to Competition Codes of other jurisdictions
12 References to Competition Codes of other jurisdictions
(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.
(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.
Part 4 Application of Competition Codes to Crown
Part 4 Application of Competition Codes to Crown
Part 4 Application of Competition Codes to Crown
13 Application law of this jurisdiction
13 Application law of this jurisdiction
13 Application law of this jurisdiction
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.
14 Application law of other jurisdictions
14 Application law of other jurisdictions
14 Application law of other jurisdictions
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.
15 Activities that are not business
15 Activities that are not business
15 Activities that are not business
(1) For the purposes of sections 13 and 14, the following do not amount to carrying on a business—
(a) imposing or collecting—
(i) taxes, or
(ii) levies, or
(iii) fees for licences,
(b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions),
(c) a transaction involving—
(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
(ii) only persons who are all acting for the same authority of a State, or
(iii) only the Crown in right of a State and one or more non-commercial authorities of that State, or
(iv) only non-commercial authorities of the same State,
(d) the acquisition of primary products by a government body under legislation, unless the acquisition occurs because—
(i) the body chooses to acquire the products, or
(ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.
(2) Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14.
(3) In this section—
acquisition of primary products by a government body under legisl
This is an opening excerpt, not the complete document.
Competition Policy Reform (New South Wales) Act 1995 | Zoe