Competition Policy Reform (Victoria) Act 1995

Version No. 013

Competition Policy Reform (Victoria) Act 1995

No. 74 of 1995

Version incorporating amendments as at
22 October 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 2

Part 2—The Competition Code 6

4 The Competition Code text 6

5 Application of Competition Code 6

6 Future modifications of Competition Code text 6

7 Interpretation of Competition Code 7

8 Application of Competition Code 8

9 Special provisions 9

Part 3—Citing the Competition Codes 11

10 Citation of Competition Code of this jurisdiction 11

11 References to Competition Code 11

12 References to Competition Codes of other jurisdictions 11

Part 4—Application of Competition Codes to Crown 12

13 Application law of this jurisdiction 12

14 Application law of other jurisdictions 12

15 Activities that are not business 12

16 Crown not liable to pecuniary penalty or prosecution 14

17 This Part overrides the prerogative 14

Part 5—National administration and enforcement of Competition Codes 15

Division 1—Preliminary 15

18 Object 15

Division 2—Conferral of functions 15

19 Conferral of functions and powers on certain bodies 15

20 Conferral of other functions and powers for purposes of law in this jurisdiction 15

Division 4—Offences 16

24 Object 16

25 Application of Commonwealth laws to offences against Competition Code of this jurisdiction 17

26 Application of Commonwealth laws to offences against Competition Codes of other jurisdictions 17

27 Functions and powers conferred on Commonwealth officers and authorities 18

28 Restriction of functions and powers of officers and authorities of this jurisdiction 19

Division 5—Administrative law 19

29 Definition 19

30 Application of Commonwealth administrative laws to Competition Code of this jurisdiction 20

31 Application of Commonwealth administrative laws to Competition Codes of other jurisdictions 20

32 Functions and powers conferred on Commonwealth officers and authorities 21

33 Restriction of functions and powers of officers and authorities of this jurisdiction 22

33A Construction of references to Part 7 of Commonwealth ART Act 22

Part 6—Miscellaneous 23

34 No doubling-up of liabilities 23

35 Things done for multiple purposes 23

36 Reference in Commonwealth law to a provision of another law 24

37 Fees and other money 24

39 Regulations generally and regulations for exceptions 24

Part 7—Transitional rules 26

40 Definitions 26

41 Existing contracts 26

42 Section 51 exceptions 27

43 Temporary exemption from pecuniary penalties 27

44 Advance authorisations 27

45 Regulations relating to savings and transitional matters 28

Endnotes 29

1 General information 29

2 Table of Amendments 31

3 Explanatory details 33

Version No. 013

Competition Policy Reform (Victoria) Act 1995

No. 74 of 1995

Version incorporating amendments as at
22 October 2025

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purpose

The purpose of this Act is to apply certain laws of the Commonwealth relating to competition policy as laws of Victoria.

2 Commencement

(1) Parts 1 and 7 come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act come into operation 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 order of the Governor in Council published in the Government Gazette, but any such postponement cannot be effected after the provisions have commenced.

3 Definitions

(1) In this Act—

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;

S. 3(1) def. of Commission amended by No. 6/2023 s. 4(1)(b).

Commission means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act, and includes a member of the Commission or a Division of the Commission performing functions of the Commission;

S. 3(1) def. of Competition and Consumer Act inserted by No. 6/2023 s. 4(1)(a).

Competition and Consumer Act means the Competition and Consumer Act 2010 of the Commonwealth;

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;

S. 3(1) def. of Council amended by No. 6/2023 s. 4(1)(b).

Council means the National Competition Council established by section 29A of the Competition and Consumer Act;

S. 3(1) def. of instrument amended by Nos 68/2009 s. 97(Sch. item 22.1), 6/2018 s. 68(Sch. 2 item 25).

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, charge-sheet filed, affidavit sworn or affirmed, or warrant issued, for any purpose; or

(h) an indictment, 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;

S. 3(1) def. of officer amended by No. 6/2023 s. 4(1)(b).

officer, in relation to the Commonwealth, has the meaning given in Part XIA of the Competition and Consumer 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;

S. 3(1) def. of Schedule version of Part IV amended by Nos 43/1999 s. 40, 6/2023 s. 4(1)(c).

Schedule version of Part IV means the text that is set out in Part 1 of Schedule 1 to the Competition and Consumer Act;

State includes a Territory;

Territory means the Australian Capital Territory or the Northern Territory of Australia;

this jurisdiction means Victoria;

S. 3(1) def. of Trade Practices Act repealed by No. 6/2023 s. 4(1)(d).

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S. 3(1) def. of Tribunal amended by No. 6/2023 s. 4(1)(b).

Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act, and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.

S. 3(2) amended by No. 6/2023 s. 4(2).

(2) If an expression is defined in the Competition and Consumer 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.

Part 2—The Competition Code

4 The Competition Code text

(1) The Competition Code text consists of—

(a) the Schedule version of Part IV; and

S. 4(1)(b) amended by No. 6/2023 s. 5.

(b) the remaining provisions of the Competition and Consumer 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

S. 4(1)(c) amended by No. 6/2023 s. 5.

(c) the regulations under the Competition and Consumer 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

(1) The Competition Code text, as in force for the time being, applies as a law of Victoria.

(2) This section has effect subject to section 6.

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 the Governor in Council, by Order published in the Government Gazette, appoints an earlier date; and

(b) does not apply under that section at all, if the modification is declared by Order of the Governor in Council published in the Government Gazette to be excluded from the operation of that section.

(2) An Order under subsection (1)(a)—

(a) cannot appoint any day that is earlier than the date of publication or notification of the Order 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 Order or the date on which the modification of the text takes effect, whichever is the later.

(3) An Order 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 Order 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.

7 Interpretation of Competition Code

(1) The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this jurisdiction to—

(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 of Legislation Act 1984 does not apply to—

(a) the Competition Code of Victoria; or

(b) any instrument under that 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—

S. 8(6) def. of Common-wealth Minister amended by No. 6/2023 s. 6.

Commonwealth Minister means a Minister of State for the Commonwealth administering Part IV of the Competition and Consumer Act.

S. 9 amended by No. 6/2023 s. 7.

9 Special provisions

The reference in section 45 of the Competition Code of this or another participating jurisdiction to "the commencement of this section" is taken to be a reference 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

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 Victoria.

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

(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

13 Application law of this jurisdiction

The application law of this jurisdiction binds (so far as the legislative power of the 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

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

(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.

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

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

Division 1—Preliminary

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

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

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.

Pt 5 Div. 3 (Heading and ss 21–23) amended by No. 54/1999 s. 18,
repealed by No. 22/2000 s. 7.

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Division 4—Offences

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

S. 24(2)(b) amended by No. 68/2009 s. 97(Sch. item 22.2).

(b) the arrest, custody, bail, trial or hearing of a charge 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

(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

(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

S. 27(1) amended by No. 6/2023 s. 8.

(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 Competition and Consumer 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.

S. 27(2) amended by No. 6/2023 s. 8.

(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 Competition and Consumer 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.

S. 27(4) amended by No. 6/2023 s. 8.

(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 Competition and Consumer Act.

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.

Division 5—Administrative law

29 Definition

In this Division—

S. 29 def. of Common-wealth administrative laws amended by Nos 22/2000 s. 8, 41/2025 s. 3(Sch. 1 item 11.1).

Commonwealth administrative laws means—

(a) the following Acts—

(i) the Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7);

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(iii) the Freedom of Information Act 1982 of the Commonwealth;

(iv) the Ombudsman Act 1976 of the Commonwealth;

(v) the Privacy Act 1988 of the Commonwealth; and

(b) the regulations in force under those Acts.

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

(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

(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

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. 33A (Heading) inserted by No. 41/2025 s. 3(Sch. 1 item 11.2).

S. 33A inserted by No. 22/2000 s. 9, amended by No. 41/2025 s. 3(Sch. 1 item 11.3).

33A Construction of references to Part 7 of Commonwealth ART Act

For the purposes of sections 30 and 31, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.

Part 6—Miscellaneous

34 No doubling-up of liabilities

(1) If—

S. 34(1)(a) amended by No. 6/2023 s. 9(a).

(a) an act or omission is an offence against the Competition Code of this jurisdiction and is also an offence against the Competition and Consumer Act or an application law of another participating jurisdiction; and

S. 34(1)(b) amended by No. 6/2023 s. 9(b).

(b) the offender has been punished for the offence under the Competition and Consumer 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.

S. 34(2) amended by No. 6/2023 s. 9(c).

(2) If a person has been ordered to pay a pecuniary penalty under the Competition and Consumer 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.

S. 35 amended by No. 6/2023 s. 10.

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 Competition and Consumer Act or the Competition Code of one or more other participating jurisdictions.

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

(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.

S. 38
repealed by No. 54/1999 s. 18.

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39 Regulations generally and regulations for exceptions

(1) The Governor in Council 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. 39(2) amended by No. 6/2023 s. 11.

(2) 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 Competition and Consumer Act or the Competition Code.

Part 7—Transitional rules

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 to 6 of this Act.

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

(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.

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

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 had come into operation at the same time as this section.

45 Regulations relating to savings and transitional matters

The regulations under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 7 September 1995

Legislative Council: 24 October 1995

The long title for the Bill for this Act was "A Bill to apply certain laws of the Commonwealth relating to competition policy as laws of Victoria and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 7 September 1995

Legislative Council: 24 October 1995

Absolute majorities:

Legislative Assembly: 11 October 1995 and 2 November 1995

Legislative Council: 31 October 1995

The Competition Policy Reform (Victoria) Act 1995 was assented to on 14 November 1995 and came into operation as follows:

Parts 1 (sections 1–3) and 7 (sections 40–45) on 14 November 1995: section 2(1); rest of Act on 21 July 1996: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Competition Policy Reform (Victoria) Act 1995 by Acts and subordinate instruments.

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New Tax System Price Exploitation Code (Victoria) Act 1999, No. 43/1999

Federal Courts (State Jurisdiction) Act 1999, No. 54/1999

Federal Courts (Consequential Amendments) Act 2000, No. 22/2000

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Oaths and Affirmations Act 2018, No. 6/2018

Statute Law Amendment Act 2023, No. 6/2023

Statute Law Revision Act 2025, No. 41/2025

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3 Explanatory details

No entries at date of publication.