The Act and the adopted Competition Code affect a broad set of economic actors and a narrower set of public institutions. At the primary level, the Code applies to “persons carrying on business within this jurisdiction; bodies corporate incorporated or registered under the law of this jurisdiction; persons ordinarily resident in this jurisdiction; and persons otherwise connected with this jurisdiction” (s 8(1)). The Schedule definitions and operation make the prohibitions relevant to any person or body corporate supplying or acquiring goods or services in markets (see Schedule ss 45, 45A, 45B, 46, 47, 50). Practising lawyers and compliance professionals should treat every commercial contract, covenant, acquisition and distribution arrangement involving WA‑connected participants as potentially within the Code’s reach.
Public sector entities are also directly affected, but the Act distinguishes Crown roles. The application law binds the Crown in right of WA and other jurisdictions “so far as the Crown carries on a business” either directly or by an authority (s 13-14). However, certain governmental activities are expressly not “carrying on a business” for these purposes: imposing or collecting taxes, levies or licence fees; licensing decisions; purely intra‑Crown transactions; and statutory acquisition of primary products, except in particular circumstances (s 15(1)). An authority of a State that is “non‑commercial” (constituted by one person and not a trading or financial corporation) is likewise excluded from being treated as carrying on a business under those sections (s 15(4)). Section 16 preserves Crown immunity from pecuniary penalties and prosecution (s 16(1)-(2)), while clarifying that State and other authorities are not protected by that immunity (s 16(3)).
Commonwealth enforcement bodies and national institutions are central actors. The Act confers on the Commission, Tribunal and Council the functions and powers expressed in the Code and enables them to operate in WA (s 19). When Commonwealth functions are conferred by the Act, State officers are barred from exercising those same functions (s 27-28, 32-33). For enforcement and review purposes the Commonwealth administrative laws (AAT, FOI, Ombudsman, Privacy) apply to matters arising under the Competition Code as if the Code were Commonwealth law (s 29-33), a procedural consequence that affects both regulated parties and litigators.
State administrative actors also figure when WA chooses to operate in a State mode. The Minister and a designated Commissioner can make arrangements with the Commission and declare State matters (ss 46-47). In particular circumstances,if WA is named under s 150K of the Trade Practices Act as not fully participating, or if the State is not a party to the Conduct Code Agreement, or where a matter is declared a State matter,the statutory frame displaces Part 5 and the Commonwealth administration model, and State authorities, the State Administrative Tribunal and the Supreme Court take on the roles otherwise ascribed to Commonwealth bodies (ss 48-56). The Act provides for specific reading‑in: references to the Commission and Tribunal in the Competition Code text are to be read as references to the Commissioner and the State Administrative Tribunal, respectively (s 52).
Trade unions and employee organisations are specifically engaged by the Schedule. The Schedule contains provisions treating employee organisations as taken to act in concert with members for the purposes of secondary boycott prohibitions, and supplies procedural and liability consequences where organisations are involved (Schedule ss 45DC, 45D, 45DD). That makes workplace arrangements and collective action a discrete area of compliance exposure.
Finally, the Act affects entities that engage in mergers, acquisitions or contract provisions with anti‑competitive effect. The Schedule’s acquisition prohibition (s 50) makes a wide range of transactions subject to review and potential prohibition; the Schedule identifies factors to be taken into account when assessing substantial lessening of competition (s 50(3)), directly affecting corporate transaction planning.
In short, the Act affects: private businesses and traders with WA connections (broadly defined); corporate parties to contracts, covenants and supply arrangements; public sector authorities that carry on business activities; Commonwealth enforcement agencies operating in WA and, when designated, State administrative bodies (Commissioner and SAT); employee organisations engaged in concerted conduct; and parties to mergers and acquisitions. The Act’s definitions and the Schedule’s market‑based tests mean that even non‑corporate persons can be captured where they operate in relevant markets (s 4(2) modifies corporate references to include persons who are not corporations).