New Tax System Price Exploitation Code (Victoria) Act 1999

Definitions and core textual composition

• "New Tax System Price Exploitation Code text" is a composite concept: it is the Schedule version of Part VB of the Trade Practices Act together with the remaining Trade Practices Act provisions (except ss 2A, 5, 6 and 172) insofar as they relate to the Schedule version, any regulations under the Trade Practices Act that relate to those provisions, and the guidelines under s 75AV of the Trade Practices Act (s 4(1)). The Act therefore imports a body of Commonwealth statutory text and subordinate instruments that form the substantive prohibitions, remedies and procedural provisions of the Code.
• The Act allows necessary modifications to those texts to make them fit in the Victorian context; one explicit modification example is that references to "corporations" may be read to include "persons who are not corporations" (s 4(2)(b)).

Application law and participating jurisdictions

• The Act distinguishes "New Tax System Price Exploitation Code of this jurisdiction" (the Code as it applies in Victoria) from "application law", which is broader and includes laws of other participating jurisdictions that apply the Code and any instruments made under those laws (s 3(1) definitions).
• A "participating jurisdiction" is a jurisdiction that applies the Code as a law of that jurisdiction, with or without modifications (s 3).

Interpretation and legislative technique

• For the Code and instruments under it as applied in Victoria, the Acts Interpretation Act 1901 (Commonwealth) applies as if the Code were Commonwealth law (s 7(1)-(2)). The Victorian Interpretation of Legislation Act 1984 does not apply to the Code or instruments under it (s 7(3)). This produces a consistent approach to statutory interpretation aligned with Commonwealth practice for the Code material.
• Cross-references within Commonwealth law to other Commonwealth provisions are treated in the context of ss 25, 26, 30, 31 (s 36). Section 33A clarifies how references to Part 7 of the Administrative Review Tribunal Act 2024 are to be constructed for purposes of ss 30 and 31.

Scope of persons and extraterritoriality

• The Code of Victoria applies to persons carrying on business in Victoria, Victorian-incorporated or registered bodies corporate, persons ordinarily resident in Victoria, and persons otherwise connected with Victoria (s 8).
• Subject to s 8, the Code extends to conduct occurring outside or partly outside Victoria (s 9). However, the Act contains express qualifications that sections in Divisions 4 and 5 do not authorise acts outside Victoria in some contexts (see s 26(4), s 31(4)).

Crown and non-commercial authorities

• The application law binds the Crown when the Crown carries on a business directly or by an authority (s 13-14). Section 15 provides a list of activities that are not treated as "carrying on a business" for the purpose of Crown liability provisions, including taxation, licensing decisions, some intra-government transactions, acquisition of primary products under specified conditions, and defines "non-commercial" authority.
• The Crown is not liable to pecuniary penalty or prosecution where the application law would otherwise have done so (s 16). The immunity does not extend to authorities (entities) (s 16(3)).

National administration, offences and administrative law

• The Act's Pt 5 (ss 18-33) aims at uniform national administration (s 18) by expressly conferring functions and powers on Commonwealth authorities and officers named in the Code, in particular the Commission (s 19). The Commission can perform acts in Victoria in the performance of functions conferred by other participating jurisdictions (s 20).
• Division 4 treats offences against the Victorian Code as offences against Commonwealth law for investigative, prosecution, custodial and other related purposes (s 24). Sections 25-27, 30-33 set out the legal mechanics whereby Commonwealth criminal and administrative laws and officers apply to Code matters in Victoria and will perform those functions "as nearly as practicable" as if dealing with the Trade Practices Act (s 27(4), s 32(4)).
• Where Commonwealth officers are conferred functions by the Division, State officers are precluded from performing those functions (s 28, s 33).

Financial and regulatory co-ordination

• Fees, taxes, pecuniary penalties and other money authorised under the application law must be paid to the Commonwealth (s 37(1)); the regulations in the Victorian Code prescribe those fees (s 37(2)). Section 34 prevents double punishment or double pecuniary penalties where the same conduct is already punished under the Trade Practices Act or another participating jurisdiction's application law.

Regulation-making and procedural detail

• The Governor in Council may make regulations not inconsistent with the Act for matters required or permitted to be prescribed (s 39).
• Section 6 establishes a 2-month window before Commonwealth modifications to the Code automatically apply in Victoria, unless the Governor in Council appoints an earlier date or excludes the modification by Order. Orders must be published or notified in the Government Gazette within specified timing constraints.

Overall, the Act is a statutory vehicle to import a Commonwealth code into Victoria's law and to align enforcement and administration with Commonwealth agencies and processes, while preserving limited state-level controls over the timing and exclusion of future Commonwealth amendments.

Primary private-sector targets

• Persons carrying on business within Victoria fall squarely within the Code's territorial application (s 8(a)). That includes trading entities and persons engaged in commerce or supply activities in the State.
• Bodies corporate incorporated or registered under Victorian law are specifically captured (s 8(b)), including companies formed under state law or resident corporate entities.
• Persons ordinarily resident in Victoria are also within the Code's scope (s 8(c)). This captures individuals who have an ordinary residence in Victoria irrespective of whether they are carrying on a business.
• The residual category "persons otherwise connected with this jurisdiction" provides a broad connecting factor to catch persons with other relevant contacts with Victoria (s 8(d)).

Public sector and Crown entities

• The application law binds the Crown in right of Victoria and other participating jurisdictions to the extent the Crown carries on a business, either directly or by an authority (s 13-14). Where the Crown carries on business, those Crown activities are subject to the application law to the extent permitted by legislative power.
• The Act excludes certain public activities from "carrying on a business" for the purpose of Crown liability (s 15): collecting taxes, levies or licence fees; issuing or varying licences; certain intra-government transactions limited to the same Crown capacity or same authority; acquisition of primary products under specified constraints. Section 15(2) preserves other non-exhaustive exemptions by not limiting the list.
• Importantly, the Crown is not liable to pecuniary penalties or prosecution under the application law (s 16(1)-(2)), though the immunity does not extend to authorities which are separate legal entities (s 16(3)). Therefore, an authority of the State that is a trading or financial corporation could be liable.

Enforcers and administrative-adjacent actors

• The Australian Competition and Consumer Commission, referred to in the Act as the Commission (s 3), and other Commonwealth officers and authorities specified in the Code text (s 19) will have the functions and powers conferred by the Code. These Commonwealth bodies will be primary decision-makers and enforcers for prosecutions, investigations and administrative remedies for Victorian matters under the Code.
• Where functions are conferred on Commonwealth officers, officers of Victoria are precluded from exercising those same functions (s 28, s 33). This reallocates practical enforcement and administrative roles away from Victorian regulators to Commonwealth agencies in areas covered by the Code.

Administrative law participants

• The Act brings several Commonwealth administrative laws to bear on matters arising under the Victorian Code: the Administrative Review Tribunal Act 2024 (excluding Part 7), Freedom of Information Act 1982, Ombudsman Act 1976, and Privacy Act 1988, together with the regulations under those Acts (s 29). This affects participants who interact with investigative or decision-making processes, including affected businesses, individuals subject to investigations, and third parties seeking access or review.
• Section 33A clarifies how references to Part 7 of the Administrative Review Tribunal Act 2024 are to be constructed for ss 30 and 31, which may affect appellate or review pathways.

Who pays and who receives money

• Fees, taxes, penalties and other moneys authorised under the Victorian application law are payable to the Commonwealth (s 37(1)). The regulations in the Code of Victoria prescribe those fees (s 37(2)). This shifts the revenue flow from Victorian enforcement to the Commonwealth.

Cross-jurisdictional exposures

• Because the Act provides that references to the Code may be treated as references to the Codes of any or all participating jurisdictions (s 11), and because offences against other participating jurisdictions' Codes are treated in Victoria as offences against Commonwealth law for specified purposes (s 26), persons who operate across state lines face a potentially national enforcement environment where Commonwealth procedures, rather than purely state processes, apply.

Who is excluded or shielded

• The Crown in right of Victoria is shielded from pecuniary penalties and prosecution under the application law (s 16). However, Crown entities that are authorities and commercial in nature are not necessarily shielded (s 16(3)). The Act also provides non-exhaustive examples of activities that are not "carrying on a business" (s 15), creating areas of limited public sector exposure.

In short, the Act primarily affects Victorian businesses, Victorian residents and corporations connected to Victoria; shifts regulatory and enforcement decision-making and revenue collection to Commonwealth agencies for Code matters; and alters administrative review and procedural regimes by applying Commonwealth administrative laws.

Duties created by this Act and the imported Code

• The Act itself does not reproduce the substantive prohibitions, duties and remedies; rather it applies the Code text (the Schedule version of Part VB) and related provisions of the Trade Practices Act as a law of Victoria (s 4(1), s 5(1)). Therefore, the core substantive duties and rights for regulated parties are those contained in the Code text and related Trade Practices Act provisions as modified and applied under this Act.
• Because the Act imports the Code text and the remaining provisions of the Trade Practices Act (with specific exceptions) and permits necessary modifications (s 4(1)-(2)), duties under the Victorian Code are substantially the duties set by the Commonwealth text: obligations, prohibitions, notification and authorisation regimes, civil and criminal offences, and pecuniary penalties contained in that text become obligations and rights in Victoria.

Procedural duties and decision-makers

• Commonwealth officers and authorities identified in the Code text, including the Commission, are given the functions and powers conferred by the Code in relation to the Victorian application (s 19). Those officers and authorities therefore have the duty to investigate, enforce and decide under the Code in Victoria where such functions are conferred.
• The Commission is also empowered to act in Victoria in the exercise of functions conferred on it by other participating jurisdictions (s 20). This means duties to investigate cross-jurisdictional matters may be undertaken by the Commission under those conferrals.

Administrative rights and review

• Matters arising in relation to the Victorian Code are to be treated as matters arising under Commonwealth law for the purpose of Commonwealth administrative laws (s 30). This imports procedural rights for affected persons under the Commonwealth Administrative Review Tribunal Act 2024 (excluding Part 7), the Freedom of Information Act 1982, the Ombudsman Act 1976 and the Privacy Act 1988, as well as their regulations (s 29). Those rights include access to administrative review, FOI requests, Ombudsman complaints, and privacy protections to the extent those laws apply.
• Section 33A clarifies how references to Part 7 of the Administrative Review Tribunal Act 2024 are to be read for ss 30 and 31, affecting how review paths operate.

Criminal and civil enforcement mechanics

• The Act provides that offences against the Victorian Code are to be treated as if they were offences against Commonwealth law for specified purposes, including investigation, extradition, arrest, custodial arrangements, trial, sentencing and proceeds of crime matters (s 24(1)-(2) and examples in s 24(2)(a)-(i)). This brings Commonwealth criminal procedural regimes and related powers to bear on Victorian Code offences.
• Sections 25-27 set out that Commonwealth laws apply as laws of Victoria in relation to Code offences as if the Code were Commonwealth law (s 25(1)-(2)); and where a Commonwealth law confers a function or power on an officer in relation to an offence under the Trade Practices Act, the same function or power applies to the corresponding offence under the Victorian Code (s 27(1)-(2)). That expands the range of investigatory and enforcement powers available in practice.

Revenue and pecuniary obligations

• Fees, taxes, penalties and other money authorised under the Victorian application law must be paid to the Commonwealth (s 37(1)). Section 37(2) makes clear that the regulations in the Victorian Code prescribe the fees. Section 34 avoids double liability: a person punished under the Trade Practices Act or the application law of another jurisdiction is not liable to be punished again under the Victorian Code for the same conduct; likewise, pecuniary penalties already ordered under another participating jurisdiction or the Trade Practices Act preclude duplicative penalties under the Victorian Code (s 34).

Rights and protections

• The Act explicitly removes the applicability of the Victorian Interpretation of Legislation Act to the Code (s 7(3)) and brings Commonwealth interpretation rules to bear (s 7(1)-(2)). This shapes statutory construction and thus affects the legal rights of regulated parties.
• The application of Commonwealth administrative laws to Code matters (s 30-31) creates procedural protections for affected parties, including FOI, privacy protections, Ombudsman oversight and Administrative Review Tribunal access (s 29). Those rights are only brought in to the extent set out in the Act, and ss 30(3), 31(3) reserve the operation of those provisions to the extent an exception is provided by regulation.

Limits on duties , Crown and non-commercial authorities

• The Crown in right of Victoria is insulated from pecuniary penalties and prosecution under the application law (s 16). However, the Crown is bound in respect of carrying on a business (s 13-14) and the immunity does not extend to authorities (s 16(3)).
• Section 15 lists activities that do not amount to "carrying on a business" for the purposes of Crown liability; this carves out many governmental, taxation and intra-government licensing actions from the application law.

Delegation of enforcement and restrictions on state officers

• Where a function or power is conferred on a Commonwealth officer by virtue of the Act, the corresponding function or power may not be performed by a State officer or authority (s 28, s 33). This affects who has the duty to act and where rights to engage with particular decision-makers lie.
• Commonwealth officers must act "as nearly as practicable" as they would in performing the corresponding functions in relation to the Trade Practices Act (s 27(4), s 32(4)). This imposes a practical procedural constraint on Commonwealth exercise of power in Victorian Code matters.

Modification timing and Victorian control

• Commonwealth modifications to the Code text do not automatically apply in Victoria until at least 2 months after the date of the modification unless the Governor in Council appoints an earlier date (s 6(1)(a)). The Governor in Council may also exclude a modification from applying to Victoria by Order published within 2 months (s 6(1)(b)-(3)). This gives Victoria some procedural control over timing of the application of Commonwealth amendments, while also creating compliance obligations for regulated parties to monitor Commonwealth changes and Victorian Orders.

In sum, the key duties and rights are primarily those contained in the imported Code text and the Trade Practices Act provisions as modified and applied in Victoria, plus procedural rights and duties arising from the cross-application of Commonwealth criminal and administrative laws and the conferral of enforcement powers to Commonwealth agencies.

Treatment of offences and enforcement framework

• The Act treats offences against the Victorian Code as if they were offences against Commonwealth law for a broad set of procedural and substantive purposes. Division 4 s 24 states the object is to provide for an offence against the Victorian Code to be treated as if it were an offence against Commonwealth law and to do the same for offences against Codes of other participating jurisdictions (s 24(1)). It lists purposes for which the treatment applies, including investigation, prosecution, arrest, custody, bail, trial, sentencing, fines, reparation, proceeds of crime and spent convictions (s 24(2)(a)-(i)).
• Section 25(1) provides that Commonwealth laws apply as laws of Victoria in relation to an offence against the Victorian Code as if the Code were a Commonwealth law. For a law of Victoria, an offence against the Victorian Code is taken to be an offence against Commonwealth law and not an offence against Victorian law (s 25(2)(a)-(b)), except as regulations under this Act may prescribe (s 25(3)).
• Section 26 applies the same principle to offences against Codes of other participating jurisdictions: those Commonwealth laws apply in relation to such offences as if the Code were Commonwealth law (s 26(1)-(2)). Section 26(4) explicitly provides that the section does not require or authorise acts outside this jurisdiction.

Who enforces

• Enforcement functions and powers are conferred on Commonwealth authorities and officers named in the Code text, including the Commission (s 19(1)). The Commonwealth officers and authorities who have powers in relation to the Trade Practices Act are conferred the same functions and powers in relation to corresponding offences under the Victorian Code (s 27(1)-(2)). Where such functions and powers are conferred, the State officers may not exercise them (s 28).
• Commonwealth officers exercising functions under the Act must act as nearly as practicable as they would when performing the same functions in relation to the Trade Practices Act (s 27(4)). Similarly, for administrative functions conferred under ss 30-32, Commonwealth officers must act as nearly as practicable to how they would under the Commonwealth administrative laws (s 32(4)).

Types of penalties and revenue flow

• The Act indicates that pecuniary penalties referred to in s 76 of the Code are payable to the Commonwealth under s 37(1). Section 37(1) places all fees, taxes, penalties (including pecuniary penalties under s 76 of the Code), fines and other money authorised under the application law to be paid to the Commonwealth. Section 37(2) confirms that regulations in the Victorian Code prescribe the fees.
• Section 34 prevents double punishment: if a person has been punished for the conduct under the Trade Practices Act or an application law of another participating jurisdiction, they will not be punished again under the Victorian Code (s 34(1)). Likewise, a person ordered to pay a pecuniary penalty under the Trade Practices Act or another participating jurisdiction is not liable to a pecuniary penalty under the Victorian Code in respect of the same conduct (s 34(2)).

Criminal prosecution machinery

• By treating offences under the Victorian Code as equivalent to Commonwealth offences for the purposes listed in s 24, the Act brings into play Commonwealth criminal investigatory and prosecutorial infrastructure, custody and sentencing regimes. Section 25(1) makes Commonwealth laws apply as laws of Victoria in relation to offences against the Victorian Code.

Restrictions and limits on enforcement

• The Crown is insulated from pecuniary penalties and prosecution under the application law (s 16(1)-(2)), though this immunity does not extend to an authority of any jurisdiction (s 16(3)). Therefore, enforcement against Crown entities depends on whether the Crown is carrying on a business and whether the entity is an authority.
• Sections 26(4) and 31(4) specifically state that the relevant sections do not require, prohibit, empower, authorise or otherwise provide for doing acts outside Victoria. This limits extraterritorial enforcement acts to the mainland mechanics the Act permits.

Administrative enforcement and review

• The Act imports Commonwealth administrative laws to matters arising under the Victorian Code (s 30-31). This means enforcement decisions, regulatory actions and administrative determinations under the Code are subject to Commonwealth administrative processes: review mechanisms under the Administrative Review Tribunal Act 2024 (excluding Part 7), FOI, Ombudsman oversight and Privacy Act processes (ss 29-31). Section 33A addresses construction issues for references to Part 7 of the Administrative Review Tribunal Act 2024.

Practical enforcement consequences

• Because Commonwealth agencies (for example, the Commission) are conferred enforcement functions and the monies recovered are payable to the Commonwealth, practical enforcement in Victoria of Code provisions will be conducted under Commonwealth procedures and decision-making channels. This alters where investigations are led, which officers exercise coercive powers, which administrative review avenues are available, and where penalty payments are directed.

In short, the Act centralises enforcement of the Victorian application of the Code in Commonwealth agencies and processes, makes pecuniary returns flow to the Commonwealth, prevents double punishment, and preserves limited Crown immunity. The mechanics are set out in ss 24-28 and ss 30-33, with financial flow specified in s 37 and anti-double-penalty protection in s 34.

Interaction with the Trade Practices Act and the Code text

• The Act explicitly imports the Schedule version of Part VB of the Trade Practices Act and the remaining provisions of the Trade Practices Act (except ss 2A, 5, 6 and 172) insofar as they relate to that Schedule version (s 4(1)(a)-(b)). It also imports regulations under the Trade Practices Act and guidelines under s 75AV insofar as they relate to the Schedule version (s 4(1)(c)-(d)). The Act therefore binds Victorian application and interpretation of the Code to the structure and content of the Trade Practices Act as modified.
• Section 4(2) permits necessary modifications to fit the Schedule version into the Victorian context and explicitly allows that references to corporations may include persons who are not corporations (s 4(2)(b)). This permits textual adaptation where required for the Victorian application.

Interpretation Act interplay

• The Commonwealth Acts Interpretation Act 1901 applies as a law of Victoria to the Victorian Code and instruments under it (s 7(1)). The effect is that Commonwealth interpretative rules govern the Code rather than the Victorian Interpretation of Legislation Act 1984, which is expressly disapplied for the Code (s 7(3)). This affects construction of the text and any ancillary instruments.

Administrative law overlay

• The Act brings specified Commonwealth administrative laws to bear on Code matters as if the Code were a Commonwealth law (s 30-31). The listed Commonwealth administrative laws include the Administrative Review Tribunal Act 2024 (excluding Part 7), Freedom of Information Act 1982, Ombudsman Act 1976 and Privacy Act 1988 and their regulations (s 29). This means that procedures, review rights and oversight under those Commonwealth laws govern administrative aspects of Code matters in Victoria.
• Section 33A clarifies the construction of references to Part 7 of the Administrative Review Tribunal Act 2024 for ss 30 and 31, addressing potential interpretative friction between Commonwealth statutory parts and their application-as-law-in-Victoria.

Criminal law and procedural overlap

• Division 4 (ss 24-27) directs that Commonwealth criminal laws apply to offences against the Victorian Code as if they were Commonwealth offences (s 25(1)-(2)). The Act also permits Commonwealth officers who have functions under Commonwealth law in relation to Trade Practices Act offences to exercise corresponding powers in relation to the Victorian Code (s 27(1)-(3)). This overlays Commonwealth criminal procedures and powers onto Victorian Code offences.

State law and exclusive powers

• Where functions or powers are conferred on Commonwealth officers by reason of the Act, State officers and authorities are not permitted to exercise those functions or powers (s 28, s 33). This reallocates operational responsibility in areas governed by the Code to Commonwealth bodies, and removes State actors from those roles.
• The Act preserves that certain activities are not "carrying on a business" for Crown applicability purposes (s 15), so classic Crown activities such as taxation, levies, licensing and some intra-government transactions remain governed by State law mechanisms unless they fall within the Code’s reach.

Double liability and substitution

• Section 34 provides that a person punished under the Trade Practices Act or an application law of another participating jurisdiction is not liable to be punished again under the Victorian Code for the same conduct; similarly, a pecuniary penalty already ordered elsewhere precludes a duplicative Victorian Code penalty. This prevents multiplicity of sanctions across regimes.

Revenue and payments

• All fees, taxes, penalties and fines authorised under the Victorian application law must be paid to the Commonwealth (s 37(1)). The Victorian regulations of the Code will prescribe those fees (s 37(2)). This redirects revenue that would otherwise be part of Victorian enforcement to the Commonwealth.

Regulatory timelines and modification control

• Commonwealth modifications to the Code do not apply in Victoria automatically until after a minimum two-month period (s 6(1)(a)), unless the Governor in Council appoints an earlier date; the Governor may also exclude a modification from applying in Victoria by Order published within two months (s 6(1)(b)-(3)). This provides a procedural interaction between Commonwealth amendment processes and Victorian executive control over their local application.

Limits on extraterritorial acts

• The Act contains express statements that certain sections do not require, authorise or provide for doing acts outside Victoria (s 26(4) and s 31(4)). That restrains how far the Commonwealth application can reach in practical enforcement steps beyond the State’s borders.

Regulation-making

• The Governor in Council may make regulations not inconsistent with the Act for matters that the Act requires or permits to be prescribed (s 39), giving Victoria a measure of secondary-law control over procedural and implementation matters that are left to regulation.

Taken together, these interactions show that the Act is a legislative device to import Commonwealth Code content and to move enforcement, administration and many procedural features into the Commonwealth framework, while retaining some Victorian controls over timing, revenue prescriptions by regulation and the residual, limited Crown exemptions in ss 13-16. Readers should note that much of the substantive law and procedure is contained in the imported Commonwealth texts cited in s 4, and the Act cross-links to other Commonwealth statutes for interpretation and administration (s 7, ss 29-33).

Acts and instruments incorporated in this version

• The version supplied is Version No. 007 and incorporates amendments as at 22 October 2025. The Endnotes list a Table of Amendments identifying Acts that have amended parts of the New Tax System Price Exploitation Code (Victoria) Act 1999.

Primary amending Acts recorded in endnotes

• Federal Courts (State Jurisdiction) Act 1999, No. 54/1999: assented 14 December 1999; s 19 commenced 15 December 1999. The endnote states that this information relates only to the provision(s) amending this Act.
• Federal Courts (Consequential Amendments) Act 2000, No. 22/2000: assented 16 May 2000; ss 30-32 commenced 1 July 2000 (Gov Gazette 29.6.00 p. 1455).
• Statute Law Revision Act 2007, No. 28/2007: assented 26 June 2007; s 3(Sch. item 46) commenced 27 June 2007.
• Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009: assented 24 November 2009; s 97(Sch. item 89) commenced 1 January 2010 (Gov Gazette 10.12.09 p. 3215).
• Statute Law Revision Act 2025, No. 41/2025: assented 21 October 2025; s 3(Sch. 1 item 24) commenced 22 October 2025.

Textual amendment notes in the body

• The Act text includes marginal notes indicating amendments to definitions and sections by the listed Acts: for example, s 3 definition of "instrument" was amended by No. 68/2009 s 97(Sch. item 89.1). Sections 24(2)(b) and the definition of "Commonwealth administrative laws" in s 29 have amendments recorded from the later Acts (No. 68/2009, No. 22/2000, No. 41/2025).

Commencement history

• The Endnotes set out the commencement: Part 1 (ss 1-3) commenced 8 June 1999 (s 2(1)); the rest of the Act commenced on 15 December 1999 by Special Gazette (No. 182) 15 December 1999 page 1. Additional commencement details are recorded for amending Acts where specified.

Consequential and administrative amendments

• The Federal Courts Acts and consequential amendments in 1999-2000 indicate shifts in how Commonwealth court and administrative jurisdictional issues interact with this Act, notably the insertion of ss 30-32. The Criminal Procedure Amendment Act 2009 amendments affected definitions and cross-references in s 3 and s 24(2)(b).

No textual history beyond endnotes available here

• The endnotes state that this publication incorporates amendments made to the Act by Acts and subordinate instruments. They do not provide the full text of each amending instrument or the detailed textual changes beyond the marginal amendment notes and the table entries. The Explanatory details section states "No entries at date of publication."

Implications of the amendment history

• The amendment history recorded in the endnotes shows iterative alignment of the Victorian application with Commonwealth procedural and court arrangements (Federal Courts Acts), and later technical and consequential amendments concerning criminal procedure and administrative law integration. The 2025 Statute Law Revision Act entry indicates more recent tidying or technical changes to the text (as recorded by the marginal note).

Practical approach to amendments

• Where practitioners require the operative text as at a given date, they must consult the consolidated version and the Government Gazette notifications referenced in the endnotes for dates of commencement and any Orders under s 6 that may have brought Commonwealth modifications into effect in Victoria earlier or excluded them. The Act itself requires publication of Governor in Council Orders in the Government Gazette for exclusion or appointment of earlier application dates for Commonwealth modifications (s 6). Those Gazette notices are the operative instruments for timing.

In summary, the Act has been subject to a series of consequential and technical amendments since assent in 1999. The endnotes list the principal amending Acts and their commencement particulars. For complete amendment tracing and operative wording at any time, consult the consolidated Act and the Government Gazette notices referenced in the Act (s 6), together with the amending Acts listed in the Endnotes.

Documented litigation in this source

• The statutory text and the Endnotes provided do not include any case law, judicial decisions or litigation history. The Act’s Endnotes do not record any entries under "Explanatory details" and the text contains no judicial citations.

Meaning for practitioners

• There is no litigation history contained in this document to cite. Any judicial interpretation of the Victorian application of the Code, the conferral of functions to Commonwealth officers, Crown immunity, or the operation of ss 25-33 would not be visible from this text alone. Practitioners seeking reported decisions on the application of the Code in Victoria, conflicts as to whether particular activities constitute "carrying on a business" under s 15, or on the limits of the Commonwealth enforcement powers in Victoria will need to search case law databases and administrative tribunal decisions; none are named in the provided source.

How to proceed where litigation may be relevant

• Where a legal question arises about the Victorian application of the Code, or about the exercise of Commonwealth enforcement powers under the Act, it is necessary to search authoritative case law and tribunal decisions outside the Act text. The Act establishes the legal framework but does not supply judicial application or interpretive rulings within the text supplied here.

In short, no litigation history or judicial decisions are included in the provided Act text. Users requiring litigation precedents must consult external legal databases and reported decisions.

1. The substantive prohibitions and duties are not reproduced in this Act; they are contained in the imported Schedule version of Part VB and related Trade Practices Act provisions (s 4(1)). Practitioners must read the Code text (Schedule Part VB and specified Trade Practices Act provisions), not only this adoption Act, to know the substantive offences and defences (s 4(1)(a)-(b)). Failure to consult the Schedule text is a common oversight.

2. Commonwealth modifications do not automatically apply in Victoria immediately. Section 6 establishes a two-month delay before Commonwealth modifications to the Code text apply to Victoria unless the Governor in Council appoints an earlier date, or publishes an Order excluding the modification within two months. This creates a timing window where the Commonwealth has changed the Code but Victoria may still be operating under the earlier version. Businesses must monitor both Commonwealth amendments and Victorian Gazette Orders (s 6). Orders must be published or notified; an Order appointing an earlier date cannot pre-date publication or the modification (s 6(2)(a)).

3. Enforcement in Victoria is shifted to Commonwealth officers and processes. Where functions are conferred on Commonwealth officers, State officers may not exercise those functions (s 28, s 33). This means complaints to Victorian regulatory bodies may be redirected or transferred to Commonwealth agencies (s 19, s 27, s 32). Practitioners should identify the correct decision-maker and the applicable administrative review and FOI processes (ss 29-33).

4. Money payable under the Code in Victoria goes to the Commonwealth, not the State. Section 37 requires fees, taxes, penalties and fines imposed under the application law to be paid to the Commonwealth (s 37(1)). This can affect expectations about revenue flows and enforcement incentives.

5. The Crown immunity trap. Section 16 exempts the Crown in any capacity from pecuniary penalties and prosecution under the application law (s 16(1)-(2)). However, the immunity does not extend to Crown authorities (s 16(3)), and s 15 lists activities that are not "carrying on a business." Whether a Crown entity is an "authority" and whether its activity is "carrying on a business" are fact questions that determine exposure. Practitioners should not assume all government entities are immune.

6. Interpretation rules change for the Code. The Commonwealth Acts Interpretation Act 1901 applies as a law of Victoria for the Code and instruments under it (s 7(1)), and the Victorian Interpretation of Legislation Act 1984 does not apply (s 7(3)). Expect differences in construction principles compared with other Victorian statutes.

7. Administrative law overlay is partial and can be modified by regulation. Commonwealth administrative laws apply to matters arising under the Victorian Code (s 30-31) but ss 30(3) and 31(3) provide that this has effect "except as prescribed by regulations under this Act." The reach of Commonwealth administrative rules into Victorian Code matters may therefore be limited by Victorian regulations. Check the regulations for exclusions or qualifications.

8. The Act’s extraterritorial reach is qualified. While s 9 extends the Code to conduct outside Victoria subject to s 8, ss 26(4) and 31(4) state that certain sections do not require, empower or authorise doing acts outside Victoria. Enforcement acts that effectively require action beyond Victoria may not be authorised purely by the Act.

9. No redundancy protection beyond specific provision. Section 34 prevents double punishment where a person has been punished under the Trade Practices Act or another participating jurisdiction for the same conduct. However, the mechanics for determining "the same conduct" and whether penalties are indeed duplicative may raise fact and interpretation issues in practice.

10. Revenue and fee prescription by regulation. Section 37(2) specifies that the regulations in the Victorian Code prescribe fees. That means the fee schedule may be located in subordinate instruments rather than in the principal Act; practitioners must locate and verify the regulations in force.

11. Cross-jurisdictional references may be treated as references to Codes of all participating jurisdictions (s 11). This can mean that contractual references or instruments that mention the "New Tax System Price Exploitation Code" may be interpreted to refer broadly to Codes across jurisdictions unless a contrary intention appears (s 11(2)-(3)). Carefully check the context of any instrument referring to "the Code".

12. The Act provides a number of delegatory and conferral mechanics that require attention to the specific text conferring powers. For example, s 27 relies on a Commonwealth law applying because of s 25; the practical effect depends on the relevant Commonwealth laws and how they are constructed.

These are practical pitfalls and points of friction that arise from the Act’s mechanics. Addressing them requires reading the Code text, monitoring Gazette notices and regulations, and confirming which Commonwealth officers will exercise functions in a given case.

Step 1 , Identify whether the Code applies to you

• Confirm whether you fall within the classes listed in s 8: carrying on business in Victoria (s 8(a)); a Victorian-registered or incorporated body corporate (s 8(b)); ordinarily resident in Victoria (s 8(c)); or otherwise connected with Victoria (s 8(d)). If any of these apply, the Code as adopted in Victoria is potentially binding.

Step 2 , Read the relevant substantive Code text

• The Act does not set out the substantive prohibitions and obligations. To know your substantive duties and potential offences, read the Schedule version of Part VB of the Trade Practices Act and the remaining Trade Practices Act provisions incorporated by s 4(1). Also review relevant regulations and the s 75AV guidelines that are part of the Code text (s 4(1)(c)-(d)).

Step 3 , Monitor Commonwealth amendments and Victorian Orders

• Because Commonwealth modifications affect the Victorian application but only after a minimum two-month lag unless the Governor in Council acts (s 6), set up a monitoring process for: (a) Commonwealth Acts and regulations that amend the Code text; and (b) Victorian Government Gazette Orders under s 6 that either bring modifications into force earlier or exclude them. Ensure governance protocols note the potential for changes to take effect in Victoria differently from Commonwealth timing.

Step 4 , Determine the enforcing authority and applicable procedure

• Identify whether the Commission or other Commonwealth officer will exercise functions for your matter; s 19 confers Commonwealth functions and s 20 enables the Commission to act for functions conferred by other participating jurisdictions. If a Commonwealth officer is conferred the function, State officers cannot perform it (s 28, s 33). Practically, this means channel correspondence, notifications and proceedings to the appropriate Commonwealth agency.

Step 5 , Understand administrative law rights and review pathways

• Recognise that matters arising under the Victorian Code are subject to Commonwealth administrative laws (ss 29-32), including FOI, Ombudsman complaints, privacy protections and Administrative Review Tribunal pathways (subject to specified exclusions and any regulations under the Act). Confirm which parts of those Commonwealth administrative laws apply and whether any Victorian regulation has limited their application (s 30(3), s 31(3)).

Step 6 , Address pecuniary obligations and fee payments

• Be aware that fees, taxes, penalties and fines payable under the Victorian application law are payable to the Commonwealth (s 37(1)). Check the Victorian Code regulations for the specific prescribed fees (s 37(2)). Ensure accounting and payment processes are set up to direct payments to the Commonwealth where due under the Code.

Step 7 , Account for Crown status and exemptions

• If you are a public authority or dealing with a Crown entity, determine whether the activity is "carrying on a business" (s 13-15). If it is Crown-in-right activity, note the immunity from pecuniary penalties and prosecution (s 16), but do not assume immunity for authorities that are separate legal entities (s 16(3)). This will inform compliance obligations and enforcement exposure.

Step 8 , Avoid duplicative proceedings and penalties

• If conduct has already been the subject of punishment under the Trade Practices Act or another participating jurisdiction’s application law, s 34 prevents subsequent punishment under the Victorian Code for the same conduct. Maintain records of any proceedings or penalties to prevent cumulative sanctions.

Step 9 , Prepare for cross-border and extraterritorial implications

• Because the Act allows cross-jurisdictional treatment (s 11-12) and extraterritorial application (s 9), businesses that operate interstate or internationally should evaluate how enforcement by the Commission or Commonwealth officers in another jurisdiction may affect operations in Victoria. Ensure compliance programs address the possibility of national enforcement under the Commonwealth-administered Code.

Step 10 , Keep documentation, privacy and FOI readiness

• Given the application of Commonwealth FOI and Privacy Acts (s 29), maintain clear documentation, privacy compliance and records management compliant with Commonwealth requirements. Expect that decisions and documents may be subject to Commonwealth FOI requests or privacy complaints.

Step 11 , Engage with legal counsel and regulatory contacts

• Practitioners should obtain contemporaneous legal advice on the particular Code provisions applicable to their facts, and identify the relevant Commonwealth agency contacts (for example, the Commission) to manage investigations, authorisations, notifications or enforcement actions. Because State officers may be precluded from acting where Commonwealth officers are empowered (s 28, s 33), communications should be directed to the agency with statutory competence under the Code.

Step 12 , Review contractual and instrument references

• Check existing contracts and instruments that reference the "New Tax System Price Exploitation Code." Section 11 provides that such references may be treated as references to the Codes of participating jurisdictions, unless a contrary intention appears (s 11(2)-(3)). Consider whether contractual compliance clauses need revision in light of the Code’s national application.

Step 13 , Update internal compliance policies and staff training

• Ensure compliance manuals, training and incident response plans are updated to reflect: (a) the content of the Code text; (b) which agency enforces the Code in Victoria; (c) where payments should be made (s 37); and (d) the administrative and criminal procedures that may apply because of the Commonwealth overlay (ss 24-33). Training should emphasise monitoring Commonwealth amendments and Victorian Orders under s 6.

Step 14 , Maintain a regulatory watchlist

• Track the Trade Practices Act Schedule Part VB, relevant Commonwealth regulations and guidelines (including those under s 75AV), Victorian Code regulations under s 39, and Government Gazette notices under s 6. Assign responsibility to legal/compliance staff to maintain this watchlist and to flag any changes that may alter obligations or enforcement practices.

Following these steps will place a business or practitioner in a position to identify obligations under the Victorian application of the Code, engage with the correct enforcement agency, manage payments to the Commonwealth, and adapt to Commonwealth modifications and administrative processes as they are made applicable in Victoria.