REGULATIONS UNDER THE RESTRICTIVE TRADE PRACTICES ACT 1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Restrictive Trade Practices Act 1971.
Dated this twenty-fourth day of January, 1971.
Paul Hasluck
Governor-General:
By His Excellency’s Command,
Sgd. Icor J. Greenwood
Image unavailable in extracted textAttorney-General.
RESTRICTIVE TRADE PRACTICES REGULATIONS
Part I.—Preliminary.
Citation.
These Regulations may be cited as the Restrictive Trade Practices Regulations.
Commencement.
These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Restrictive Trade Practices Act 1971.
Parts.
These Regulations are divided into Parts, as follows:—
Part I.—Preliminary (Regulations 1-7).
Part II.—Registration (Regulations 8-9).
Part III.—The Tribunal.
Division 1.—General (Regulations 10-20).
Division 2.—Procedure (Regulations 21-38).
Division 3.—Proceedings in respect of the Practice of Resale Price Maintenance (Regulations 39-45).
Part IV.—Overseas Cargo Shipping (Regulations 46-52).
Part V.—Miscellaneous (Regulations 53-55).
Interpretation.
4.—(1.) In these Regulations—
“proceedings” means proceedings in the Tribunal;
“sealed” means sealed with the seal of the Tribunal;
“the Act” means the Restrictive Trade Practices Act 1971;
“the Clerk” means the Clerk of Shipping Agreements holding office under Part XII. of the Act.
(2.) In these Regulations, a reference to a Form by number shall be read as a reference to the Form so numbered in the Schedule to these Regulations.
(3.) Strict compliance with the Forms in the Schedule to these Regulations is not necessary and substantial, compliance, or such compliance as the circumstances of a particular case allow, is sufficient.
Image unavailable in extracted text* Notified in the Commonwealth Gazette on 1972.
23953/71—Price 30c 10/21.12.1971
(4.) Where a document is required to be in accordance with a Form in the Schedule to these. Regulations, the document shall, subject to the last preceding sub-regulation, be completed in accordance with any directions contained in the Form.
Travelling allowances payable to Commissioner.
5.—(1.) Subject to the next succeeding sub-regulation, where the Commissioner is necessarily absent from Canberra overnight in the course of performing his duties, travelling allowance is payable to him at the rate of Twenty-eight dollars per day.
(2.) Where the Commissioner performs duties outside Australia and the Territories of the Commonwealth, he is entitled to be paid such allowances in respect of travelling expenses as he would be entitled to be paid if he were the Permanent Head of a Department and in receipt of salary equal to the salary payable to the Secretary to the Department of the Interior.
(3.) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
Offices and office hours of Commissioner.
6.—(1.) The Commissioner shall maintain an office in Canberra, Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart and Darwin.
(2.) The Commissioner shall notify in the Gazette the address of each of his offices and any change in such an address.
(3.) Each office of the Commissioner shall be open for business on every day other than a Saturday or a Sunday or a day that is observed as a holiday in the Commonwealth Service by virtue of section 76 of the Public Service Act 1922-1968 in the place where the office is situated—
(a) in the case of the office at Canberra—from half past nine o’clock in the morning until half past twelve o’clock in the afternoon and from half past one o’clock to four o’clock in the afternoon;
(b) in the case of the office at Darwin—from half past nine o’clock in the morning until twelve noon and from one o’clock to four o’clock in the afternoon; and
(c) in the case of all. other offices—from half past nine o’clock in the morning until one o’clock in the afternoon and from two o’clock to four o’clock in the afternoon.
Evidence in respect of lodgment or receipt of documents with the Commissioner and of extension of time.
7.—(1.) In any proceedings under the Act, a certificate under the hand of the Commissioner certifying that any specified fact in relation to the lodgment or receipt or non-lodgment or non-receipt of a document, or of a document of a specified description, appears from the records kept in the offices of the Commissioner is evidence of that fact.
(2.) In any proceedings under the Act, a certificate under the hand of the Commissioner certifying—
(a) the date on which he informed the applicant in writing of his decision on an application under sub-section (8.) of section 42 of the Act for an extension of time within which any specified particulars were required to be furnished under that section:
(b) whether or not he has granted an extension of time to the applicant; and
(c) if he has granted such an extension of time—the period of the extension so granted,
is evidence of the facts so certified.
(3.) In any proceedings under the Act, a certificate under the hand of the Commissioner certifying that it appears from the records kept in the office of the Commissioner that a specified document has not been received at the office of the Commissioner is evidence that the document has not been left at an office of the Commissioner as required by paragraph (a) of sub-regulation (1.) of regulation 8 of these Regulations and has not been sent to the Commissioner by registered post as provided by paragraph (b) of that sub-regulation.
(4.) A reference in sub-regulation (2.) of this regulation to the Commissioner shall be read as including a reference to a person to whom the Commissioner has delegated his powers under sub-section (8.) of section 42 of the Act,
Part II.—Registration.
Furnishing of particulars under section 42.
8.—(1.) Lodgment of a document or documents in accordance with subsection (6.) of section 42 of the Act shall be effected—
(a) by leaving the document or documents, together with the statutory declaration required by that section, with a person in attendance at an office of the Commissioner at a time when that office is open for business; or
(b) by sending the document or documents, together with that statutory declaration, from a place in Australia by registered post addressed to the Commissioner at an office of the Commissioner.
(2.) A document that has been sent in accordance with paragraph (b) of the last preceding sub-regulation shall be deemed to have been lodged with the Commissioner at the time at which it was posted.
(3.) A person furnishing particulars of an agreement, or of a variation or determination of an agreement, in accordance with sub-regulation (1.) of this regulation shall lodge with the document or documents containing the particulars a memorandum, signed by or on behalf of the person, setting out—
(a) the name and address of the person by whom the particulars are furnished;
(b) a brief description of the document or documents containing the particulars;
(c) a statement that the document containing the particulars is, or the documents containing the particulars are, accompanied by a statutory declaration verifying the document or documents; and
(d) the name and address of the person making the statutory declaration.
(4.) Where the statutory declaration verifying the document or documents containing the particulars is made by a person authorized by the person furnishing the particulars, the declaration shall include—
(a) a statement that the person making the statutory declaration is authorized by the person furnishing the particulars to make that declaration; and
(b) a statement of the facts and circumstances by reason of which the person making the statutory declaration is competent to make the declaration.
Exclusion from registration of certain particulars.
The particulars that are required to be furnished under Part V. of the Act do not include particulars of a variation of an agreement effected after the agreement has become subject to registration under that Part if—
(a) the agreement is varied in relation only to a list or other specification of persons (other than persons who are, or are to be deemed to be, parties to the agreement), prices or terms; and
(b) the variation is material for the purpose only of defining the particular application from time to time of continuing restrictions.
Part III.—The Tribunal.
Division 1.—General.
Traveling allowances payable to members of the Tribunal.
10.—(1.) Where a member other than a presidential member travels in the course of performing his duties, travelling allowance is payable to him at the rate of Twenty-eight dollars per day.
(2.) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
Seal of the Tribunal.
11.—(1.) The seal of the Tribunal shall be of a design approved by the President and shall include—
(a) the Coat of Arms of the Commonwealth, that is to say the armorial ensigns and supporters granted to the Commonwealth by Royal Warrant dated the nineteenth day of September, One thousand nine hundred and twelve; and
(b) the words “Trade Practices Tribunal”.
(2.) The Registrar shall keep at his office a device for affixing the seal of the Tribunal to a document.
(3.) The seal of the Tribunal shall be affixed by or with the authority of the Registrar to such documents as are required by these Regulations or by a direction of a presidential member to be sealed with the seal of the Tribunal.
Hours of Registrar’s office.
The office of the Registrar shall be open for business on every day, other than a Saturday or a Sunday or a day that is observed as a holiday in the Commonwealth Service by virtue of section 76 of the Public Service Act 1922-1968 in the place where the office is situated, from ten o’clock in the morning until one o’clock in the afternoon and from two o’clock to four o’clock in the afternoon.
Filing or lodging of documents with the Registrar.
13.—(1.) Filing of a document with the Registrar shall be effected by lodging it at the office of the Registrar at a time when that office is open for business.
(2.) The Registrar shall cause the date on which a document was lodged at his office to be. written on the document.
(3.) The last preceding sub-regulation applies in relation to a document that is lodged with the Registrar or at his office whether or not it is, or is required to be, filed.
File numbers of proceedings.
14.—(1.) The Registrar shall cause a file number to be allotted to each proceeding in the Tribunal.
(2.) The one file number may be allotted to all proceedings that, in the opinion of the Registrar, are related to each other.
Title of proceedings.
15.—(1.) A document filed with the Registrar, or issued out of an office of the Registrar, in relation to proceedings shall be intituled in accordance with Form 1 or Form 2, whichever is applicable.
(2.) The Registrar may, at the request of a person proposing to institute proceedings or of his own motion after the institution of any proceedings, determine the description of an agreement or practice that is to form part of the title of the proceedings for the purposes of all documents in the proceedings after that determination.
(3.) The Registrar may, at the request of a person proposing to institute proceedings under section 72 of the Act or of his own motion after the institution of any such proceedings, determine the description of the goods that is to form part of the title of the proceedings for the purposes of all documents in the proceedings after that determination.
References to Commissioner in documents.
Where it is necessary to refer to the Commissioner in a document in or in relation to proceedings, the reference shall fee to the Commissioner by his official title only.
Signature and sealing of notice of proceedings.
(1) Where—
(a) a person is required under these Regulations to serve on another person a notice signed by the Registrar and sealed;
(b) a form of notice is properly presented to the Registrar; and
(c) a copy of the form of notice is lodged with the Registrar, the Registrar shall sign, seal and return the form of notice and complete and retain the copy.
(2.) Where—
(a) several forms of notice are properly presented to the Registrar;
(b) the Registrar is satisfied that the forms of notice are, except in relation to the names and addresses of the persons to whom the notices are directed, in identical terms; and
(c) a copy of one of the forms of notice is lodged with the Registrar together with a document setting out the names and addresses of the persons to whom the other notices are directed,
the last preceding sub-regulation applies as if a copy of each form of notice had been lodged with the Registrar.
Address for services.
18.—(1.) Subject to any direction of the Tribunal to the contrary, a person (other than the Commissioner) is not entitled to take any step in, or be heard at the hearing of, proceedings in the Tribunal unless he has filed with the Registrar notice of an address in Australia at which documents may be served on him for the purposes of those proceedings and has served a copy of that notice on the Commissioner.
(2.) A person who has filed notice of an address for service under this regulation may at any time file notice of a new address for service, and a reference in these Regulations to notice of an address for service filed in pursuance of this regulation shall, in relation to a person who has filed more than one such notice, be read as a reference to the later or latest of those notices.
(3.) Where a party files a notice referred to in the last preceding sub-regulation, he shall forthwith serve a copy of the notice on the Commissioner.
(4.) Where a person has lodged with the Registrar an application under section 72 of the Act that states an address in Australia as his address for service for the purpose of this regulation, he shall be deemed to have filed notice of an address for service under sub-regulation (1.) of this regulation.
(5.) Where a person who has lodged an application referred to in the last preceding sub-regulation has served a copy of the application on the Commissioner, he shall be deemed to have served on the Commissioner a copy of a notice of address for service filed by him.
Service of documents.
19.—(1.) Subject to this regulation, a document that is required or permitted by or under the Act or these Regulations to be served on a person in connexion with any proceeding before the Tribunal may be served on that person—
(a) where the person has filed notice of an address for service in pursuance of the last preceding regulation—by delivering the document to the person personally or by delivering the document at, or by sending the document by registered post addressed to the person at, that address;
(b) where the person is the Commissioner—by delivering the document at, or by sending the document by registered post addressed to the Commissioner at, any office of the Commissioner; or
(c) in any other case—
(i) where the person is a body corporate—by delivering the document personally to the manager or secretary of the body corporate, or, if the body corporate has a registered office under a law of a State or Territory of the Commonwealth, by leaving it at that office or by posting it by registered post addressed to the body corporate at that office or, if the body corporate does not have such a registered office, by posting it by registered post addressed to the body corporate at its principal place of business in Australia; or
(ii) where the person is not a body corporate—by delivering the document to the person or by sending the document by registered post addressed to the person at the last address of the person known to the person serving the document.
(2.) Subject to the next succeeding sub-regulation, the Tribunal constituted by a presidential member may, in relation to any proceedings before the Tribunal, give such directions as it thinks fit in relation to the time within which, and the manner in which, a document is to be served.
(3.) The Tribunal shall not give a direction under the last preceding sub-regulation in relation to the service of—
(a) a notice or document referred to in sub-section (7.) of section 47 of the Act; or
(b) a summons referred to in section 93 of the Act.
(4.) Subject to any direction of the Tribunal to the contrary, proof of the service of any document shall be given by means of a statutory declaration.
Orders and determinations of Tribunal.
20.—(1.) Each order and determination of the Tribunal and the date on which it was made shall be recorded by the Registrar in a document signed by him.
(2.) The original of each document referred to in the last preceding sub-regulation shall be filed by the Registrar in the records of the Tribunal.
Division 2.—Procedure.
Representation of persons having common interest in proceedings.
21.—(1.) The Tribunal may—
(a) in relation to proposed proceedings—on the application of the Commissioner; or
(b) in relation to proceedings that have been instituted—on the application of the Commissioner or of another party to the proceedings,
make an order directing that specified persons, being persons having a common interest in the proceedings, be represented in the proceedings by a person specified in the order,
(2.) The jurisdiction of the Tribunal under the last preceding sub-regulation may be exercised by the Tribunal constituted by a presidential member.
(3.). Notice of an application under sub-regulation (1.) of this regulation shall be served by the applicant on such persons as the Tribunal directs.
(4.) An order referred to in sub-regulation (1.) of this regulation in relation to proposed proceedings shall be expressed to be subject to a condition that the proceedings are instituted on or before a day specified in the order and has effect subject to that condition.
(5.) Where an order is made under sub-regulation (1.) of this regulation in relation to proceedings that have been instituted, the person specified in the order as representing the persons having a common interest in the proceedings shall, by force of the order, if he is not already a party to the proceedings, become a party to the proceedings.
(6.) An order under sub-regulation (1.) of this regulation with respect to the representation of persons in proceedings under section 47 or 72 of the Act continues to be effective for the purposes of any proceedings under Division 3 of Part VI. of the Act consequential upon the first-mentioned proceedings.
(7.) Where the Tribunal has made an order under sub-regulation (1.) of this regulation, the Tribunal may direct that notice be given either publicly or otherwise of the making of the order and may give directions as to the form of that notice.
(8.) Where, in pursuance of an order made under sub-regulation (1.) of this regulation, a. person who is a party to proceedings is to be represented in those proceedings by the person specified in the order, that first-mentioned person ceases, by virtue of the order, unless the Tribunal otherwise directs, to be a party to the proceedings.
Notice under section 16 (2.).
22.—(1.) A notice under sub-section (2.) of section 16 of the Act shall be filed with the Registrar not less than twenty-one days, or such lesser number of days as the Tribunal directs, before the day fixed for the commencement of the hearing of the proceedings to which the notice relates.
(2.) Where a party, other than the Commissioner, files a notice referred to in the last preceding sub-regulation, he shall forthwith serve a copy of the notice on the Commissioner.
(3.) Where a person who has been authorized by a party (whether the person is himself a party or not) signs a notice referred to in sub-regulation (1.) of this regulation on behalf of the party, the notice shall state the authority of that person to act on behalf of that party in signing the notice and there shall be filed with the notice a statutory declaration verifying that statement.
Institution of proceedings under section 47.
Proceedings under section 47 of the Act shall be instituted by the Commissioner, and the Commissioner shall comply with his obligation under sub-section (6.) of that section in relation to the proceedings, by filing with the Registrar—
(a) in the case of proceedings relating to an examinable agreement—a document in accordance with Form 3; or
(b) in the case of proceedings relating to an examinable practice—a document in accordance with Form 4.
Parties to proceedings.
24.—(1.) Subject to sub-regulation (8.) of regulation 21 of these Regulations and to any direction of the Tribunal under sub-section (2.) of section 88 of the Act, the parties to proceedings under section 47 of the Act are—
(a) the Commissioner; and
(b) such persons as the Commissioner specifies as parties to the proceedings in the document by which the proceedings are instituted.
(2.) Subject to the next succeeding sub-regulation, where the Commissioner institutes proceedings under section 47 of the Act in relation to an examinable agreement, the Commissioner shall specify as parties to the proceedings in the document by which proceedings are instituted all persons whom he has reason to believe are parties to the agreement at the time when the proceedings are instituted.
(3.) The Commissioner is not required to specify as a party to the proceedings—
(a) a person who has been specified in an order under regulation 21 of these Regulations as a person who is to be represented in the proposed proceedings by a person specified in that order; or
(b) a person who, to the best of the Commissioner’s knowledge and belief, has no address in Australia where a notice of proceedings referred, to in the next succeeding regulation could be served on him in accordance with sub-regulation (1.) of regulation 19 of these Regulations.
(4.) The Commissioner shall file with the document by which proceedings are instituted in relation to an examinable agreement a statutory declaration verifying that he has specified in that document, as parties to the proceedings, all the persons whom he is required so to specify by virtue of sub-regulations (2.) and (3.) of this regulation.
Notice of proceedings under section 47.
25.—(1.) For the purposes of sub-section (7.) of section 47 of the Act, a notice of proceedings—
(a) shall be in accordance with Form 5;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the document by which the proceedings were instituted.
(2.) The dates to be inserted in paragraphs 3 and 4 of a notice of proceedings shall be such dates as the President fixes.
Preliminary conference.
26.—(1.) As soon as practicable after the institution of proceedings under section 47 of the Act, the President shall fix a time and place for a preliminary conference, which may be attended by the parties to the proceedings or by their representatives.
(2.) The preliminary conference shall take place before the Tribunal constituted by a presidential member.
(3.) The purpose of the preliminary conference is to facilitate the orderly, convenient and expeditious conduct of the proceedings and, as far as possible, to simplify the proceedings.
(4.) Without limiting the generality of the last preceding sub-regulation, the following matters and questions may be considered at a preliminary conference:—
(a) the representation of the parties in the proceedings;
(b) the questions that are likely to arise in the proceedings;
(c) the nature of the detriment to the public interest that the Commissioner will request the Tribunal to take into account in considering whether a restriction or practice is contrary to the public interest;
(d) the matters that the parties other than the Commissioner will request the Tribunal to take into account in considering whether a restriction or practice is contrary to the public interest;
(e) the possibility of agreement by the parties on, or admission by a party of, facts or documents;
(f) whether it is desirable for a party to furnish to the Tribunal or to another party preliminary statements of facts and contentions;
(g) whether it is desirable for a party to furnish to the Tribunal or to another party a list of documents relevant to the proceedings that are, or have been, in his possession or control;
(h) whether it is desirable for a party to permit inspection by the Tribunal or another party, or to furnish copies to the Tribunal or to another party, of any documents that are in that party’s possession or control;
(i) whether it is desirable for a party to furnish to another party written answers to written questions in relation to matters relevant to the proceedings;
(j) whether it is desirable for a list of documents referred to in paragraph (g) of this sub-regulation, a copy of a document referred to in paragraph (h) of this sub-regulation or written answers referred to in paragraph (i) of this sub-regulation to be verified by statutory declaration or authenticated in some other way;
(k) whether it is desirable for an investigation to-be made into, or for an inspection to be made of, the books, accounts and records of a party in relation to matters relevant to the proceedings;
(l) the manner in which evidence in relation to particular matters will be presented at the hearing of the proceedings;
(m) whether it is desirable for the statements of witnesses to be called by one of the parties to the proceedings to be furnished to the Tribunal or to the other parties to the proceedings before the hearing of the proceedings and, if so, when those statements are to be furnished; and
(n) the planning of the conduct of the proceedings, including whether it is desirable to conduct the hearing of the proceedings in stages.
(5.) The presidential member presiding at a preliminary conference—
(a) may, if he thinks fit, adjourn the conference from time to time;
(b) shall fix a time and place for the commencement of the hearing of the proceedings; and
(c) may, by order, give such directions to the parties as he thinks fit in relation to any matters referred to in the last preceding sub-regulation that are matters of procedure or in relation to any other matters of procedure in the proceedings and may from time to time vary or revoke such a direction.
(6.) Where a presidential member has, in pursuance of the last preceding sub-regulation, directed a party to furnish to the Tribunal a copy of a document and the party intends to request the Tribunal to direct, in pursuance of paragraph (b) of sub-section (2.) of section 84 of the Act, that the publication of matters contained in the document be prohibited or restricted, the party may indicate his intention by writing in red ink near the top of the first page of the copy of the document the words “Restriction of publication claimed”.
(7.) A party who does not furnish to the Registrar a notice in accordance with paragraph 4 of Form 5 is not, unless the Tribunal otherwise directs, entitled to receive any further notices in relation to the proceedings.
Copies of documents for Tribunal.
27.—(1.) Subject to the nest succeeding sub-regulation and to any direction given by the Tribunal, the Commissioner shall, not less than five days before the commencement of the hearing of proceedings under section 47 of the Act, lodge with the Registrar three copies of the document by which the proceedings were instituted together with three copies of any documents filed in pursuance of a direction of a presidential member under the last preceding regulation.
(2.) Where a notice under sub-section (2.) of section 16 of the Act has been filed in relation to the proceedings, the Commissioner shall lodge one copy only of the documents referred to in the Last preceding sub-regulation.
Proceedings under section 62 (1.).
28.—(1.) An application under sub-section (1.) of section 62 of the Act for an order of a Review Division of the Tribunal shall be in accordance with Form 6 and shall be filed with the Registrar not more than twenty-one days after the date of the determination to which the application relates.
(2.) Subject to sub-section (2.) of section 88 of the Act, the parties to the proceedings on an application to a Review Division are the persons who were parties to the proceedings in which the determination to which the application relates was made.
(3.) A person who makes an application under section 62 of the Act shall cause notice of the application to be served on all the parties to the proceedings.
(4.) A notice of an application referred to in the last preceding sub-regulation—
(a) shall be in accordance with Form 7;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the application.
(5.) A person who makes an application referred to in sub-regulation (1.) of this regulation shall, not less than five days before the commencement of the hearing by the Review Division, lodge with the Registrar three copies of—
(a) the application;
(b) the determination in respect of which the application is made; and
(c) the reasons stated by the Tribunal for making the determination.
Proceedings under section 64 (1.).
29.—(1.) Where a Review Division makes an order under section 63 of the Act directing the reconsideration of a determination, the President shall fix a time and place for the hearing of the proceedings for the reconsideration of the determination and the Commissioner shall cause notice of the time and place so fixed to be served on all persons who were parties to the proceedings before the Review Division.
(2.) A notice under the last preceding sub-regulation—
(a) shall be in accordance with Form 8;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the order of the Review Division.
(3.) Subject to sub-section (2.) of section 88 of the Act, the parties to the proceedings for the reconsideration of the determination are the persons who were the parties to the proceedings before the Review Division.
(4.) Subject to the next succeeding sub-regulation, the party on whose application the order of the Review Division was made shall lodge with the Registrar, not less than five d.vys before the commencement of the hearing of the proceedings for reconsideration of the determination, three copies of the order of the Review Division.
(5.) Where a notice has been filed under sub-section (2.) of section 16 of the Act in relation to the proceedings, the person shall lodge one copy only of the order referred to in the last preceding sub-regulation.
Application for leave under section 58 (4.).
30.—(1.) An application for leave under sub-section (4.) of section 58 of the Act shall be in accordance with Form 9 and shall be filed with the Registrar.
(2.) The President shall fix a time and place for a preliminary hearing of the application and the Registrar shall notify the applicant of the time and place so fixed.
(3.) On the preliminary hearing, the presidential member constituting the Tribunal for the purposes of the application may—
(a) refuse leave; or
(b) fix a time and place for a further hearing of the application for leave and direct the applicant to cause notice of the time and place so fixed to be served on such persons as the presidential member specifies.
(4.) A notice under the last preceding sub-regulation—
(a) shall be in accordance with Form 10;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the application referred to in sub-regulation (1.) of this regulation.
(5.) Subject to sub-section (2.) of section 88 of the Act, the parties to the proceedings on the application for leave are the applicant and the persons on whom the presidential member has directed notice of the hearing to be served.
(6.) Where on the hearing of an application for leave the presidential member grants leave, he shall direct the applicant to cause notice of any application the applicant makes in pursuance of the leave to be served on such persons as the presidential member specifies.
Application for rescission or variation of order of determination.
31.—(1.) An application under sub-section (1.) of section 58 of the Act shall be in accordance with Form 11 and shall be filed with the Registrar.
(2.) Subject to sub-section (2.) of section 88 of the Act, the parties to the application shall be the applicant and the persons specified in the direction given by the presidential member under sub-regulation (6.) of the last preceding regulation.
(3.) The President shall fix a time and place for the hearing of the application and the Registrar shall notify the applicant of the time and place so fixed.
(4.) The applicant shall cause notice of the application to be served on the other parties to the application.
(5.) The notice of application referred to in the last preceding sub-regulation—
(a) shall be in accordance with Form 12;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the application referred to in sub-regulation (1.) of this regulation.
(6.) Subject to the next succeeding sub-regulation, the applicant shall, not less than five days before the commencement of the hearing of an application referred to in sub-regulation (1.) of this regulation, lodge with the Registrar three copies of—
(a) the order granting leave to make the application;
(b) the application; and
(c) the determination or order to which the application relates.
(7.) Where a notice has been filed under sub-section (2.) of section 16 of the Act, the applicant shall lodge one copy only of each of the documents referred to in the last preceding sub-regulation.
Applications under section 59 (1.).
32.—(1.) An application by the Commissioner under sub-section (1.) of section 59 of the. Act for leave to file a certificate referred to in that sub-section shall be in accordance with Form 13 and shall be filed with the Registrar.
(2.) Subject to any direction of the Tribunal to the contrary, evidence in support of an application referred to in the last preceding sub-regulation shall be given by means of a statutory declaration.
(3.) The President shall fix a time and place for the hearing of the application, and the Registrar shall notify the Commissioner of the time and place so fixed.
(4.) Subject to sub-section (2.) of section 88 of the Act, the Commissioner shall be the only party to the proceedings on the application.
Application under section 59 (3.) for leave to revoke a certificate.
33.—(1.) An application by the Commissioner under sub-section (3.) of section 59 of the Act for leave to revoke a certificate filed under that section shall be in accordance with Form 14 and shall be filed with the Registrar.
(2.) The President shall fix a time and place for the hearing of an application referred to in the last preceding sub-regulation and specify the persons upon whom notice of the application is to be served.
(3.) The Commissioner shall cause notice of the application to be served on the persons specified by the President.
(4.) The notice referred to in the last preceding sub-regulation—
(a) shall be in accordance with Form 15;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the application.
(5.) Subject to sub-section (2.) of section 88 of the Act, the parties to the proceedings on the application shall he the Commissioner and any person specified by the President under sub-regulation (2.) of this regulation.
Applications under section 60.
34.—(1.) An application under sub-section (1.) of section 60 of the Act shall be in accordance with Form 16 and shall be filed with the Registrar.
(2.) Where the applicant will seek to satisfy the Tribunal of the matters referred to in paragraph (a) of sub-section (2.) of section 60 of the Act, the statutory declaration referred to in that paragraph shall be filed with the application.
(3.) The President shall fix a time and place for the hearing of the application and the Registrar shall notify the applicant of the time and place so fixed.
(4.) The applicant shall as soon as practicable cause notice of the application to be served on the Commissioner.
(5.) A notice of application referred to in the last preceding sub-regulation—
(a) shall be in accordance with Form 17;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the application and, if a statutory declaration has been filed in accordance with sub-regulation (2.) of this regulation, a copy of that statutory declaration.
(6.) Subject to sub-section (2.) of section 88 of the Act, the parties to the proceedings shall be the applicant and the Commissioner.
Proceedings before Tribunal after determination of question of law by Court.
35.—(1.) Where a question of law arising in any proceedings before the Tribunal has been referred to. and determined by, the Court in pursuance of section 65 of the Act, any party to the proceedings before the Court may file with the Registrar of the Tribunal an office copy of the order of the Court.
(2.) When a copy of the order of the Court has been filed in pursuance of the last preceding sub-regulation, the President shall fix a time and place for the resumption of the hearing of the proceedings and shall direct that notice of the resumption of the hearing be served on the parties to the proceedings, or on such of those parties as he thinks fit.
(3.) The Registrar shall notify the party by whom the proceedings before the Tribunal were instituted of the time and place fixed by the President for the resumption of the hearing and of the parties upon whom the President directed that notice should be served and that party shall cause notice of the resumption of the hearing to be served on those parties.
(4.) Subject to the next succeeding sub-regulation, the party who instituted the proceedings before the Tribunal shall, not less than five days before the date fixed for the resumption of the hearing of the proceedings, lodge with the Registrar three copies of the order of the Court referred to in sub-regulation (1.) of this regulation.
(5.) Where a notice has been filed under sub-section (2.) of section 16 of the Act, the party shall lodge one copy only of the order referred to in the last preceding sub-regulation.
Applications not otherwise provided for.
36.—(1.) An application to the Tribunal under the Act or these Regulations for which no other procedure is prescribed shall be made by filing with the Registrar an application in accordance with Form 18.
(2.) Subject to any direction of the Tribunal to the contrary, evidence in support of an application referred to in the last preceding sub-regulation shall be given by means of a statutory declaration.
(3.) The President shall fix a time and place for the hearing of an application referred to in sub-regulation (1.) of this regulation and shall specify the persons upon whom notice of the application is to be served.
(4.) The applicant shall cause notice of the application to be served on the persons specified by the President.
(5.) The notice referred to in the last preceding sub-regulation—
(a) shall be in accordance with Form 19;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the application.
(6.) Subject to sub-section (2.) of section 88 of the Act, the parties to the application shall be the applicant and any person specified by the President under sub-regulation (3.) of this regulation.
Summons to witness.
37.—(1.) A summons to a witness under section 83 of the Act shall be in accordance with Form 20.
(2.) A summons under section 83 of the Act shall be served on a person by—
(a) delivering a copy of the summons to the person personally; and
(b) showing the summons to the person at the time at which the copy is delivered to him.
Proceedings may continue notwithstanding non-compliance with Regulations or direction.
38.—(1.) Subject to the next succeeding sub-regulation, the failure by a person in or in relation to proceedings to comply with a provision of these Regulations, or a direction of the Tribunal under these Regulations, does not, unless the Tribunal otherwise directs, prevent the proceedings being heard and determined as if the person had complied with the provision or direction.
(2.) Proceedings to which regulation 23 or sub-regulation (1.) of regulation 28 of these Regulations is applicable shall not be continued if a party to the proceedings has failed to comply with that regulation or that sub-regulation, as the case may be.
Division 3.—Proceedings in respect of the Practice of Resale Price Maintenance.
Application under section 72 (1.).
39.—(1.) An application to the Tribunal under sub-section (1.) of section 72 of the Act shall be in accordance with Form 21 and shall have attached to it a statement setting out the facts and contentions upon which the applicant intends to rely in support of his application.
(2.) For the purpose of sub-section (3.) of section 72 of the Act, the fee is Thirty dollars.
Publication of notice of application.
40.—(1.) The Registrar shall cause particulars of the time and place fixed under the next succeeding regulation for the holding of a preliminary conference in relation to proceedings instituted by application under section 72 of the Act to be stated in any notice of the application published in the Gazette or a newspaper in accordance with sub-section (5.) of that section.
(2.) The last preceding sub-regulation does not apply to a notice of an amended application that is advertised in accordance with sub-section (8.) of section 72 of the Act.
Preliminary conference.
41.—(1.) As soon as practicable after the institution of proceedings under section 72 of the Act, the President shall fix a time and place for a preliminary conference which may be attended by the parties to the proceedings or by their representatives.
(2.) The preliminary conference shall take place before the Tribunal constituted by a presidential member.
(3.) The purpose of the preliminary conference is to facilitate the orderly, convenient and expeditious conduct of the proceedings and, as far as possible, to simplify the proceedings.
(4.) As soon as practicable after the President has fixed the time and place for a preliminary conference in respect of proceedings under section 72 of the Act, the Registrar shall notify the parties to the proceedings of the time and place so fixed.
(5.) Without limiting the generality of sub-regulation (3.) of this regulation, the following matters and questions may be considered at a preliminary conference:—
(a) the representation of the parties in the proceedings;
(b) the questions that are likely to arise in the proceedings;
(c) whether notice of the application instituting the proceedings should be published in any newspapers or additional newspapers or in any trade journals;
(d) the matters that the applicant or any other party, other than the Commissioner, proposes to request the Tribunal to take into account in considering whether to make a determination exempting all or any of the goods from the application of Part VII. of the Act;
(e) the nature of the detriment to the public as consumers or users of the goods that the Commissioner proposes to request the Tribunal to take into account under section 74 of the Act;
(f) the possibility of agreement by the parties on, or admission by a party of, facts or documents;
(g) whether it is desirable for a party, other than the applicant, to furnish to the Tribunal or to another party preliminary statements of facts and contentions;
(h) whether it is desirable for the applicant to furnish to the Tribunal or to another party additional statements of facts and contentions;
(i) whether it is desirable for a party to furnish to the Tribunal or to another party a list of documents relevant to the proceedings that are, or have been, in his possession or control;
(j) whether it is desirable for a party to permit inspection by the Tribunal or another party, or to furnish copies to the Tribunal or to another party, of any documents that are in that party’s possession or control;
(k) whether it is desirable for a party to furnish -to another party written answers to written questions in relation to matters relevant to the proceedings;
(l) whether it is desirable for a list of documents referred to in paragraph (i) of this sub-regulation, a copy of a document referred to in paragraph (j) of this sub-regulation or written answers referred to in paragraph (k) of this sub-regulation to be verified by statutory declaration or authenticated in some other way;
(m) whether it is desirable for an investigation to be made into, or for an inspection to be made of, the books, accounts and records of a party in relation to matters relevant to the proceedings;
(n) the manner in which evidence in relation to particular matters will be presented at the hearing of the proceedings;
(o) whether it is desirable for the statements of witnesses to be called by one of the parties to the proceedings to be furnished to the Tribunal or to the other parties to the proceedings before the hearing of the proceedings and, if so, when those statements are to be furnished; and
(p) the planning of the conduct of the proceedings, including whether it is desirable—
(i) that the proceedings be consolidated with any other proceedings under Part VII. of the Act;
(ii) that the proceedings be conducted concurrently with any other proceedings; or
(iii) that the hearing of the proceedings be conducted in stages.
(6.) The presidential member presiding at a preliminary conference—
(a) may, if he thinks fit, adjourn the conference from time to time;
(b) shall fix a time and place for the commencement of the hearing of the proceedings; and
(c) may, by order, give, as he thinks fit, directions to the parties in relation to any matters referred to in the last preceding sub-regulation that are matters of procedure or in relation to any other matters of procedure in the proceedings and may from time to time vary or revoke such a direction.
(7.) Where a presidential member has, in pursuance of the last preceding sub-regulation, directed a party to furnish to the Tribunal a copy of a document and the party intends to request the Tribunal to direct, in pursuance of paragraph (b) of subsection (2.) of section 84 of the Act, that the publication of matters contained in the document be prohibited or restricted, the party may indicate his intention by writing in red ink near the top of the first page of the copy of the document the words “Restriction of publication claimed”.
(8.) A reference in sub-regulation (5.) of this regulation to goods, in relation to proceedings under section 72 of the Act, shall be read as a reference to the goods specified in the Schedule to the application under that section by which those proceedings were instituted.
Application for leave under section 72 (7.).
42.—(1.) An application for leave under sub-section (7.) of section 72 of the Act shall be in. accordance with Form 22 and shall be filed with the Registrar.
(2.) The President shall fix a time and place for the hearing of the application and the Registrar shall notify the applicant of the time and place so fixed.
(3.) The applicant shall cause notice of the application to be served on each other party to the proceedings.
(4.) A notice under the last preceding sub-regulation—
(a) shall be in accordance with Form 23;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the application referred to in sub-regulation (1.) of this regulation.
Application for directions under section 73.
43.—(1.) An application by the Commissioner under section 73 of the Act shall be in accordance with Form 24 and shall be filed with the Registrar.
(2.) The President shall fix a time and place for the hearing of the application and the Registrar shall notify the Commissioner of the time and place so fixed.
(3.) The Commissioner shall cause notice of the application to be served on each other party to the proceedings.
(4.) A notice under the last preceding sub-regulation—
(a) shall be in accordance with Form. 25;
(b) shall be signed by the Registrar and sealed; and
(c) shall have attached to it a copy of the application referred to in sub-regulation (1.) of this regulation.
Copies of documents for Tribunal.
44.—(1.) Subject to the next succeeding sub-regulation and to any direction given by the Tribunal, the applicant in proceedings under section 72 of the Act shall, not less than five days before the commencement of the hearing of the proceedings, lodge with the Registrar three copies of the document by which the proceedings were instituted together with three copies of any documents filed in pursuance of a direction of a presidential member under regulation 41 of these Regulations.
(2.) Where a notice under sub-section (2.) of section 16 of the Act has been filed in relation to the proceedings, the applicant shall lodge one copy only of the documents referred to in the last preceding sub-regulation.
Application of Division 2 of Part III.
45.—(1.) Except as provided in the next succeeding sub-regulation, Division 2 of this Part does not apply to or in relation to proceedings under section 72 of the Act or to or in relation to proceedings that relate to proceedings under that section.
(2.) Regulations 21, 22, 28, 29, 30, 31, 35, 36, 37 and 38 of these Regulations apply, to the extent to which they are not inconsistent with the provisions of this Division, to any proceedings of a kind referred to in the last preceding sub-regulation.
Part IV.—Overseas Cargo Shipping.
Definition.
In this Part, “the Minister” means the Minister administering Part XII. of the Act.
Office of the Clerk.
The Minister shall notify in the Gazette the address of the office of the Clerk, and any change in that address.
Evidence in respect of lodgment or receipt or non-lodgment or non-receipt of documents with Clerk.
In any proceedings under the Act, a certificate under the hand of the Clerk certifying that any specified fact in relation to the lodgment or receipt or non-lodgment or non-receipt of a document, or of a document of a specified description, appears from the records kept in the office of the Clerk is evidence of that fact.
Service under section 108.
A notice referred to in section 108 of the Act shall be served by delivering the notice personally to the shipowner or, if the shipowner is a body corporate—
(a) by delivering the notice personally to the manager or secretary of the body corporate; or
(b) by leaving it at or by posting it by registered post addressed to the shipowner at—
(i) if the shipowner has a registered office in Australia under a law of a State or Territory of the Commonwealth—that office; or
(ii) if the shipowner does not have such an office—the office (whether in Australia or elsewhere) that, in the opinion of the Minister, is the principal office of the shipowner.
Furnishing of particulars of conference agreements.
50.—(1.) Lodgment of a document or documents in accordance with subsection (6.) of section 111 of the Act shall be effected—
(a) by leaving the document or documents, together with the statutory declaration required by that section, with a person in attendance at the office of the Clerk; or
(b) by sending the document or documents, together with that statutory declaration, from a place in Australia by registered post addressed to the Clerk at the office of the Clerk.
(2.) A document that has been sent in accordance with paragraph (b) of the last preceding sub-regulation shall be deemed to have been lodged with the Clerk at the time at which it was posted.
(3.) A person furnishing particulars of an agreement, or of a variation or determination of an agreement, in accordance with sub-regulation (1.) of this regulation shall lodge with the document or documents containing the particulars a memorandum setting out—
(a) the name and address of the person by whom the particulars are furnished;
(b) a brief description of the document or documents containing the particulars;
(c) a statement that the document containing the particulars is, or the documents containing the particulars are, accompanied by a statutory declaration verifying the document or documents; and
(d) the name and address of the person making the statutory declaration.
(4.) Where the statutory declaration verifying the document or documents containing the particulars is made by a person authorized by the person furnishing the particulars, the declaration shall include—
(a) a statement that the person making the statutory declaration is authorized by the person furnishing the particulars to make that declaration; and
(b) a statement of the facts and circumstances by reason of which the person making the statutory declaration is competent to make that declaration.
Certain particulars not to be furnished.
The particulars that are required to be furnished under Division 2 of Part XII. of the Act do not include particulars of a variation of an agreement effected after the agreement has become subject to filing under that Part in a case where the agreement is varied in relation only to freight rates.
Notice of inquiry by Tribunal under Part XII.
Where the Minister refers a matter to the Tribunal under Part XII. of the Act, the Registrar shall cause to be given such public notice of the fact that the inquiry is to be conducted and of the time and place for the commencement of the inquiry as the President directs.
Part V.—Miscellaneous.
Computation of time.
55.—(1.) Where a period of time dating from a given day, act or event is prescribed by or allowed under these Regulations for doing an act or taking a proceeding, the time shall, unless the contrary intention appears, be reckoned exclusive of the day, or of the day of the act or event, from which the time dates.
(2.) Where the time prescribed by or allowed under these Regulations for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day on which the office of the Registrar is closed, the act may be done or the proceeding may be taken on the first day following that is not a Saturday, Sunday or day on which that office is closed.
Inspection, &c., of records of Tribunal.
54.—(1.) Subject to sub-regulation (3.) of this regulation, an application by a person under paragraph (a) of sub-section (1.) of section 160 of the Act shall be made personally at the office of the Registrar.
(2.) Subject to the next succeeding sub-regulation, an application by a person under paragraph (b) of sub-section (1.) of section 160 of the Act for a copy or a certified copy of a document may be made in writing, specifying the document, sent by post to the office of the Registrar.
(3.) An application by a person under paragraph (a) or paragraph (b) of sub-section (1.) of section 160 of the Act in relation to a document on which the words “Restriction of publication claimed” have been written in accordance with sub-regulation (6.) of regulation 26, or sub-regulation (7.) of regulation 41, of these Regulations shall be made to the Tribunal constituted by a presidential member.
Fees to be paid to Registrar.
55.—(1.) Subject to the next succeeding sub-regulation, the fees to be demanded by, and paid to, the Registrar for the inspection of a document or for the obtaining of a copy of a document in pursuance of the Act shall be ascertained in accordance with the following table:—
Item
Fee
$
Inspection of a document or of a report—
per hour or part of an hour.............................................
1.00
Copy of a document or of a report—
0.50
par page.........................................................
Certified copy of a document or of a report—
per page.........................................................
0.50
and, in addition....................................................
5.00
Image unavailable in extracted textImage unavailable in extracted text(2.) A party to proceedings or a person represented at an inquiry under section 126 of the Act may inspect any documents relating to the proceedings or the inquiry, including the report of the Tribunal on the inquiry, and may receive one certified copy of any such document or of the report, without charge.
THE SCHEDULE
Image unavailable in extracted textForm 1 Regulation 15.
TITLE OF PROCEEDINGS, OTHER THAN PROCEEDINGS TO WHICH FORM 2 RELATES
Commonwealth of Australia
Restrictive Trade Practices Act 1971
In the Trade Practices Tribunal
File No.
Image unavailable in extracted textRe (here insert brief description of relevant agreement or practice).
Form 2 Regulation 15.
TITLE OF PROCEEDINGS UNDER PART VII. OR OF PROCEEDINGS UNDER SECTION 58 OR. DIVISION 3 OF PART VI. THAT RELATE TO PROCEEDINGS UNDER PART VII.
Commonwealth of Australia
Restrictive Trade Practices Act 1971
In the Trade Practices Tribunal
File No.
Re Resale Price Maintenance
Re Application under section 72
by (here insert name of applicant)
In respect of (here insert brief description of goods.)
The Schedule—continued
Form 3 Regulation 23.
(Title)
INSTITUTION OF PROCEEDINGS UNDER SECTION 47 IN RESPECT OF EXAMINABLE AGREEMENT
The Commissioner of Trade Practices, having reason to believe that an examinable agreement, particulars of which are set out in the Schedule below, exists (or has existed), and being of the opinion that a restriction (or restrictions) accepted under that agreement, namely the restriction (or restrictions) particulars of which are set out in the Schedule, is (or are) contrary to the public interest, hereby institutes proceedings in the Trade Practices Tribunal under section 47 of the Restrictive Trade Practices Act 1971 in respect of that restriction (or those restrictions).
2. The following persons are specified as parties to the proceedings:—
(If a person is specified as a party to represent, in accordance with an order of the Tribunal, persons having a common interest in the proceedings, state accordingly, specifying the persons to be represented by him, and refer to the order of the Tribunal. Persons whose names appear in the Schedule may be specified as parties or persons who are to be represented by reference to the Schedule.)
* Leave out if inapplicable.
* 3. Leave to institute these proceedings was granted by the Trade Practices Tribunal on the day of , 19
* 3. A direction under sub-section (2.) or section 60 of the Act was given by the Tribunal in respect of the abovementioned restriction (or restrictions) on the day of , 19
THE SCHEDULE
(Here set out in accordance with section 47 (6.) of the Act particulars of the examinable agreement (including the names of the parties) and the restriction or restrictions accepted under that agreement.)
Dated this day of , 19
Commissioner of Trade Practices
Image unavailable in extracted textForm 4 Regulation 23.
(Title)
INSTITUTION OF PROCEEDINGS UNDER SECTION 47 IN RESPECT OF EXAMINABLE PRACTICE.
The Commissioner of Trade Practices, having reason to believe that (name of person) has engaged in (or is engaging in or proposes to engage in) an examinable practice particulars of which are set out in the Schedule below, and being of the opinion that the practice is contrary to the public interest, hereby institutes proceedings in the Trade Practices Tribunal under section 47 of the Restrictive Trade Practices Act 1971 in respect of that practice.
2. The following persons are specified as parties to the proceedings:—
(if a person is specified as a party to represent, in accordance with an order of the Tribunal, persons having a common interest in the proceedings, state accordingly, specifying the names of the persons to be represented by him and refer to the order of the Tribunal.)
* Leave cut if inapplicable.
* 3. Leave to institute these proceedings was granted by the Trade Practices Tribunal on the day of , 19 .
* 3. A direction under sub-section (2.) of section 60 of the Act was given by the Tribunal in respect of the abovementioned practice on the day of , 19 .
THE SCHEDULE
(Here set out in accordance with section 47 (6.) of the Act particulars of the practice in respect of which the proceedings are to be instituted.)
Dated this day of , 19 .
Commissioner of Trade Practices
The Schedule—continued
Form 5 Regulation 25.
(Title)
NOTICE OF THE INSTITUTION OF PROCEEDINGS UNDER SECTION* 47
To (full name and address of party to whom directed).
TAKE NOTICE that the Commissioner of Trade Practices has, under section 47 of the Restrictive Trade Practices Act 197), instituted proceedings in the Trade Practices Tribunal to which you are a party.
2. A copy of the document by which the proceedings were instituted is attached.
3. In accordance with regulation 26 of the Restrictive Trade Practices Regulations, a preliminary conference in relation to the proceedings, to be presided over by a presidential member of the Tribunal, will be held at (place) on , 19 , at o’clock in the noon.
4. If you wish to participate in the preliminary conference, you should, not later than , 19 , deliver to the Registrar of the Tribunal
a written notice stating—
(a) that you intend to participate in the preliminary conference;
(b) the name of the person by whom you intend to be represented (or that you will attend in person); and
(c) an address at which documents may be served on you for the purposes of the proceedings,
and serve a copy of that notice on the Commissioner.
5. The purpose of the preliminary conference is to facilitate the orderly, convenient and expeditious conduct of the proceedings and, as far as possible, to simplify the proceedings. Particular matters and questions that may be raised for consideration at the conference are referred to in regulation 26 (4.) of the Restrictive Trade Practices Regulations, the terms of which are set out below.
6. You may be represented at the preliminary conference in accordance with section 87 of the Act, the terms of which are set out below.
7. If you do not furnish the notice referred to in paragraph 4, it will be assumed that you do not propose to take part in the preliminary conference or the proceedings that follow and, by virtue of regulation 26 (7.) of the Restrictive Trade Practices Regulations, no further notices in relation to the proceedings will be given to you.
8. Your attention is drawn to regulation 18 of the Restrictive Trade Practices Regulations, which provides that a person shall not be permitted to take any step in, or be heard at the hearing of, proceedings before the Tribunal unless he gives to the Registrar written notice of an address at which documents may be served on him for the purposes of the proceedings and serves a copy of that notice on the Commissioner.
Dated this day of , 19 .
Registrar of the Trade Practices Tribunal
Image unavailable in extracted text(Here set out section 87 of the Act and regulation 26 (4.) of the Regulations.)
Form 6 Regulation 28.
(Title)
APPLICATION FOR AN ORDER OF A REVIEW DIVISION
* Insert whichever is applicable.
* The Commissioner of Trade Practices hereby applies
* I, (name and address of applicant), hereby apply—
for an order of a Review Division of the Tribunal directing a reconsideration, of the determination of the Tribunal dated the day of , 19 .
(File No. ).
2. The grounds of this application are as follows:—
(Here set out the grounds referred to in section 62 (1.) of the Restrictive Trade Practices Act 1971 that are relied upon and indicate—
(a) if the ground in paragraph (a) of the sub-section is relied upon, the other decision of the Tribunal and the nature of the alleged inconsistency;
(b) if the ground in paragraph (b) of the sub-section is relied upon, the matters by reason of which it is claimed that the determination is of such importance that, in the public interest, it should be reconsidered;
(c) if the ground in paragraph (c) is relied upon, the material error of law alleged to have been made by the Tribunal.)
Dated this day of , 19 .
Applicant.
The Schedule—continued
Form 7 Regulation 28.
(Title)
NOTICE OF APPLICATION FOR AN ORDER OF A REVIEW DIVISION
To (full name and address of party to whom directed).
TAKE NOTICE that (name and address of applicant) has, under section 62 (1.) of the Restrictive Trade Practices Act 1971, filed an application for an order of a Review Division of the Tribunal directing a reconsideration of the determination of the Tribunal dated the day of , 19 , and that you are a party to the
proceedings on the application.
2. A copy of the application is attached.
3. The application will be heard by the Tribunal at (place) on 19 , at o’clock in the noon.
Dated this day of , 19 .
Image unavailable in extracted textRegistrar of the Trade Practices Tribunal
Form 8 Regulation 29.
(Title)
NOTICE OF HEARING OF PROCEEDINGS FOR RECONSIDERATION OF DETERMINATION
To (full name and address of party to whom directed).
TAKE NOTICE that the hearing of the proceedings in the Tribunal for reconsideration of the determination dated the day of , 19 , (File No. ) in accordance with the order of the Review Division dated the day of , 19 , will be heard by the Tribunal at (place) on , 19 , at o’clock in the noon.
2. A copy of the order of the Review Division is attached.
Dated this day of , 19 .
Image unavailable in extracted textRegistrar of the Trade Practices Tribunal
Form 9 Regulation 30.
(Title)
APPLICATION FOR LEAVE UNDER SECTION 58
*The Commissioner of Trade Practices hereby applies—
† Insert whichever is applicable.
* I, (name and address of applicant) hereby apply—
for leave to make an application under section 58 of the Restrictive Trade Practices Act 1971 in respect of—
* Insert whichever is applicable.
†the order made by the Tribunal on the day of , 19 , (File No. ).
‡ Leave out the words in brackets if inapplicable.
†the determination made by the Tribunal on the day of , 19 , (File No. ) ‡(and the order (or orders) made in consequence of that determination).
2. Since the making of the order (or determination and order (s) or determination) there has been the following change in circumstances:—
(Here set out particulars of the change in circumstances.)
Dated this day of , 19 .
Applicant.
THE Schedule—continued
Form 10 Regulation 30.
(Title)
NOTICE OF APPLICATION FOR LEAVE UNDER SECTION 58
To (full name and address of party to whom directed.).
TAKE NOTICE that (the Commissioner of Trade Practices or name and address of applicant) has filed an application for leave to apply for an order under section 58 of the Restrictive Trade Practices Act 1971.
2. A copy of the application is attached.
3. The application will be heard by the Tribunal at (place) on the day of , 19 , at o’clock in the noon.
4. At a preliminary hearing on the day of , 19 , the Tribunal directed the applicant to cause notice of the time and place fixed for the hearing of the application to be served on you and by virtue of that direction you are a party to the proceedings on the application.
Dated this day of , 19 .
Registrar of the Trade Practices Tribunal
Image unavailable in extracted textForm 11 Regulation 31.
(Title)
APPLICATION FOR AN ORDER UNDER SECTION 58
* Insert whichever is applicable.
* The Commissioner of Trade Practices hereby applies—
* I, (name and address of applicant), hereby apply—
for an order under section 58 of the Restrictive Trade Practices Act 1971 in respect of—
† Insert whichever is applicable.
†the order made by the Tribunal on the day of , 19 (File No. ).
‡ Leave out the words in brackets if inapplicable.
†the determination made by the Tribunal on the day of , 19 (File No. ) ‡(and the order (or orders) made in consequence of that determination).
2. Leave to make this application was granted by the Trade Practices Tribunal on the day of , 19 .
Dated this day of , 19 .
Applicant.
Image unavailable in extracted textForm 12 Regulation 31.
(Title)
NOTICE OF APPLICATION FOR AN ORDER UNDER SECTION 58
To (full name and address of party to whom directed).
TAKE NOTICE that (the Commissioner of Trade Practices or name and address of applicant) has filed an application for an order under section 58 of the Restrictive Trade Practices Act 1971 and that you are a party to the proceedings on the application.
2. A copy of the application is attached.
3. The application will be heard by the Tribunal at (place) on the day of , 19 , at o’clock in the noon.
Dated this day of , 19 .
Image unavailable in extracted textRegistrar of the Trade Practices Tribunal
Form 13 Regulation 32.
(Title)
APPLICATION FOR LEAVE TO FILE A CERTIFICATE UNDER SECTION 59 (1.)
The Commissioner of Trade Practices, being satisfied that the restriction under an examinable agreement (or the examinable practice) particulars of which are set out in the Schedule below is not contrary to the public interest, hereby applies for leave of the Tribunal to file with the Registrar a certificate to that effect.
* Insert if applicable.
* 2. A direction under section 60 (2.) of the Restrictive Trade Practices Act 1971 was given by the Tribunal in respect of the abovementioned restriction (or practice) on the day of , 19 .
THE SCHEDULE
(Here set out particulars of the examinable agreement and the restriction under that agreement or of the examinable practice.)
Dated this day of , 19 .
Commissioner of Trade Practices
The Schedule—continued
Form 14 Regulation 33.
(Title)
APPLICATION FOR LEAVE UNDER SECTION 59 (3.)
The Commissioner of Trade Practices hereby applies for leave to revoke the certificate that was, on the day of , 19 by leave of the Trade Practices Tribunal, filed with the Registrar and of which a copy is attached.
2. Since that certificate was filed there has been the following change in circumstances:—
(Here set out particulars of the change in circumstances.)
Dated this day of , 19
Image unavailable in extracted textCommissioner of Trade Practices
Form 15 Regulation 33.
(Title)
NOTICE OF APPLICATION UNDER SECTION 59 (3.)
To (full name and address of party to whom directed).
TAKE NOTICE that the Commissioner of Trade Practices has, under section 59 (3.) of the Restrictive Trade Practices Act 1971, filed an application for leave to revoke a certificate filed under section 59 (1.) of that Act and that you are a party to the proceedings on the application.
2. A copy of the application is attached.
3. The application will be heard by the Tribunal at (place)
On , the day of , 19 , at o’clock in the noon.
Dated this day of , 19 .
Image unavailable in extracted textRegistrar of the Trade Practices Tribunal
Form 16 Regulation 34.
(Title)
APPLICATION FOR AN ORDER UNDER SECTION 60
I, (name and address of applicant), being
* Insert whichever is applicable.
* a person who is (or proposes to become) a party to the agreement particulars of which are set out in the Schedule below, hereby apply for an order under section 60 of the Restrictive Trade Practices Act 1971 in respect of (here state the restriction or restrictions in respect of which the application is made).
* a person who is engaged (or proposes to engage) in the practice particulars of which are set out in the Schedule below, hereby apply for an order under section 60 of the Restrictive Trade Practices Act 1971 in respect of that practice.
2. The applicant will seek to satisfy the Tribunal of the matters referred to in paragraph (a) (or paragraph (b)) of sub-section (2.) of section 60 of that Act.
THE SCHEDULE
(Here set out particulars of the agreement or practice in respect of which the application is made.)
Dated this day of , 19 .
Image unavailable in extracted textApplicant
Form 17 Regulation 34.
(Title)
NOTICE OF APPLICATION FOR AN ORDER UNDER SECTION 60
To the Commissioner of Trade Practices.
TAKE NOTICE that (name and address of applicant) has filed an application for an order under section 60 of the Restrictive Trade Practices Act 1971.
2. A copy of the application is attached.
3. The application will be heard by the Tribunal at (place) on, 19 , at ‘clock in the noon.
Dated this day of , 19 .
Registrar of the Trade Practices Tribunal
The Schedule—continued
Form 18 Regulation 36.
(Title)
APPLICATION
* The Commissioner of Trade Practices hereby applies—
* Insert whichever is applicable.
* I, (name and address of applicant), hereby apply—
to the Trade Practices Tribunal for (here set out particulars of the order sought).
This application is made upon the following ground (or grounds):—
(Here set out the ground or grounds upon which the application is made.)
Dated this day of , 19 .
Image unavailable in extracted textApplicant
Form 19 Regulation 36.
(Title)
NOTICE OF APPLICATION
To (full name and address of party to whom directed).
TAKE NOTICE that (name and address of applicant) has filed an application and that you are a party to the proceedings on the application.
A copy of the application is attached.
3. The application will be heard by the Tribunal at (place) on , , 19 , at o’clock in the noon.
Dated this day of , 19
Image unavailable in extracted textRegistrar of the Trade Practices. Tribunal
Form 20 Regulation 37.
(Title)
SUMMONS TO WITNESS
To (full name and address of witness)
You are hereby summoned to attend before the Trade Practices Tribunal at (place) on , 19 , at o’clock in the noon, and thereafter from day to day until the hearing of proceedings in relation to the abovementioned agreement (or practice or application) is completed or until you are released from further attendance.
2. You are required to attend before the Tribunal for the purpose of giving evidence in the proceedings.
* Insert if applicable.
*3. You are required to bring with you and produce the following documents:—
(Here set out the documents required.)
Dated this day of , 19 .
Image unavailable in extracted textPresident (or Deputy President or Member) of the Trade Practices Tribunal.
Form 21 Regulation 39.
(Title)
APPLICATION FOR EXEMPTION UNDER SECTION 72
I (name and address of applicant) hereby apply to the Tribunal under section 72 of the Restrictive Trade Practices Act 1971 for a determination exempting from the application of Part VII. of that Act the goods described in the Schedule to this application.
2. I supply (or intend to supply) the goods otherwise than by way of sale by retail.
3. The exemption is sought in respect of the goods on the ground (or grounds) that, unless the exemption is granted—
(here set out the ground or grounds specified in sub-section (2.) of section 74 of the Act on which the applicant intends to rely).
4. Particulars of the facts and contentions upon which I intend to rely in support of the above-mentioned ground (or grounds) are attached.
5. My address for service for the purpose of regulation. 18 of the Restrictive Trade Practices Regulations is (here insert address in Australia at which documents may be served for the purpose of proceedings.)
the schedule
(Here set out a description of the goods in respect of which the application is made.)
Dated this day of , 19 .
Applicant
The Schedule—continued
Form 22 Regulation 42 (1.).
(Title)
APPLICATION FOR LEAVE TO AMEND UNDER SECTION 72 (7.)
I. (name and address of applicant) hereby apply to the Tribunal for leave to amend the application in these proceedings lodged by me with the Registrar on the
day of , 19 , in the following manner (here set out particulars of amendment sought.)
The grounds of this application are as follows:—
Dated this day of , 19 .
Image unavailable in extracted textApplicant.
Form 23 Regulation 42 (4.).
(Title)
NOTICE OF APPLICATION FOR LEAVE TO AMEND UNDER SECTION 72 (7.)
To (full name and address of party to whom directed)
TAKE NOTICE that (name and address of applicant) has filed an application for leave under section 72 (7.) of the Restrictive Trade Practices Act 1971 to amend the application in these proceedings lodged by him with the Registrar on the day of , 19 .
2. A copy of the application is attached.
3. The application will be heard by the Tribunal at (place) on the day of , 19 , at o’clock in the noon.
Dated this day of , 19 .
Image unavailable in extracted textRegistrar of the Trade Practices Tribunal.
Form 24 Regulation 43 (1.).
(Title)
APPLICATION FOR DIRECTIONS TO AMEND UNDER SECTION 73
The Commissioner of Trade Practices hereby applies to the Tribunal for an order directing (name of applicant in these proceedings) to amend his application in these proceedings lodged with the Registrar on the day of , 19 ,
so as to describe more appropriately the goods in respect of which the application is made (or so as to exclude the goods specified in the Schedule to this application from that application for the reason that the Tribunal cannot otherwise deal satisfactorily with that application).
The grounds of this application are as follows:—
*The Schedule
* Leave out if inapplicable.
Dated this day of , 19 .
Image unavailable in extracted textCommissioner of Trade Practices.
Form 25 Regulation. 43 (4.).
(Title)
NOTICE OF APPLICATION FOR DIRECTIONS TO AMEND UNDER SECTION 73
To (full name and address of party to whom directed)
TAKE NOTICE that the Commissioner of Trade Practices has filed an application for an order under section 73. of the Restrictive Trade Practices Act 1971 directing (full name of applicant in these proceedings) to amend his application in these proceedings lodged with the Registrar on the day of , 19 .
2. A copy of the application is attached,
3. The application will be heard by the Tribunal at (place) on the day
of , 19 , at o’clock in the noon.
Dated this day of , 19 .
Registrar of the Trade Practices Tribunal.
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