Trade Practices Regulations

STATUTORY RULES

1967 No.

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REGULATIONS UNDER THE TRADE PRACTICES ACT 1965-1967.*

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 Trade Practices Act 1965-1967.

Dated this twentieth day of July, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd.) NIGEL BOWEN

Attorney-General.

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TRADE PRACTICES REGULATIONS

Part I.—Preliminary

Citation.

1. These Regulations may be cited as the Trade Practices Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-6).

Part II.—Registration (Regulations 7-8).

Part III.—The Tribunal.

Division 1.—General (Regulations 9-18).

Division 2.—Procedure (Regulations 19-36).

Part IV.—Overseas Cargo Shipping (Regulations 37-43).

Part V.—Miscellaneous (Regulations 44-47).

Definitions.

3. In these Regulations—

“proceedings” means proceedings in the Tribunal;

“sealed” means sealed with the seal of the Tribunal;

“the Act” means the Trade Practices Act 1965-1967;

“the Clerk” means the Clerk of Shipping Agreements under Part Xa. of the Act.

Forms.

4.—(1.) In these Regulations, a reference to a Form by number shall be read as a reference to the Form so numbered in the First Schedule to these Regulations.

(2.) Strict compliance with the Forms in the First Schedule to these Regulations is not necessary and substantial compliance, or such compliance as the circumstances of a particular case allow, is sufficient.

(3.) Where a document is required to be in accordance with a Form in the First 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.

Offices and office hours of Commissioner.

5.—(1.) The Commissioner shall maintain an office in Canberra, Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart and Darwin.

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* Notified in the Commonwealth Gazette on 1967.

4466/67—Price 25c 6/12.7.1967

(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 1922-1967 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 or non-lodgment or non-receipt of documents with Commissioner.

6. 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.

Part II.—Registration

Furnishing of particulars under section 42.

7.—(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.

8. 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

Seal of the Tribunal.

9.—(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.

10. 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 1922-1967 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 of documents.

11.—(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.

File numbers of proceedings.

12.—(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 ail proceedings that, in the opinion of the Registrar, are related to each other.

Title of proceedings.

13.—(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.

(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.

References to Commissioner in documents.

14. Where it is necessary to refer to the Commissioner in a document in or in relation to proceedings, the reference shall be to the Commissioner by his official title only.

Signature and scaling of notice of proceedings.

15.—(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 service.

16.—(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.

Service of documents.

17.—(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 corporation—by delivering the document personally to the manager or secretary of the corporation, or, if the corporation 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 corporation at that office or, if the corporation does not have such a registered office, by posting it by registered post addressed to the corporation at its principal place of business in Australia; or

(ii) where the person is not a corporation—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 (6.) of section 47 of the Act; or

(b) a summons referred to in section 82 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.

18.—(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.

19.—(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 of the Act continues to be effective for the purposes of any proceedings under Division 3 of Pan 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 17 (2).

20.—(1.) A notice under sub-section (2.) of section 17 of the Act shall be filed with the Registrar not less than seven days 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 stale 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.

21. Proceedings under section 47 of the Act shall be instituted by the Commissioner, and the Commissioner shall comply with his obligation under sub-section (5.) 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 2; or

(b) in the case of proceedings relating to an examinable practice—a document in accordance with Form 3.

Parties to proceedings.

22.—(1.) Subject to sub-regulation (8.) of regulation 19 of these Regulation; and to any direction of the Tribunal under sub-section (2.) of section 77 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 19 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 17 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 complied with sub-regulations (2.) and (3.) of this regulation.

Notice of proceedings under section 47.

23.—(1.) For the purposes of sub-section (6.) of section 47 of the Act, a notice of proceedings—

(a) shall be in accordance with Form 4;

(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.

24.—(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 73 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 4 is not, unless the Tribunal otherwise directs, entitled to receive any further notices in relation to the proceedings.

Copies of documents for Tribunal.

25.—(1.) Subject to the next succeeding sub-regulation, 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 17 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 63 (1.).

26.—(1.) An application under sub-section (1.) of section 63 of the Act for an order of a Review Division of the Tribunal shall be in accordance with Form 5 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 77 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 63 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 6;

(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.

Reconsideration proceedings under section 65 (1.).

27.—(1.) Where a Review Division makes an order under section 64 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 7;

(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 77 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, no less than five days 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 17 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 (3.).

28.—(1.) An application for leave under sub-section (3.) of section 58 of the Act shall be in accordance with Form 8 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 9;

(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 77 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.

29.—(1.) An application under sub-section (1.) of section 58 of the Act shall be in accordance with Form 10 and shall be filed with the Registrar.

(2.) Subject to sub-section (2.) of section 77 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 11;

(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 17 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.)

30.—(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 12 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 77 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.

31.—(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 13 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 14;

(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 77 of the Act, the parties to the proceedings on the application shall be the Commissioner and any person specified by the President under sub-regulation (2.) of this regulation.

Applications under section 61.

32.—(1.) An application under sub-section (1.) of section 61 of the Act shall be in accordance with Form 15 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 61 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 16;

(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 77 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.

33.—(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 66 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 17 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.

34.—(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 17.

(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 18;

(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 77 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.

35.—(1.) A summons to a witness under section 72 of the Act shall be in accordance with Form 19.

(2.) A summons under section 72 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.

36.—(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 21 or sub-regulation (1.) of regulation 26 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.

Part IV.—Overseas Cargo Shipping

Definition.

37. In this Part, “the Minister” means the Minister administering Part Xa. of the Act.

Office of the Clerk.

38. 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.

39. 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 90D.

40. A notice referred to in section 90d of the Act shall be served by delivering the notice personally to the shipowner or, if the shipowner is a corporation—

(a) by delivering the notice personally to the manager or secretary of the corporation; 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 docs 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 conferences agreements.

41.—(1.) Lodgment of a document or documents in accordance with subsection (6.) of section 90g 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.

42. The particulars that are required to be furnished under Division 2 of Part Xa. 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 XA.

43. Where the Minister refers a matter to the Tribunal under Part Xa. 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.

44.—(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.

Exemption under section 106 (2.).

45.—(1.) None of the provisions of the Act apply to such of the agreements made by, or practices of, an organization or body specified in the first column of the Second Schedule to these Regulations as are specified in the second column of that Schedule opposite to the name of the organization or body.

(2.) A reference in the Second Schedule to these Regulations to “canned deciduous fruits” means canned fruits being canned apricots, canned peaches, canned pears or canned mixed fruits having a fruit content not less than fifty-five per centum of which consists of one or more of the fruits specified in this definition.

Inspection, &c., of records of Tribunal.

46.—(1.) Subject to sub-regulation (3.) of this regulation, an application by a person under paragraph (a) of sub-section (1.) of section 97 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 97 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 97 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 24 of these Regulations shall be made to the Tribunal constituted by a presidential member.

Fees to be paid Registrar.

47.—(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:—

(2.) A party to proceedings or a person represented at an inquiry under section 90X 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.

View image in the official source

THE SCHEDULES

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FIRST SCHEDULE

Form 1 Regulation 13.

TITLE OF PROCEEDINGS

Commonwealth of Australia

Trade Practices Act 1965-19

In the Trade Practices Tribunal

File No.

Re (here insert brief description of relevant agreement or practice).

First Schedule—continued

Form 2 Regulation 21.

(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 Trade Practices Act 1965-19 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 hint, 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.) of section 61 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 (5.) 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

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Form 3 Regulation 21.

(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) (or a combination consisting of (names of members of combination)) 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 Trade Practices Act 1965-19 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 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.) of section 61 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 (5.) 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

First Schedule—continued

Form 4 Regulation 23.

(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 Trade Practices Act 1965-19 , 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 24 of the 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 24 (4.) of the Trade Practices Regulations, the terms of which are set out below.

6. You may be represented at the preliminary conference in accordance with section 76 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 24 (7.) of the Trade Practices Regulations, no further notices in relation to the proceedings will be given to you.

8. Your attention is drawn to regulation 16 of the 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

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(Here set out section 16 of the Act and regulation 24 (4.) of the Regulations.)

First Schedule—continued

Form 5 Regulation 26.

(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—

far 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 63 (1.) of the Trade Practices Act 1965-19 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 imporance 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

––––––

Form 6 Regulation 26.

(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 63 (1.) of the Trade Practices Act 1965-19 , 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 .

Registrar of the Trade

Practices Tribunal

––––––

Form 7 Regulation 27.

(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 .

Registrar of the Trade

Practices Tribunal

First Schedule—continued

Form 8 Regulation 28.

(Title)

APPLICATION FOR LEAVE UNDER SECTION 58

* Insert whichever is applicable.

*The Commissioner of Trade Practices hereby applies—

* I, (name and address of applicant), hereby apply—

for leave to make an application under section 58 of the Trade Practices Act 1965-19 in respect of—

† Insert whichever is applicable.

† the order made by the Tribunal on the day of , 19 , (File No. ).

† 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 determination (or determination and order (s) or order) there has been the following change in circumstances:—

(Here set out particulars of the change in circumstances.)

Dated this day of , 19 .

Applicant

––––––

Form 9 Regulation 28.

(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 Trade Practices Act 1965-19 .

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.

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

––––––

Form 10 Regulation 29.

(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 Trade Practices Act 1965-19 in respect of—

† the order made by the Tribunal on the day of 19 . (File No. ).

† Insert whichever is applicable.

† 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

First Schedule—continued

Form 11 Regulation 29.

(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 Trade Practices Act 1965-19 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 the day of , 19 , at o’clock in the noon.

Dated this day of , 19 .

Registrar of the Trade

Practices Tribunal

––––––

Form 12 Regulation 30

(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 61 (2.) of the Trade Practices Act 1965-19 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

––––––

Form 13 Regulation 30.

(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 .

Commissioner of Trade Practices

––––––

Form 14 Regulation 31.

(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 Trade Practices Act 1965-19 , 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 .

Registrar of the Trades

Practices Tribunal

First Schedule—continued

Form 15 Regulation 32.

(Title)

APPLICATION FOR AN ORDER UNDER SECTION 61

* Insert whichever is applicable.

I, (name and address of applicant), being

* 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 61 of the Trade Practices Act 1965-19 in respect of (here state the restriction or restrictions in respect of which the application is made).

* a person who (or a member of a combination which) 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 61 of the Trade Practices Act 1965-19 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 61 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 .

Applicant

–––––

Form 16 Regulation 32.

(Title)

NOTICE OF APPLICATION FOR AN ORDER UNDER SECTION 61

To the Commissioner of Trade Practices.

TAKE NOTICE that (name and address of applicant) has filed an application for an order under section 61 of the Trade Practices Act 1965-19 .

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 .

Registrar of the Trade

Practices Tribunal

–––––

Form 17 Regulation 34.

(Title)

APPLICATION

* Insert whichever is applicable.

* The Commissioner of Trade Practices hereby applies—

* I, (name and address of applicant), hereby apply—

to the Trade Practices Tribunal for (here set out particulars of the order sought).

2. 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 .

Applicant

First Schedule—continued

Form 18 Regulation 34.

(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.

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 .

Registrar of the Trade

Practices Tribunal

Form 19 Regulation 35.

(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) 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 applicants.

* 3. You are required to bring with you and produce the following documents:—

(Here set out documents required.)

Dated this day of , 19 .

President (or Deputy President

or Member) of the Trade Practices Tribunal.

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SECOND SCHEDULE Regulation 45.

ORGANIZATIONS AND BODIES EXEMPTED FROM ACT IN PURSUANCE OF SECTION 106 (2.)

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra