Trade Practices Legislation Amendment Bill 2008

Type
Government
Portfolio
Treasury 
Originating house
House of Representatives 
Status
Act 
Parliament no
42
Summary
In response to certain recommendations of the Senate Economics References Committee’s report into the effectiveness of the
Trade Practices Act 1974
  in protecting small business, the bill amends section 46 of the
Trade Practices Act 1974
  to: address predatory pricing; clarify the role of recoupment in predatory pricing cases; clarify the meaning of ‘take advantage’; confer jurisdiction on the Federal Magistrates Court in matters arising under the section; and amend the competition code similarly. Also amends the
Australian Securities and Investments Commission Act 2001
  and
Trade Practices Act 1974
  to: require a Deputy Chairperson of the Australian Competition and Consumer Commission (ACCC) to have a small business background; remove the price thresholds applicable to unconscionable conduct cases; and clarify the ACCC’s information gathering powers. 

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Progress

House of Representatives
26 Jun 2008Introduced and read a first time
26 Jun 2008Second reading moved
28 Aug 2008Second reading debate
01 Sep 2008Second reading debate
01 Sep 2008Second reading agreed to
01 Sep 2008Third reading agreed to
Senate
02 Sep 2008Introduced and read a first time
02 Sep 2008Second reading moved
15 Sep 2008Second reading debate
16 Sep 2008Second reading debate
16 Sep 2008Second reading agreed to
16 Sep 2008Committee of the Whole debate

Amendment details: 6 Opposition and 1 Independent (Xenophon) agreed to
16 Sep 2008Third reading agreed to
House of Representatives
16 Oct 2008Consideration of Senate message

Details: House agreed to Senate amendments nos 1,3,4,6 and 7, disagreed to amendments nos 2 and 5, and made 6 further amendments
Senate
10 Nov 2008Consideration of House of Reps message

Details: Senate did not insist on its amendments nos 2 and 5 and agreed to House further amendments


10 Nov 2008Text of bill as passed both Houses
21 Nov 2008Assent

Act no.: 116

Year: 2008

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Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changed to the bill. For details about the outcome of proposed amendments please refer to either theĀ Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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