Trade Practices Legislation Amendment Bill 2008

Type
Government
Portfolio
Treasury
Originating house
House of Representatives
Status
Act
Parliament no
42

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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.

Progress

House of Representatives
Introduced and read a first time 26 Jun 2008
Second reading moved 26 Jun 2008
Second reading debate 28 Aug 2008
Second reading debate 01 Sep 2008
Second reading agreed to 01 Sep 2008
Third reading agreed to 01 Sep 2008
Senate
Introduced and read a first time 02 Sep 2008
Second reading moved 02 Sep 2008
Second reading debate 15 Sep 2008
Second reading debate 16 Sep 2008
Second reading agreed to 16 Sep 2008
Committee of the Whole debate
  • Amendment details: 6 Opposition and 1 Independent (Xenophon) agreed to
16 Sep 2008
Third reading agreed to 16 Sep 2008
House of Representatives
Consideration 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
16 Oct 2008
Senate
Consideration 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 2008
Text of bill as passed both Houses 10 Nov 2008
Assent
  • Act no.: 116
  • Year: 2008
21 Nov 2008

Documents and transcripts

Text of bill

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Explanatory memoranda

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Proposed amendments

House of representatives

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Senate

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Schedules of amendments

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Bills digest

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Notes

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.