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Bills of the current Parliament

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Competition and Consumer Amendment (Competition Policy Review) Bill 2017


Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Treasury

Summary

Amends the: Competition and Consumer Act 2010 to: clarify that ‘competition’ includes competition from goods and services that are capable of importation, in addition to those actually imported; confine the application of cartel conduct provisions to conduct affecting competition in Australian markets; change the scope of the joint venture exceptions; remove provisions relating to the anti-competitive disclosure of pricing and other information (known as price signalling); prohibit a corporation from engaging in a concerted practice that has the purpose, effect or likely effect of substantially lessening competition; remove the separate prohibition on exclusionary provisions; define ‘contract’ and ‘party’ to include covenants; increase the maximum penalty applying to breaches of the secondary boycott provisions; prohibit third line forcing only where it has the purpose, effect or likely effect of substantially lessening competition; enable a corporation or person to notify the Australian Competition and Consumer Commission (ACCC) of resale price maintenance conduct, as an alternative to seeking authorisation from the commission for such conduct; provide an exemption from the resale price maintenance prohibition for conduct between related bodies corporate; consolidate authorisation provisions, including those relating to mergers, into a single authorisation process; grant the ACCC with ‘class exemption’ and ‘stop notice’ powers; provide for reviews by the Australian Competition Tribunal of merger authorisation determinations by the ACCC; enable a party bringing certain proceedings to rely on both admissions of fact and finding of fact made in certain other proceedings; extend the ACCC’s power to obtain information, documents and evidence in relation to investigations of alleged contraventions or court enforceable undertakings and merger authorisation determinations, and introduce a ‘reasonable search’ defence in relation to the failure or refusal to comply with a notice to produce such documents; implement recommendations made by the Productivity Commission in relation to the National Access Regime; streamline administration of the Act, particularly in relation to requirements of the Australian Consumer Law; and make consequential amendments; and Radiocommunications Act 1992 to make consequential amendments.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 30/03/17  
Second reading moved 30/03/17  
Second reading debate 05/09/17  
Second reading agreed to 05/09/17  
Third reading agreed to 05/09/17  
     
Senate
Introduced and read a first time 06/09/17  
Second reading moved 06/09/17  
Second reading debate 16/10/17  
Second reading agreed to 16/10/17  
Committee of the Whole debate 16/10/17 Amendment details: 1 Opposition agreed to
Third reading agreed to 16/10/17  
     
House of Representatives
Message from Senate reported 16/10/17  
Consideration of Senate message 18/10/17 Details: House agreed to Senate amendment
     
Finally passed both Houses 18/10/17  
Assent 27/10/17 Act no: 114 - Year: 2017
     

Text of bill

  • First reading

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  • As passed by both Houses

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Explanatory memoranda

  • Explanatory memorandum

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  • Addendum to explanatory memorandum

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Second reading speeches


Proposed amendments

Senate
  • Opposition [sheet 8223]
GALLAGHER, Sen Katy

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  • Pauline Hansons One Nation [sheet 8289]
ROBERTS, Sen Malcolm

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Schedules of amendments

  • Schedule of the amendment made by the Senate

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Bills Digest



Notes
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)