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Amendments to the Trade Practices Act



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138

AMENDMENTS TO THE TRADE PRACTICES ACT

The Attorney-General, Mr Kep. Enderby Q.C.,

said today the Government would amend the Trade Practices

Act to give the Australian Industrial Court a wider '

jurisdiction in matters arising under the Act.

Mr Enderby said the legislation would be ■ ■

introduced in the coming session of Parliament.

The amendments would vest in the Australian

Industrial Court the power to make declaratory judgments

on the operation or effect of any provision of the Trade

Practices Act or in relation to the validity of action

taken under the Act. It was also proposed to give the

Industrial Court, for the purposes of the Trade Practices

Act, the power to make.orders by way of prerogative writs

and injunctions. The Court would have exclusive

jurisdiction in these matters except for the jurisdiction

of the High Court of Australia.

The Attorney-General said the Industrial Court

already had exclusive jurisdiction in actions for

pecuniary penalties, damages, injunctions and.divestitures

under Part VI of the Act, and all prosecutions under the Act

The amendments arose from the need for consistent

interpretations of the Trade Practices Act. Such

consistent interpretations were vital to businessmen

seeking,to understand and comply with the terms of the

Act. This could best be achieved by allowing a particular

court to develop specialised expertise in this complex law.

139.

Mr Enderby said the proposed amendments would not

prevent State and Territory Courts from deciding matters

involving the Trade Practices Act arising in a proceeding

or cross proceeding in those Courts, where the parties

were not seeking a declaration or order of the kind which

will be exclusive to the Australian Industrial Court.

CANBERRA . .

July 30, 1975 ' '

53/75 ·

APPOINTMENT OF A.L.A.O. OFFICER

The Attorney-General, Mr Kep. Enderby, Q.C.,

announced today the appointment of a prominent Perth

Magistrate, Mr Peter Sharkey, as deputy director of the

Australian Legal Aid Office in Western Australia.

Mr Sharkey, who is 34, will take up his

appointment on September 1, 1975. Mr Sharkey graduated

LLB from Melbourne University in 1962 and was admitted

in 1963 as a barrister and solicitor of the Supreme

Court of Victoria. In 1967 he was admitted as a Barrister

and Solicitor of the Supreme Court of Western Australia,

and in 1972 was appointed as a Stipendary Magistrate in ;

Perth.

Mr Enderby said today he was pleased that the

Australian Legal Aid Office would gain the services of

one of the State's most respected Magistrates.

Commenting on the appointment, Mr Enderby said:

'I have given Mr Sharkey an undertaking that the special

circumstances of Western Australia - particularly its

remoteness from Canberra - will be taken into account in

the running of the Australian Legal Aid Office.