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Wednesday, 6 December 2006
Page: 183


Mr Murphy asked the Treasurer, in writing, on 16 October 2006:

Can he advise how many cases have been commenced by the Australian Competition and Consumer Commission under section 46 of the Trade Practices Act 1974 since the High Court’s decision in Boral v. ACCC (2003) 77 ALJR 623; if not, why not.


Mr Costello (Treasurer) —The answer to the honourable member’s question is as follows:

No cases have been commenced under section 46 by the ACCC since the High Court’s decision in Boral v ACCC. However, as foreshadowed by the 2003 Review of the Competition Provisions of the Trade Practices Act (the Dawson Report) the High Court has delivered judgements since Boral v ACCC which have further clarified the operation of the section. These decision were NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90 and Rural Press Ltd v ACCC (2003) 216 CLR 53.

The ACCC is an independent statutory authority and the Government is not involved in its decisions on whether to commence cases under the Trade Practices Act.