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Notice given 26 September 2002

197  Senator Allison: To move—That the Senate—

(a) requires advice from the Australian Competition and Consumer Commission (ACCC) on its progress in responding to the Senate order of 27 June 2002 and its expected date of reporting to the Senate; and

(b) requires the ACCC to investigate and report to the Senate by 22 October 2002 on:

(i) the amount of money collected by tobacco retailers from consumers in respect of state and territory tobacco franchise fees relating to the period 1 July 1997 to 5 August 1997 but not forwarded by tobacco retailers or wholesalers to the states and territories or to the Commonwealth (‘the windfall’), and the amount of recoverable interest accrued since 5 August 1997,

(ii) the appropriate federal legislative response to Justice Kirby’s High Court judgment of 6 December 2001 in Roxborough v Rothmans viz, ‘The “windfall” should remain with the wholesaler to await the legislative measures (if any) for disgorgement to the benefit of users of tobacco, products or otherwise, as the Federal Parliament may enact’, and

(iii) its recommendations on the possible distribution of the windfall and/or appropriate use of the windfall in anti-smoking measures and litigation against tobacco companies that have engaged in misleading and deceptive conduct or unconscionable behaviour and similar recommendations in respect of the proceeds of any such litigation.