Competition and Consumer Act - Australia

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      (b) include a statement explaining why the Tribunal has been unable to make a decision on the review within the consideration period.

      (9) The Tribunal must give a copy of the notice to:

      (a) the person who applied for review; and

      (b) if the application for review is made under section 44K, 44L, 44LJ, 44LK or 44O — the Council; and

      (c) if the application for review is made under section 44PG, 44PH, 44ZP, 44ZX or 44ZZBF — the Commission; and

      (d) any other person who has been made a party to the proceedings for review by the Tribunal.

      Publication

      (10) If the Tribunal extends the consideration period under subsection (7), it must publish a notice in a national newspaper:

      (a) stating that it has done so; and

      (b) specifying the day by which it must now make a decision on the application for review.

      Failure to comply with time limit does not affect validity

      (11) Failure by the Tribunal to comply with a time limit set in this section does not affect the validity of a decision made by the Tribunal under this Part.

      44ZZP Regulations about review by the Tribunal

      (1) The regulations may make provision about the following matters in relation to the functions of the Tribunal under this Part:

      (a) the constitution of the Tribunal;

      (b) the arrangement of the business of the Tribunal;

      (c) the disclosure of interests by members of the Tribunal;

      (d) determining questions before the Tribunal and questions that arise during a review;

      (e) procedure and evidence, including the appointment of persons to assist the Tribunal by giving evidence (whether personally or by means of a written report).

      (2) Regulations made for the purposes of subsection (1) do not apply in relation to the functions of the Tribunal under a State/Territory energy law or a designated Commonwealth energy law.

      Note: See section 44ZZR.

      44ZZQ Regulations about fees for inspection etc. of registers

      The regulations may make provision about the inspection of registers maintained under this Part (including provision about fees).

      44ZZR Procedure of the Tribunal when performing functions under a State/Territory energy law or a designated Commonwealth energy law

      (1) Sections 103, 105, 106, 107, 108 and 110 of this Act apply to the Tribunal when performing functions under a State/Territory energy law or a designated Commonwealth energy law.

      (2) The regulations may make provision about the following matters in relation to the functions of the Tribunal under a State/Territory energy law or a designated Commonwealth energy law:

      (a) the constitution of the Tribunal;

      (b) the arrangement of the business of the Tribunal;

      (c) the disclosure of interests by members of the Tribunal;

      (d) determining questions before the Tribunal and questions that arise during a review;

      (e) procedure and evidence, including the appointment of persons to assist the Tribunal by giving evidence (whether personally or by means of a written report);

      (f) the fees and expenses of witnesses in proceedings before the Tribunal.

      (3) Subsection (1), and regulations made for the purposes of subsection (2), have no effect to the extent (if any) to which they are inconsistent with the State/Territory energy law, or the designated Commonwealth energy law, concerned.

      Part IV Restrictive trade practices

      Division 1

      Cartel conduct

      Subdivision A

      Introduction

      44ZZRA Simplified outline

      The following is a simplified outline of this Division:

      • This Division sets out parallel offences and civil penalty provisions relating to cartel conduct. • A corporation must not make, or give effect to, a contract, arrangement or understanding that contains a cartel provision. • A cartel provision is a provision relating to: (a) price-fixing; or (b) restricting outputs in the production and supply chain; or (c) allocating customers, suppliers or territories; or (d) bid-rigging; by parties that are, or would otherwise be, in competition with each other.

      44ZZRB Definitions

      In this Division:

      annual turnover, of a body corporate during a 12-month period, means the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during the 12-month period, other than:

      (a) supplies made from any of those bodies corporate to any other of those bodies corporate; or

      (b) supplies that are input taxed; or

      (c) supplies that are not for consideration (and are not taxable supplies under section 72-5 of the A New Tax System (Goods and Services Tax) Act 1999); or

      (d) supplies that are not made in connection with an enterprise that the body corporate carries on; or

      (e) supplies that are not connected with Australia.

      Expressions used in this definition that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.

      benefit includes any advantage and is not limited to property.

      bid includes:

      (a) tender; and

      (b) the taking, by a potential bidder or tenderer, of a preliminary step in a bidding or tendering process.

      evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

      likely, in relation to any of the following:

      (a) a supply of goods or services;

      (b) an acquisition of goods or services;

      (c) the production of goods;

      (d) the capacity to supply services;

      includes a possibility that is not remote.

      obtaining includes:

      (a) obtaining for another person; and

      (b) inducing a third person to do something that results in another person obtaining.

      party has a meaning affected by section 44ZZRC.

      production includes manufacture, processing, treatment, assembly, disassembly, renovation, restoration, growing, raising, mining, extraction, harvesting, fishing, capturing and gathering.

      44ZZRC Extended meaning of party

      For the purposes of this Division, if a body corporate is a party to a contract, arrangement or understanding (otherwise than because of this section), each body corporate related to that body corporate is taken to be a party to that contract, arrangement or understanding.

      44ZZRD Cartel provisions

      (1)

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