Trade Practices Legislation Amendment Bill 2008

Summary

In response to certain recommendations of the Senate Economics References Committee’s report into the effectiveness of the Trade Practices Act 1974 in protecting small business, the bill amends section 46 of the Trade Practices Act 1974 to: address predatory pricing; clarify the role of recoupment in predatory pricing cases; clarify the meaning of ‘take advantage’; confer jurisdiction on the Federal Magistrates Court in matters arising under the section; and amend the competition code similarly. Also amends the Australian Securities and Investments Commission Act 2001 and Trade Practices Act 1974 to: require a Deputy Chairperson of the Australian Competition and Consumer Commission (ACCC) to have a small business background; remove the price thresholds applicable to unconscionable conduct cases; and clarify the ACCC’s information gathering powers.

Progress

House of Representatives
Introduced and read a first time	26 Jun 2008
Second reading moved	26 Jun 2008
Second reading debate	28 Aug 2008
Second reading debate	01 Sep 2008
Second reading agreed to	01 Sep 2008
Third reading agreed to	01 Sep 2008

Senate
Introduced and read a first time	02 Sep 2008
Second reading moved	02 Sep 2008
Second reading debate	15 Sep 2008
Second reading debate	16 Sep 2008
Second reading agreed to	16 Sep 2008
Committee of the Whole debate Amendment details: 6 Opposition and 1 Independent (Xenophon) agreed to	16 Sep 2008
Third reading agreed to	16 Sep 2008

House of Representatives
Consideration of Senate message Details: House agreed to Senate amendments nos 1,3,4,6 and 7, disagreed to amendments nos 2 and 5, and made 6 further amendments	16 Oct 2008

Senate
Consideration of House of Reps message Details: Senate did not insist on its amendments nos 2 and 5 and agreed to House further amendments	10 Nov 2008


Text of bill as passed both Houses	10 Nov 2008
Assent Act no.: 116 Year: 2008	21 Nov 2008

Documents and transcripts

Text of bill

First reading

As passed by both Houses

Explanatory memoranda

Explanatory memorandum

Supplementary explanatory memorandum

Transcript of speeches

Proposed amendments

House of representatives

Government [sheet RC409]

Senate

Independent [sheet 5582]
XENOPHON, Sen Nick

Opposition [sheet 5572 revised]
BRANDIS, Sen George

Schedules of amendments

Schedule of the amendments made by the Senate

Schedule of the amendments made by the Senate to which the House of Representatives has disagreed

Bills digest

Bills Digest

Notes

Referred to Committee (26/06/2008): Senate Economics Committee
Committee report (26/08/2008)
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)

Helpful information

Text of bill

First reading: Text of the bill as introduced into the Parliament
Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.