Peter Costello (Higgins, Liberal Party, Treasurer) Share this | Hansard source

I indicate to the House that the government proposes that amendment (1) be disagreed to, but that amendments be made in place thereof, that amendments (2) to (6) be agreed to and that a further nine relevant amendments be made. May I suggest, therefore, that it may suit the convenience of the House to first consider amendment (1), then amendments (2) to (6) and, when those amendments have been disposed of, to consider the further amendments. I move:

That Senate amendment No. 1 be disagreed to but in place thereof government amendments Nos 1 to 49 be made:

(1)    Schedule 1, item 6, page 4 (lines 1 and 2), omit the definition of proceedings in section 29P, substitute:

proceedings includes:

             (a)    applications made to the Tribunal under Subdivision C of Division 3 of Part VII; and

             (b)    applications made to the Tribunal under section 111 (about review of the Commission’s decisions on merger clearances).

(2)    Schedule 1, items 7 and 8, page 4 (lines 3 to 13), omit the items, substitute:

7  Section 39

Before “The”, insert “(1)”.

proceedings includes:

Note:                The heading to section 39 is replaced by the heading “President may give directions”.

Note:   Subsection 103(2) provides that any presidential member may exercise powers with respect to matters of procedure in proceedings before the Tribunal.

Commission must make a determination on the application

Determination varying clearance may also vary clearance conditions

Powers of Commission

Commission must make a determination

Powers of Commission

Substituted clearances

Note 2:  Division 2 of Part IX contains provisions about procedure and evidence that relate to proceedings before the Tribunal.

Note:   The Commission may be represented by a lawyer: see paragraph 110(d).

Tribunal must make a determination on the application

Determination varying authorisation may also vary authorisation conditions

Tribunal must make a determination

Substituted authorisations

proceedings includes:

Note:   Division 2 contains provisions about procedure and evidence that relate to proceedings before the Tribunal.

merger clearance register means the register kept under section 95AH.

The Trade Practices Legislation Amendment Bill (No. 1) 2005 implements the recommendations of the 2000 review of competition provisions of the Trade Practices Act chaired by Sir Daryl Dawson.

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