Message received from the House of Representatives returning the Trade Practices Legislation Amendment Bill (No. 1) 2005 and informing the Senate that the House has agreed to amendments Nos (2) to (6) made by the Senate, has disagreed to amendment No. (1), and has made further amendments to the bill.

Ordered that the message be considered in Committee of the Whole immediately.

House of Representatives message—

(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.

95AK Commission may seek further information and consult others

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.

95AZD Tribunal may seek further information and consult others etc.

95AZEA Tribunal must require Commission to give report

95AZF Commission to assist Tribunal

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

95AZFA Commission may make enquiries

Tribunal must make a determination on the application

Determination varying authorisation may also vary authorisation conditions

Tribunal must make a determination

Substituted authorisations

102A Definition

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.

Note:      The heading to section 101A is altered by inserting “or 93AC(1) or (2)” after “or (3A)”.