Commonwealth Numbered Acts
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TRADE PRACTICES ACT 1974
TABLE OF PROVISIONS
1. Short title.
5. Extended application of Parts IV and V.
6. Additional operation of Act.
7. Constitution of Commission.
8. Terms and conditions of appointment.
9. Remuneration of members of Commission.
10. Deputy Chairman.
11. Acting Chairman.
12. Leave of absence.
13. Termination of appointment.
16. Arrangement of business.
17. Disclosure of financial interests of members of Commission.
18. Meetings of Commission.
19. Chairman may direct Commission to sit in Divisions.
20. Power to take evidence on oath.
21. Procedure at public hearings by Commission.
22. Hearing in private in certain circumstances.
23. Evidence in form of written statement.
24. Representation at public hearings by Commission.
25. Delegation by Commission.
26. Rights of public servant appointed as Chairman or full-time member.
27. Staff of Commission.
28. Functions of Commission in relation to dissemination of information, law reform and research.
29. Commission to comply with directions of Attorney-General and requirements of Parliament.
30. Constitution of Tribunal.
31. Qualifications of members of Tribunal.
32. Terms and conditions of appointment.
33. Remuneration of members of Tribunal.
34. Acting appointments.
35. Suspension and removal of members of Tribunal.
37. Constitution of Tribunal for particular matters.
38. Validity of determinations.
39. Arrangement of business.
40. Disclosure of financial interests of members of Tribunal.
41. Presidential member to preside.
42. Decision of questions.
43. Member of Tribunal ceasing to be available.
44. Staff of Tribunal.
45. Contracts, arrangements or understandings in restraint of trade or commerce.
47. Exclusive dealing.
48. Resale price maintenance.
49. Price discrimination.
52. Misleading or deceptive conduct.
53. False representations.
54. Offering gifts and prizes.
55. Misleading conduct to which Industrial Property Convention applies.
56. Bait advertising.
57. Referral selling.
58. Accepting payment without intending to supply as ordered.
59. Misleading statements about home-operated businesses.
60. Coercion at place of residence.
61. Pyramid selling.
62. Product safety standards.
63. Product information standards.
64. Assertion of right to payment for unsolicited goods or for making entry in directory.
65. Liability of recipient of unsolicited goods.
67. Conflict of laws.
68. Application of Division to contracts not to be excluded or modified.
69. Implied undertakings as to title, encumbrances and quiet possession.
70. Supply by description.
71. Implied undertakings as to quality or fitness.
72. Supply by sample.
73. Liability for loss or damage from breach of certain contracts.
74. Warranties in relation to the supply of services.
75. Saving of other laws and remedies.
76. Pecuniary penalties.
77. Civil action for recovery of pecuniary penalties.
78. Criminal proceedings not to be brought for contraventions of Part IV.
79. Offences against Part V.
82. Actions for damages.
83. Finding in proceedings to be evidence.
84. Conduct by servants or agents of body corporate.
86. Jurisdiction of Court.
87. Ancillary orders.
88. Power of Commission to grant authorizations.
89. Procedure for applications.
90. Determination of applications for authorizations.
91. Grant, revocation and variation of authorizations.
92. Clearance of contracts, arrangements or understandings in restraint of trade or commerce.
93. Clearance of exclusive dealing.
94. Clearance of mergers.
95. Register in relation to clearances.
96. Acts constituting engaging in resale price maintenance.
97. Recommended prices.
98. Withholding the supply of goods.
99. Statements as to the minimum price of goods.
100. Evidentiary provisions.
101. Applications for review.
102. Functions and powers of Tribunal.
103. Procedure generally.
104. Regulations as to certain matters.
105. Power to take evidence on oath.
106. Hearings to be in public except in special circumstances.
107. Evidence in form of written statement.
108. Taking of evidence by single member.
109. Participants in proceedings before Tribunal.
112. Part IV not to apply.
113. Agreements to which Part applies.
114. Shipowners may be required to be represented by agent and give address for service.
115. Clerk of Shipping Agreements.
116. Agreements subject to filing.
117. Particulars to be furnished of certain agreements, variations and determinations.
118. Failure to furnish particulars to be an offence.
119. Clerk to file particulars.
120. Filed documents to be evidence.
122. Minister may request undertakings.
123. Disapproval of agreements.
124. Effect of disapproval.
125. Reinstatement of disapproved agreement or approval of substituted agreement.
127. Publication and commencement of orders.
128. Minister may request undertakings.
129. Declaration of shipowners.
130. Prohibitions applicable to declared shipowner.
132. Minister may refer certain matters to Tribunal.
133. Minister to consult with shipowners before making reference.
135. Undertakings to Tribunal.
136. Failure to comply with undertaking to be contempt of Tribunal.
137. Punishment of contempt.
138. Protection of certain persons.
139. Publication of reports of Tribunal.
140. Institution of prosecutions.
141. Aiding and abetting.
142. Protection of certain persons.
143. Constitution of Court.
144. Actions for damages.
145. Deferment of action on application of Minister.
146. Findings in contempt proceedings to be evidence.
147. Continuation of certain appointments and proceedings.
148. Commission may retain certain documents.
149. Secrecy in relation to documents furnished under previous law.
150. Certain notices continued.
151. Particulars of agreements continued.
152. Repository of documents continued.
153. Extension of section 121.
154. Undertakings continued.
155. Power of Commission to obtain information, documents and evidence.
156. Inspection of documents by Commission.
157. Disclosure of documents by Commission.
158. Protection of members of Tribunal or Commission, barristers and witnesses.
159. Incriminating answers.
160. Failure of witness to attend.
161. Refusal to be sworn or to answer questions.
162. Contempt of Tribunal or Commission.
164. Proceedings by Commission to be in its official name.
165. Inspection of, furnishing of copies of, and evidence of, documents.
166. Certificates as to furnishing of particulars of agreements.
167. Judicial notice.
168. Presumption that bodies corporate not related.
169. Temporary exercise of jurisdiction by Australian Industrial Court.
170. Legal and financial assistance.
171. Annual report by Commission.
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