Commerce Amendment Act 1996
Commerce Amendment Act 1996
Commerce Amendment Act 1996
Commerce Amendment Act 1996
Public Act |
1996 No 113 |
|
Date of assent |
2 September 1996 |
|
Contents
An Act to amend the Commerce Act 1986
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title
This Act may be cited as the Commerce Amendment Act 1996, and shall be read together with and deemed part of the Commerce Act 1986 (hereinafter referred to as the principal Act).
2 Application of Act to conduct outside New Zealand
Section 4 of the principal Act (as substituted by section 5 of the Commerce Amendment Act 1990) is hereby amended by adding the following subsection:
“(3)
Without limiting subsection (1) of this section, section 47 of this Act extends to the acquisition outside New Zealand by a person (whether or not the person is resident or carries on business in New Zealand) of the assets of a business or shares to the extent that the acquisition affects a market in New Zealand.”
3 Saving in respect of business acquisitions
The principal Act is hereby amended by inserting, after section 45, the following section:
“46
Nothing in this Part of this Act applies—
“(a)
To the entering into of a contract or arrangement or the arriving at of an understanding in so far as the contract, arrangement, or understanding contains a provision that provides for the acquisition or disposition of assets of a business or shares; or
“(b)
To any act done to give effect to a provision of a contract, arrangement, or understanding that provides for the acquisition or disposition of assets of a business or shares.”
4 Determination of applications for authorisation of restrictive trade practices
Section 61 of the principal Act (as amended by section 21 of the Commerce Amendment Act 1990) is hereby amended by inserting, after subsection (6), the following subsection:
“(6a)
For the purposes of subsection (6) of this section, a lessening in competition includes a lessening in competition that is not substantial.”
5 Jurisdiction of High Court
Section 75(1)(b) of the principal Act (as amended by section 25 of the Commerce Amendment Act 1990) is hereby amended by inserting, after subparagraph (ii), the following subparagraph:
“(iia)
Actions for damages under section 84a of this Act:”.
6 Lay members of High Court in certain cases
Section 78(1) of the principal Act (as amended by section 26(1) of the Commerce Amendment Act 1990) is hereby amended by inserting, after the expression “36a”
,, the expression “37, 38”
,.
7 General provisions relating to granting of injunctions
Section 88 of the principal Act is hereby amended by inserting, after subsection (3), the following subsection:
“(3a)
The Commission is not liable to pay an amount exceeding $40 million in damages pursuant to an undertaking to pay damages given by the Commission in connection with an application by the Commission to the Court for the granting of an injunction under this Part of this Act.”
8 Supply of information and documents in relation to section 36a
Section 98h(2) of the principal Act (as substituted by section 34 of the Commerce Amendment Act 1990) is hereby amended by omitting the words “Australian Trade Practices Commission”
, and substituting the words “Australian Competition and Consumer Commission”
.
9 Commission may receive information and documents on behalf of Australian Competition and Consumer Commission
Section 99a of the principal Act (as inserted by section 36 of the Commerce Amendment Act 1990) is hereby amended by omitting from subsection (1), and also from subsection (2), the words “Australian Trade Practices Commission”
in each place where they appear, and substituting the words “Australian Competition and Consumer Commission”
.
10 Commission may state case for opinion of High Court
The principal Act is hereby amended by inserting, after section 100, the following section:
“100a
“(1)
The Commission may at any time state a case for the opinion of the Court on any question of law arising in any matter before it.
“(2)
The Court may order the removal into the Court of Appeal of any case stated for the opinion of the Court under this section.
“(3)
The Court or the Court of Appeal, as the case may be, shall hear and determine the question, and shall remit the case with its opinion to the Commission.”
11 Delegation by Commission
Section 105(1) of the principal Act is hereby amended by inserting, after the word “Act”
, the words “or under the Fair Trading Act 1986”
.
12 Judicial notice
Section 106a of the principal Act (as inserted by section 40 of the Commerce Amendment Act 1990) is hereby amended by omitting from paragraph (c), and also from paragraph (d), the words “Australian Trade Practices Commission”
in each place where they appear, and substituting the words “Australian Competition and Consumer Commission”
.
13 Other amendments to principal Act
(1)
Section 3(9) of the principal Act (as added by section 3(3) of the Commerce Amendment Act 1990) is hereby amended by inserting, after the number “2”
where it first appears, the word “or”
.
(2)
Section 6a(b) of the principal Act (as inserted by section 6 of the Commerce Amendment Act 1990) is hereby amended by omitting the reference to the year “1984”
, and substituting a reference to the year “1974”
.
(3)
Section 17 of the principal Act is hereby amended by omitting the words “or fascimile”
(as inserted by section 9 of the Commerce Amendment Act 1990), and substituting the words “or facsimile”
.
(4)
Section 9 of the Commerce Amendment Act 1990 is hereby consequentially repealed.
This Act is administered in the Ministry of Commerce.