Conduct Code Agreement

WHEREAS the Council of Australian Governments at its meeting in Hobart on 25 February 1994 agreed to the principles of competition policy articulated in the report of the National Competition Policy Review;

AND WHEREAS the Parties intend to achieve and maintain constant and complementary competition laws and policies which will apply to all businesses in Australia regardless of ownership;

THE COMMONWEALTH OF AUSTRALIA THE STATE OF NEW SOUTH WALES THE STATE OF VICTORIA THE STATE OF QUEENSLAND THE STATE OF WESTERN AUSTRALIA THE STATE OF SOUTH AUSTRALIA THE STATE OF TASMANIA THE AUSTRALIAN CAPITAL TERRITORY, AND THE NORTHERN TERRITORY OF AUSTRALIA agree as follows:

Interpretation

1.(1) In this Agreement, unless the context indicates otherwise:

“Commission” means the Australian Competition and Consumer Commission established by the Trade Practices Act;

“Commonwealth Minister” means the Commonwealth Minister responsible for competition policy;

“Competition Code” means the text in:

(a) the Schedule version of Part IV of the Trade Practices Act; (b) the remaining provision of that Act (except sections 2A, 5, 6

and 172), so far as they would relate to the Schedule version if the Schedule version were substituted for Part IV ; and

(c) the regulations under that Act, so far as they relate to any provision covered by paragraph (a) or (b) applying as a law of a participating jurisdiction;

“Competition Laws” means:

(a) Part IV of the Trade Practices Act and the remaining provisions of that Act, so far as they relate to that Part; and

(b) the Competition Code of the participating jurisdictions;

“Council” means the National Competition Council established by the Trade Practices Act;

“fully-participating jurisdiction” means:

(a) until the end of twelve months after the day on which the Competition Policy Reform Act 1995 receives the Royal Assent ó a State or Territory that is a party to this Agreement; and

(b) after that date - has the meaning given by section 4 of the Trade Practices Act;

“jurisdiction” means the Commonwealth, a State, the Australian Capital Territory or the Northern Territory of Australia;

“legislation” includes Acts, enactments, Ordinances and regulations;

“modifications” has the meaning given by section 150A of the Trade Practices Act;

“participating jurisdiction” has the meaning given by section 150A of the Trade Practices Act;

“Party” means a jurisdiction that has executed, and has not withdrawn from, this Agreement;

“Trade Practices Act” means the Trade Practices Act 1974.