(a) the construction, maintenance, repair, treatment, processing, cleaning or alteration of goods or of fixtures on land; (b) the alteration of the physical state of land; 75. 91. (a) a person other than a body corporate may appear in person or may be represented by an employee of the person approved by the Commission; (b) a body corporate may be represented by an employee, or a director or other officer, of the body corporate approved by the Commission; (c) an unincorporated association of persons or a member of an unincorporated association of persons may be represented by a member or officer of the association approved by the Commission; and. 77. (c) if the designated shipper body requests the shipowner to make available for the purposes of the negotiations any information that is reasonably necessary for those purposes and itself makes available for those purposes any such information that the shipowner requests to be made available, the shipowner will make available the information requested by the shipper body. At a public hearing by the Commission. (5) For the purposes of paragraph (4)(b), the communication or production of any matter or document to a person authorized by writing under the common seal of a body corporate to represent the body corporate for the purposes of this section shall be deemed to be communication or production to that body corporate. a statement is used in a sign, advertisement, invoice, catalogue, business letter, business paper, price list or other document or otherwise in a manner likely to lead to the belief that it refers to goods. (2) Subject to this Part, a person (not being a corporation and also in this section called the supplier) engages in the practice of resale price maintenance if that person does an act referred to in any of the paragraphs of sub-section (3) where the second person mentioned in that paragraph is a corporation. The validity of a determination of the Tribunal shall not be affected or called in question by reason of any defect or irregularity in the constitution of the Tribunal. (3) Section 165 does not apply in relation to a report of the Tribunal under this Division. 121. Deferment of action on application of Minister. (b) give directions prohibiting or restricting the publication of evidence given before the Commission or of matters contained in documents lodged with the Commission. (2) The Commission shall take into account any submissions in relation to the application made to it by the applicant or any other person and may, where it considers it appropriate to do so, hold a public hearing in relation to the application. (2) Section 55 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Paris Convention for the Protection of Industrial Property as revised at Stockholm on 14 July 1967 enters into force for Australia. (11) If the applicant for an authorization referred to in sub-section (10) furnishes to the Commission under that sub-section a certificate. (2) Where the Commission is satisfied that it is desirable to do so by reason of the confidential nature of any document or for any other reason, the Commission may direct that a document referred to in paragraph (1)(b) or (c) shall not be included in the register kept under subsection (1). (2) Subject to sub-section (3), where, on or after the commencing date, a corporation sends, in trade or commerce, unsolicited goods to a person, (a) neither the corporation nor any person claiming under the corporation is entitled after the expiration of the period specified in sub-section (4) to take action for the recovery of the goods from the person to whom the goods were sent; and. 139. (ii) has sold, or is likely to sell, goods supplied to him by the supplier, or goods supplied to him by a third person who, directly or indirectly, has obtained the goods from the supplier, at a price less than a price specified by the supplier as the price below which the goods are not to be sold; (e) the supplier withholding the supply of goods to a second person for the reason that a third person who, directly or indirectly, has obtained, or wishes to obtain, goods from the second person, (i) has not agreed not to sell those goods at a price less than a price specified by the supplier; or, (ii) has sold, or is likely to sell, goods supplied to him, or to be supplied to him, by the second person, at a price less than a price specified by the supplier as the price below which the goods are not to be sold; and. In a proceeding under this Part in relation to a contravention of Part V committed by the supplying of goods that did not comply with a consumer product safety standard or in relation to which the supplier did not comply with a consumer product information standard, it is a defence if the defendant establishes, that the goods were acquired by him for the purpose of resupply and were so acquired from a, (b) that he did not know, and could not with reasonable diligence have ascertained, that the goods did not comply with that standard or that he had not complied with that standard in relation to the goods, as the. (4) This section does not apply in relation to, (a) the communication of information to, or the production of a document to, the Tribunal for the purposes of an inquiry under this Part, the Minister or an officer acting on behalf of, and with the authority of, the Minister; or. (4) The requirements of this section may be complied with, (a) in respect of an agreementby any party to the agreement; or. (1) A person dissatisfied with a determination by the Commission in relation to an application for, or in relation to the revocation of, an authorization, not being a determination granting an authorization in pursuance of the requirements of sub-section 90(9) or (11), may, as prescribed and within the time allowed by or under the regulations, apply to the Tribunal for a review of the determination and, if the person was the applicant for the authorization or the Tribunal is satisfied that he has a sufficient interest, the Tribunal shall review the determination. (2) A person appointed under this section holds office as Deputy Chairman until the expiration of his period of appointment as a member of the Commission or until he sooner ceases to be a member of the Commission. The President may give directions as to the arrangement of the business of the Tribunal and the constitution of Divisions of the Tribunal. (c) he believed in good faith that particulars of the agreement, variation or determination furnished to the Clerk by him within the time allowed complied with the requirements of this Act. 33. 2) The regulations may provide that all or any of the provisions of this Act shall not apply to or in relation to conduct engaged in by a specified organization or body that performs functions in relation to the marketing of primary products. (b) a copy of any other document in the possession of the Commission that comes to the attention of the Commission in connexion with the matter to which the application, notice or proceedings relates and tends to establish the case of the corporation. (1) Where there is a vacancy in the office of Chairman, the Governor-General may appoint a person to act as Chairman until the filling of the vacancy. (3) Unless the Tribunal in a particular case otherwise directs, sub-section (2) does not apply in relation to a document furnished to the Tribunal if the person by whom the document was furnished claims, as prescribed, that the document contains matter of a confidential nature. 100. (1) All courts shall take judicial notice of, (a) the official signature of any person who holds or has held the office of President, Deputy President, member of the Tribunal, Chairman, Deputy Chairman, member of the Commission, Registrar or Deputy Registrar and of the fact that that person holds or has held that office; and. (2) For the purposes of sub-paragraph (1)(c)(ii), consideration shall be given to the need to ensure the continuing provision of services by way of overseas cargo shipping and, in that connexion, the conditions under which, on a long term view, shipowners may reasonably be expected to provide such services. 4. Contact CBS47 and let us be On Your Side. of this Act on that date and everything done in relation to those proceedings before that date has effect as if it had been done under this Act or the regulations, as the case requires. For the purposes of proceedings in respect of a contempt of the Court consisting of failure to comply with an injunction under this Part, the Court shall be constituted by not less than three Judges. (c) to deter or prevent a person from engaging in competitive behaviour in that market or in another market. The Silicon Valley VC firm is launching a free startup school for cryptocurrency and blockchain en (ii) the authorization is granted upon the expiration or revocation of another authorization granted to the corporation under sub-section (1) in relation to the contract, arrangement or understanding. The Chairman may give directions as to the arrangement of the business of the Commission. When Schwantes gets a slow speed test result, his first suspicion is usually along the lines of Something is up with my router. If youre reading this on a device connected to Wi-Fi, the first connection you have to the larger internet are your modem and wireless router or your 113. 35. (e) to make known for the guidance of consumers the rights and obligations of persons under provisions of laws of Australia or of the Territories that are designed to protect the interests of consumers. A reference in any of paragraphs (3)(a) to (e), inclusive, including a reference in negative form, to the selling of goods at a price less than a price specified by the supplier shall be construed as including references to. In proceedings under this Act, whether in a court or before the Tribunal or the Commission, it shall be presumed, unless the contrary is established, that bodies corporate are not, or were not at a particular time, related to each other. (c) the corporation applied for the grant of such an authorization, or gave a notice of the proposed acquisition to the Commission under sub-section 94(1), before the expiration of 7 days after the contract was entered into or the expiration of 14 days after the commencing date, whichever was the later, an aquisition of the shares or assets shall not be regarded for the purposes of this Act as having taken place in pursuance of the contract before. Cloverdale, IN 46120. A member of the Tribunal may resign his office by writing signed by him and delivered to the Governor-General. (4) The representation of a person or body in an inquiry under this Division shall be, (a) by a barrister or a solicitor of the Supreme Court of a State or Territory or of the High Court; or. (1) There shall be a Registrar of the Tribunal and such Deputy Registrars of the Tribunal as are appointed in accordance with this section. In the application of this section in proceedings by the Attorney-General or the Commission for an injunction, references to the plaintiff shall be construed as references to a person specified in the application for the injunction as the person in relation to whom the defendant is claimed to have acted as mentioned in paragraph (1)(a). (d) directing another party to the contract to do any act in relation to the first-mentioned party that the Court considers just and equitable. 156. (4) Proceedings before the Court in accordance with this section, (a) may be instituted by summons upon information; and. 171. shares under sub-section 13(2) or (3) of that Act, (a) in the case of an application for an authorization in respect of a proposed acquisition of shares in the capital of a body corporate that is a company to which the, se to which sub-paragraph (12)(b)(ii) appliesthe date referred to in sub-paragraph (i) of this paragraph or the date of revocation of the interim order, whichever first occurs; and. (1) For the purposes of paragraph 96(3)(d) or (e), the supplier shall be deemed to withhold the supply of goods to another person if. (1) When a member of the Tribunal, other than a presidential member, is informed by the President that the President proposes that the member shall be a member of a Division of the Tribunal in any proceedings, the member shall, to the best of his knowledge, disclose to the President any direct or indirect pecuniary interest that the member has in any business carried on in Australia, or in any body corporate carrying on any such business, being an interest that could be in conflict with his duties as a member of the Tribunal in those proceedings. (1) The Chairman may, by writing signed by him, direct that the powers of the Commission under this Act in relation to a matter shall be exercised by a Division of the Commission constituted by the Chairman and such other members (not being less than two in number) as are specified in the direction. A corporation shall not, in trade or commerce, make a false or misleading statement concerning the profitability or risk or any other material aspect of any business activity that the corporation has represented as one that can be, or can be to a considerable extent, carried on at a persons place of residence. (2) An agreement is not an agreement to which this Part applies by reason only of any provision as between shipowners of the one part and shippers of the other part with respect to the terms and conditions that are to be applicable to contracts for outwards cargo shipping. (c) obstruct or hinder an authorized officer acting in pursuance of sub-section (2). (5) If a member of the Tribunal becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Governor-General shall remove him from office. (3) In any proceeding for a contravention of sub-section (1), the onus of establishing that that sub-section does not apply in relation to a discrimination by reason of sub-section (2) is on the party asserting that sub-section (1) does not so apply. (a) that the shipowner has, without reasonable excuse, failed to comply with section 114; (b) that the shipowner has failed to comply with a request for the giving of an undertaking made by the Minister under section 128 in relation to the relevant shipping; (i) the shipowner has failed to comply with an undertaking given under section 128 in relation to the relevant shipping; (ii) the conduct of, or provision of facilities by, the shipowner in relation to the relevant shipping does not have due regard to the need for services by way of overseas cargo shipping to be efficient, economical and adequate; (iii) the conduct of the shipowner in relation to overseas cargo shipping between Australia and a port or the ports to be specified in the order is preventing a person from, or hindering a person in, engaging efficiently, to an extent that is reasonable, in overseas cargo shipping in relation to which he is an Australian flag shipping operator; or. (b) if there is no Deputy Chairman or the Deputy Chairman is not available to act as Chairman, the Attorney-General may appoint a member of the Commission to act as Chairman during the absence of the Chairman, but any such appointment ceases to have effect if a person is appointed as Deputy Chairman or the Deputy Chairman becomes available to act as Chairman. (3) The Clerk, and any staff necessary to assist him, shall be persons employed under the. 153. 1317 W. Lieber Road, Suite 1. 112. d) any person may be represented by a barrister or a solicitor of the Supreme Court of a State or Territory or of the High Court. (i) in a case to which sub-paragraphs (ii), (iii) and (iv) of this paragraph do not applythe date on which a certificate given in respect of the shares in accordance with sub-section 17 (1) of that Act is furnished to the Commission; (ii) in a case to which paragraph (12)(a) appliesthe date referred to in sub-paragraph (i) of this paragraph or the last day of the period of 1 month referred to in paragraph (12)(a), whichever first occurs; (iii) in a case to which sub-paragraph (12)(b)(i) applies the date referred to in sub-paragraph (i) of this paragraph or the date of expiration of the interim order, whichever first occurs; or, (iv) in a case to which sub-paragraph (12)(b)(ii) appliesthe date referred to in sub-paragraph (i) of this paragraph or the date of revocation of the interim order, whichever first occurs; and. A declared shipowner shall not, in respect of outwards cargo shipping to a port specified in the order by virtue of which he is a declared shipowner, (a) enter into a contract, or follow a practice, under which a shipper, (i) is subject to restrictions with respect to, or is subject to any detriment by reason of or in the event of, his giving patronage to another shipowner; or. MarketingTracer SEO Dashboard, created for webmasters and agencies. (1) For the purpose of proceedings before the Court for an offence against this Part, the references in paragraph 163(4)(b) to the Attorney-General shall be read as references to the Minister. as are reasonably necessary to give persons using the goods accurate information as to the quantity, quality, nature or value of the goods. (4) A contract, arrangement or understanding that is not of the kind referred to in sub-section (3) is not in restraint of trade or commerce for. (b) that he took reasonable precautions and exercised due diligence to avoid the contravention. The final check includes: Compliance with (2) Paragraphs 124(2) (b) and (c) do not apply in relation to a conference agreement in respect of which an approval has been given under this section and which has not been disapproved under this Division. (1) Jurisdiction expressed to be conferred on the Superior Court of Australia by this Act shall not be deemed to be so conferred before a court of that name is authorized under another Act to exercise jurisdiction. 69. 39. (b) produce to any person such a document, copy or extract. (d) the making of payments for services or facilities provided in respect of the goods. (1) A corporation shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, being goods of a kind in respect of which a consumer product information standard has been prescribed, unless the corporation has complied with that standard in relation to those goods. 107. (7) This section does not apply to a contract, arrangement or understanding the only parties to which are two or more bodies corporate that are related to each other. 142. (5) This section does not apply to a contract, arrangement or understanding in so far as, (a) the contract, arrangement or understanding is of a kind referred to in sub-section 47(2) or constitutes the practice of exclusive dealing as mentioned in sub-section 47(3) or (4); or. (4) Where, in his discretion, he considers it desirable to do so, the Governor-General may, by order, revoke an order under sub-section (1). (a) do any act or thing in pursuance of, or enforce or purport to enforce, the agreement (including the agreement as varied by any later agreement) so far as it relates to outwards cargo shipping; (b) enter into any other conference agreement (whether with the same parties or with other parties) that relates, in whole or in part, to the carriage of goods from Australia to a place outside Australia that is a place to the carriage of goods to which the disapproved agreement related; or. In proceedings under this Act before the Court, other than proceedings for an offence against a provision of this Division, particulars of an agreement, or of a variation or determination of an agreement, as appearing from a document filed by the Clerk are. Misleading statements about home-operated businesses. (d) provide for the engaging in conduct that is prohibited by this Act. At a meeting of a Division of the Commission at which neither the Chairman nor the Deputy Chairman is present, a member of the Commission nominated for the purpose by the Chairman shall preside. any references in this Act other than in section 55 to trade or commerce were, by express provision, confined to trade or commerce. (c) there is an implied condition that the goods will be free from any defect, rendering them unmerchantable, that would not be apparent on reasonable examination of the sample. Accepting payment without intending to supply as ordered. (3) If either House of the Parliament or a Committee of either House, or of both Houses, of the Parliament requires the Commission to furnish to that House or Committee any information concerning the performance of the functions of the Commission under this Act, the Commission shall comply with the requirement. 32. (c) a statement is used in a sign, advertisement, invoice, catalogue, business letter, business paper, price list or other document or otherwise in a manner likely to lead to the belief that it refers to goods. 34. (1) The Governor-General may terminate the appointment of a member of the Commission by reason of misbehaviour or physical or mental incapacity. (b) where, after so notifying the corporation and other persons (if any) and considering any submissions made by those persons, the Commission is satisfied that the authorization was granted on the basis of evidence or information that was false or misleading in a material particular, that the condition has not been complied with or that there has been such a material change of circumstances, the Commission may make a determination revoking the authorization and, if it considers it appropriate to do so, granting a further authorization in substitution for the authorization so revoked. (3) The Chairman shall give written notice to the Attorney-General of all direct and indirect pecuniary interests that he has or acquires in any business carried on in Australia or in any body corporate carrying on any such business. (3) The penalty for an offence against this section is a fine not exceeding $2,000. Qualifications. The court in which an action under this Division is instituted may, on the application of the Minister, defer or adjourn the hearing of the action where it is satisfied that it is in the interests of justice to do so having regard to any pending or possible prosecution or proceedings for an injunction or for contempt of the Court arising out of disobedience to an injunction. (7) Where a corporation makes an application for an authorization under sub-section 88(7) in relation to the acquisition of shares in the capital of a body corporate that is a company to which the. (v) the work or other subject matter in which the copyright subsists; (b) in the case of a contract authorizing the use of a certification trade markto any provision included in the contract in accordance with rules applicable under Part XI of the Trade Marks Act 1955-1973; or. In proceedings against a person under section 82, a finding of any fact by the Court made in proceedings under section 77, 80 or 81, or for an offence against section 79, in which that person has been found to have contravened a provision of Part IV or V is prima facie evidence of that fact and the finding may be proved by production of a document under the seal of the court from which the finding appears. Free printable Bible character coloring pages, Many important Old Testament and New Testament Biblical characters are included in this set: Adam, Eve, Abel, Cain, Abraham, Enoch, Elijah, Goliath, King David, King Solomon, Methuselah, Moses, Noah, Queen Esther, Samson, Sarah, Isaac, Joseph, Joseph Son of Jacob, Jacob, Rebecca, John the Baptist,.Find and download (4) For the purposes of sub-sections 4 (3a) and (4) of the Superannuation Act 1922-1973 the Chairman and the full-time members of the Commission shall each be deemed to be required, by the terms of his appointment, to give the whole of his time to the duties of his office. (b) the official seal of the Tribunal or of the Commission. Subpoena procedures. (4) For the purposes of this section, a scheme is a trading scheme to which this section applies if the scheme includes the following elements: , (a) goods or services, or both, are to be provided by the person promoting the scheme (in this section referred to as the promoter) or, in the case of a scheme promoted by two or more persons acting in concert (in this section referred to as the promoters), are to be provided by one or more of those persons; and. PART IXREVIEW BY TRIBUNAL OF DETERMINATIONS OF COMMISSION. (3) For the purposes of sub-sections 25(5) and (6) of the Public Service Act 1922-1973, the Chairman shall be deemed to be a Permanent Head. (2) An agreement made on or after that date that is, when made, an agreement to which this Part applies becomes subject to filing upon the making of the agreement. (b) the goods or services so provided are to be supplied to or for other persons under transactions effected by persons (other than the promoter or any of the promoters) who participate in the scheme (each of whom is in this section referred to as a participant). 152. (6) A copy of a determination of, or undertaking given to, the Tribunal, certified to be a true copy under the hand of the Registrar or of a Deputy Registrar, shall be received in all courts as evidence of the determination or undertaking. (1) A person to whom an authorization was granted is entitled to participate in any proceedings before the Tribunal instituted by another person in relation to that authorization. 8. (e) the consumer suffers loss or damage as a result of a breach of a condition that is implied in the contract by virtue of section 70, 71 or 72. the owner is not under any liability to the consumer by reason of the breach of that condition but the consumer may recover the amount of the loss or damage by action in a court of competent jurisdiction against the other corporation. (1) Subject to this section, a corporation shall not, in trade or commerce, engage in the practice of exclusive dealing. Division 2Filing of Conference Agreements. (1) The Minister may serve on each of the parties to a conference agreement who carry on outwards cargo shipping to which the agreement relates a notice in accordance with this section. (1) Subject to this section, a shipper, shipowner or other person who suffers loss or damage by an act of another person done in contravention of section 124 or 130 may recover the amount of the loss or damage by action against that other person. a sale of goods that took place with the consent of the supplier. (3) A corporation shall not assert a right to payment from any person of a charge for the making in a directory of an entry relating to the person or to his profession, business, trade or occupation unless the corporation knows or has reasonable cause to believe that the person has authorized the making of the entry. (d) a reference to the person by whom any antecedent negotiations were conducted is a reference to the person by whom the negotiations or arrangements concerned were conducted or made. (d) an order directing the payment to a person who has suffered loss or damage of the amount of the loss or damage. A Division of the Commission may exercise powers of the Commission under this Act notwithstanding that another Division of the Commission is exercising powers of the Commission at the same time. (7) A presidential member of the Tribunal ceases to hold office if he no longer holds office as a person referred to in paragraph 31(l)(a) or (b). For the purposes of a review of a determination by the Commission, the Tribunal may have regard to any information furnished, documents produced or evidence given to the Commission in connexion with the making of the determination. (a) insult or disturb a member of the Tribunal or a member of the Commission in the exercise of his powers or functions as a member; (b) interrupt the proceedings of the Tribunal or of the Commission; (c) use insulting language towards a member of the Tribunal or a member of the Commission; (d) create a disturbance or take part in creating or continuing a disturbance in or near a place where the Tribunal is sitting or the Commission is holding a public hearing; or. (a) the application in relation to that contract of all or any of the provisions of this Division; (b) the exercise of a right conferred by such a provision; or. (2) The Tribunal may, upon such conditions as it thinks fit, permit a person to intervene in proceedings before the Tribunal. ) Section 165 does not apply in relation to a report of Commission. Let us be On Your Side, and any staff necessary to assist him, shall persons. 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