Exceptions under commonwealth, state and territory legislation

Some federal, state and territory acts permit conduct that would normally contravene the Trade Practices Act. Section 51(1) of the Trade Practices Act provides that such conduct may be permitted if it is specifically authorised under those other acts.

Below is a list of the legislation that allows such conduct or provides for regulations to be made authorising particular conduct. The list includes legislation that the ACCC has been notified of or has otherwise become aware of.

Federal

• Trade Practices Act 1974; s. 173
• Wheat Marketing Act 1989
• Australian Postal Corporation Act 1989
• Payment Systems (Regulation) Act 1998
• Payment Systems (Regulation) Regulations 2006

New South Wales

• Registered Clubs Act 1976
• Liquor Act 1982
• Rice Marketing Act 1983
• Poultry Meat Industry Act 1986
• Grain Marketing Act 1991
• Hunter Water Act 1991
• Competition Policy Reform (New South Wales) Act 1995
• Competition Policy Reform (New South Wales) Savings and Transitional Regulation 1996
• Farm Produce (Repeal) Act 1996
• Industrial Relations Act 1996
• Health Services Act 1997
• Protection of the Environment Operations Act 1997
• Totalizer Act 1997
• Casino Control Regulation 2001
• Coal Industry Act 2001
• Gaming Machines Act 2001
• Industrial Relations (Ethical Clothing Trades) Act 2001
• Wine Grapes Marketing Board (Reconstitution) Act 2003
• James Hardie Former Subsidiaries (Winding up and Administration) Act 2005
• Racing Legislation Amendment Act 2006
• World Youth Day Act 2006

Queensland

• Forestry Act 1959
• Chicken Meat Industry Committee Act 1976
• Gladstone Power Station Agreement Act 1993
• Transport Operations (Passenger Transport) Act 1994
• Competition Policy Reform (Queensland) Act 1996
• Sugar Industry Act 1999

Victoria

• State Owned Enterprises Act 1992
• Electricity Industry (Residual Provisions) Act 1993
• Gas Industry (Residual Provisions) Act 1994
• Water Industry Act 1994
• Competition Policy Reform (Victoria) Act 1995
• Health Services Act 1998
• Gas Industry Act 2001
• Outworkers (Improved Protection) Act 2003
• Legal Profession Act 2004
• Owner Drivers and Forestry Contractors Act 2005

Tasmania

• Electricity Supply Industry Act 1995
• Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995
• Competition Policy Reform (Tasmania) Act 1996

Western Australia

• North West Gas Development (Woodside) Agreement Act 1979
• Energy Coordination Act 1994
• Competition Policy Reform (Western Australia) Act 1996
• Grain Marketing Act 2002
• Electricity Industry (Wholesale Electricity Market) Regulations 2004
• Electricity Industry Act 2004
• Electricity Corporations Act 2005

South Australia

• Industries Development Act 1941
• Cooper Basin (Ratification) Act 1975
• Roxby Downs (Indenture Ratification) Act 1982
• Competition Policy Reform (South Australia) Act 1996
• Authorised Betting Operations Act 2000
• Authorised Betting Operations Regulations 2001
• Chicken Meat Industry Act 2003

Northern Territory

• Consumer Affairs and Fair Trading Act 1990
• Competition Policy Reform (Northern Territory) Act 1996
• Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations
• Electricity Reform Act 2000
• Water Supply and Sewerage Act 2000

Australian Capital Territory

• Health Act 1993
• Competition Policy Reform Act 1996
• Financial Management Act 1996
• Government Procurement Act 2001
• Road Transport (Public Passenger Services) Act 2001
• Territory Records Act 2002
• Cemeteries and Crematoria Act 2003
• Insurance Authority Act 2005