Under the Trade Practices Act, the ACCC may authorise arrangements or conduct that might otherwise raise concern under the Act’s competition provisions. If granted authorisation, arrangements are protected from legal action by the ACCC and by third parties.
Authorisation may only be granted when an arrangement is demonstrated to be in the public interest.
The Retail Energy Market Company Ltd is seeking a renewal of the existing authorisation of chapter 5, 'Allocation, reconciliation and swing', and chapter 6, 'Disputes', of the Retail Market Rules and the associated ancillary deeds commencing 31 May 2009. The RMR are the rules under which the gas retail market systems operate in South Australia and Western Australia.
On 27 May 2009 the ACCC granted interim authorisation to the arrangements.
Chevron Australia on behalf of current and future participants in the Gorgon Gas Project is seeking authorisation to:
jointly discuss and negotiate common terms and conditions, including price, under which natural gas produced for sale to customers in Western Australia (domgas) will be offered for sale by the applicants
enter into and give effect to contracts, arrangements or understanding between the applicants containing common terms and conditions, including price and price arbitrations/determinations, upon which domgas will be offered for sale and sold by the applicants
for any gas sales agreements entered into during the period of any interim and final authorisation for the supply of domgas, continue to give effect jointly to the provisions of such agreements over their term.
Port Waratah Coal Services Limited and the Newcastle Coal Infrastructure Group sought authorisation to effectively extend the operation of a capacity balancing system —called the Stage 1 allocation system—at the Port of Newcastle while the industry developed and implemented a long-term solution to ongoing capacity issues in the Hunter Valley.
On 13 May 2009 the ACCC issued its final determination granting authorisation to the Stage 1 allocation system until 30 June 2009, as requested.
The Mortgage and Finance Association of Australia sought reauthorisation of its disciplinary rules, which are part of the regime governing the conduct of MFAA members. On 30 March 2009 the MFAA amended its application for revocation and substitution.
On 27 May 2009 the ACCC issued a determination granting authorisation to the MFAA's disciplinary rules for five years subject to the condition that the MFAA deletes rule 4.7.1A.
The Lottery Agents Association of Victoria is seeking authorisation to collectively negotiate on behalf of itself and its members the terms and conditions of retailer agreements and arrangements with Tattersall's Sweeps Pty Ltd and Intralot Australia Pty Ltd.
On 6 May 2009 the ACCC issued a draft determination proposing to grant authorisation to the arrangements.
The Australian Newsagents Federation is seeking authorisation to collectively bargain with newspaper publishers and magazine publishers and distributors on behalf of current and future ANF members.
These arrangements have been previously authorised by the ACCC.
On 15 May 2009 the ACCC issued a draft determination proposing to grant conditional authorisation to the proposed arrangements for five years. On 15 May 2009 the ACCC also granted the interim authorisation allowing the arrangements authorised in 2004 to continue while the ACCC considers the current proposal.
The TAB Agents' Association of New South Wales is seeking authorisation for present and future members of the association to collectively negotiate with Tabcorp (or any entity that holds the licence to conduct off-course totalizator for the purposes of s. 12 of the Totalizator Act).
Australian Brick and Blocklaying Training Foundation Ltd
The Australian Brick and Blocklaying Training Foundation is seeking reauthorisation on behalf of itself, Think Brick Australia and the Concrete Masonry Association of Australia and their members to apply a levy of $2 per 1000 clay bricks sold and 10 cents per square metre on concrete and masonry walling products sold in Victoria, New South Wales, Queensland, Western Australia, South Australia, Tasmania and the Australian Capital Territory.
On 13 May 2009 the ACCC granted interim authorisation to the arrangements.
Woodside Energy Ltd and Benaris International Pty Ltd
Woodside Energy Ltd and Benaris International Pty Ltd are two of the four partners in the Otway Gas Project unincorporated joint venture. The joint venture, operated by Woodside, extracts liquefied petroleum gas from offshore fields south of Port Campbell, Victoria. Woodside and Benaris are seeking authorisation for three years to jointly market and sell their shares of the joint venture's LPG to a common customer or customers.
On 6 May 2009 the ACCC granted interim authorisation to the arrangements.
Information Technology Contract and Recruitment Association
The Information Technology Contract and Recruitment Association has lodged an application seeking minor variation of authorisation A91063 granted to it in 2008. ITCRA seeks to alter its code of conduct in relation to the provisions on contractor transitioning found in clauses 7.1 and 7.2 and Schedule A.
Forestry Tasmania, Tasmania Softwood Fund and Southern Hemisphere Softwood Strategies (joint venture participants) are seeking authorisation for the relevant provisions of a joint venture agreement and related arrangements for the planting, cultivating, harvesting, processing, marketing and selling of softwood logs in Tasmania.
The joint venture involves the participants appointing Timberlands Pacific Pty Ltd to manage the joint venture assets, agreeing that each would appoint the manager as their exclusive sales agent, establishing (and continuing to develop) common marketing plans and entering into joint sales agreements with customers.
The Australasian College of Cosmetic Surgery is seeking authorisation for its code of practice and parts of its by-laws. The code of practice and relevant by-laws contain advertising guidelines and guidelines for informed consent as well as processes for dealing with complaints under the code of practice.
The ACCS has revised its code of practice. Authorisation is now sought for the revised code.
Cashcard Australia Limited and Bank of China (Australia) Limited
Cashcard Australia and the Bank of China (Australia) are seeking authorisation to enter into an unincorporated joint venture to establish, market and promote a sub-network of automatic teller machines owned and developed by the applicants and any future members of the network. The applicants are also seeking authorisation to allow members of the network to agree not to directly charge cardholders of other members of the network for transactions undertaken at any ATMs owned by the member.
Tabcorp Manager Pty Ltd is seeking authorisation to give effect to the agreements entered into between Tabcorp and ACTTAB Ltd on 20 March 2009 and between Tabcorp and Racing and Wagering Western Australia on 16 March 2009. The ACTTAB and RWWA 2009 agreements govern ACTTAB’s and RWWA’s participation in the SuperTAB Pool operated by Tabcorp.
TOTE Tasmania, ACTTAB and Racing and Wagering Western Australia (the applicants) are seeking authorisation for:
an agreement entered into between the applicants on 16 February 2009 relating to the formation of a joint venture with respect to the supply of fixed odds wagering services on sports, racing and other events and the appointment of Centrebet Pty Ltd to provide wagering and risk management services and ancillary services to the applicants; and
an agreement entered into between the applicants, Centrebet Pty Ltd and Centrebet International Ltd (as guarantor) on 16 February 2009 under which Centrebet Pty Ltd agrees to provide the wagering and risk management services and ancillary services to the applicants.
