Two new plain-English guides explaining parts of the Trade Practices Act 1974 have been issued by the Australian Competition and Consumer Commission.
In the interests of procedural transparency, the ACCC has issued Section 155 of the Trade Practices Act and Collection and use of information as part of its procedural guide series.
The ACCC relies heavily on the receipt of information to carry out its responsibilities as a law enforcement and regulatory authority. The two new publications detail its powers to gather and use information.
Section 155 of the Trade Practices Act outlines the statutory powers of the ACCC to obtain information and documents and the procedures adopted.
Although the ACCC generally prefers to get information through cooperation, there are instances where it will use its mandatory powers under s.155. This is usually done by notice, but in some circumstances ACCC staff can be authorised to enter premises to inspect and copy documents.
The guide also outlines the scope of the ACCC's powers, how and when they are used, the formal requirements of s.155 notices issued, how to comply, and the limits of the power under s.155.
Collection and use of information explains how information gathered in enforcement activities is used by the ACCC. The ACCC recognises the importance of preserving the confidentiality of information providers, and cannot use the information for purposes other than the performance of its duties. The ACCC must comply with statutory requirements relating to confidential information.
The ACCC carries out various functions under the Trade Practices Act and may receive information in one part of the organisation which is subsequently used by a different part of the ACCC.
Both publications are available from all ACCC offices or from Mr Robert Booth on
(02) 6243 1143 for $10 postage paid.
Further information
Ms Lin Enright, Director, Public Relations, (02) 6243 1108 or (0414) 613 520
Mr Robert Booth, Publications Officer, (02) 6243 1143
MR 302/00
8 November 2000