Commerce Amendment Bill

Hon Dr David Clark

Commerce Amendment Bill

Government Bill



Explanatory note
3Principal Act
4Section 2 amended (Interpretation)
5Section 3 amended (Certain terms defined in relation to competition)
6Section 7 amended (Law relating to restraint of trade and breaches of confidence not affected)
7Section 9 amended (Membership of Commission)
8Section 13 amended (Termination of appointment of members)
9Section 30 amended (Prohibition on entering into or giving effect to cartel provision)
10Section 30A amended (Meaning of cartel provision and related terms)
11Section 30B amended (Additional interpretation relating to cartel provisions)
12Section 30C amended (Cartel provisions generally unenforceable)
13Section 31 amended (Exception for collaborative activity)
14Section 36 and cross-heading replaced
36Misuse of market power
15Section 45 repealed (Exceptions in relation to intellectual property rights)
16Section 46 amended (Saving in respect of business acquisitions)
17Section 48 amended (Interpretation)
18Section 51A amended (Competition study terms of reference)
19Section 58 amended (Commission may grant authorisation for restrictive trade practices)
20Section 58A amended (Effect of authorisation)
21Section 58B amended (Additional provisions relating to authorisations)
22Section 59 amended (Contracts or covenants subject to authorisation not prohibited under certain conditions)
23Section 61 amended (Determination of applications for authorisation of restrictive trade practices)
24Section 65A amended (Commission may give clearances relating to cartel provisions)
25Section 65B amended (Effect of clearance under section 65A)
26Section 69 amended (Effect of clearance or authorisation)
27Section 80C amended (Court may order certain persons to be excluded from management of body corporate)
28Section 83 amended (Pecuniary penalties relating to business acquisitions)
29Section 89 amended (Other orders)
30Section 92 amended (Persons entitled to appeal)
31New cross-heading above section 98 inserted
32New sections 99AA and 99AB and cross-headings inserted
99AASharing of information and documents with public service agencies, statutory entities, and Reserve Bank
99ABCommission may impose conditions on provision of information or documents
33Section 99C amended (Definitions of terms used in sections 99B to 99P)
34New cross-heading above section 100 inserted
35Consequential amendment to Fair Trading Act 1986
36Consequential amendment to Takeovers Act 1993
37Consequential amendment to Fuel Industry Act 2020
38Schedule 1AA amended

The Parliament of New Zealand enacts as follows: