Commerce Amendment Bill

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Hon Dr David Clark

Commerce Amendment Bill

Government Bill

9—2

	Commentary
	Key
1	Title
2	Commencement
3	Principal Act
	Part 1 Amendments to principal Act
4	Section 2 amended (Interpretation)
5	Section 3 amended (Certain terms defined in relation to competition)
5A	Section 6A amended (Special provisions relating to application of Act to the Crown in right of Australia and to Australian Crown corporations)
6	Section 7 amended (Law relating to restraint of trade and breaches of confidence not affected)
7	Section 9 amended (Membership of Commission)
8	Section 13 amended (Termination of appointment of members)
8A	Cross-heading above section 27 replaced
		Contracts, arrangements, understandings, or covenants substantially lessening competition
8B	Section 28 amended (Covenants substantially lessening competition prohibited)
9	Section 30 amended (Prohibition on entering into or giving effect to cartel provision)
10	Section 30A amended (Meaning of cartel provision and related terms)
11	Section 30B amended (Additional interpretation relating to cartel provisions)
12	Section 30C amended (Cartel provisions generally unenforceable)
13	Section 31 amended (Exception for collaborative activity)
14	~~Section 36~~ Sections 36 and 36A and cross-heading above section 36 replaced
		Misuse of market power
	36	Misuse of market power
	36A	Misuse of market power in trans-Tasman markets
14A	Section 44A amended (Exceptions in relation to international liner shipping services)
14B	Section 44B amended (Further exception in relation to international liner shipping services (price fixing in relation to space on ship))
15	Section 45 repealed (Exceptions in relation to intellectual property rights)
16	Section 46 amended (Saving in respect of business acquisitions)
17	Section 48 amended (Interpretation)
18	Section 51A amended (Competition study terms of reference)
19	Section 58 amended (Commission may grant authorisation for restrictive trade practices)
20	Section 58A amended (Effect of authorisation)
21	~~Section 58B amended (Additional provisions relating to authorisations)~~
21	Section 58B amended (Additional provisions relating to authorisations)
22	Section 59 amended (Contracts or covenants subject to authorisation not prohibited under certain conditions)
22A	Section 59A amended (When Commission may grant authorisation)
23	Section 61 amended (Determination of applications for authorisation of restrictive trade practices)
23A	New section 65AAA inserted (Commission may grant interim authorisation)
	65AAA	Commission may grant interim authorisation
23B	Section 65AA amended (Applications during epidemic period)
23C	Section 65AD amended (Provisional authorisations for certain applications made during epidemic period)
24	Section 65A amended (Commission may give clearances relating to cartel provisions)
25	Section 65B amended (Effect of clearance under section 65A)
26	Section 69 amended (Effect of clearance or authorisation)
27	Section 80C amended (Court may order certain persons to be excluded from management of body corporate)
27A	Section 82B amended (Offence relating to cartel prohibition)
28	Section 83 amended (Pecuniary penalties relating to business acquisitions)
29	Section 89 amended (Other orders)
30	Section 92 amended (Persons entitled to appeal)
31	New cross-heading above section 98 inserted
		Powers relating to evidence
32	New sections 99AA and 99AB and cross-headings inserted
		Power to share information and documents with public service agencies, statutory entities, and Reserve Bank
	99AA	Sharing of information and documents with public service agencies, statutory entities, and Reserve Bank
	99AB	Commission may impose conditions on provision of information or documents
		Assistance to overseas regulators
33	Section 99C amended (Definitions of terms used in sections 99B to 99P)
34	New cross-heading above section 100 inserted
		Offences, regulations, and administrative provisions
	Part 2 Transitional, related, and consequential amendments
35	Consequential amendment to Fair Trading Act 1986
36	Consequential amendment to Takeovers Act 1993
37	Consequential amendment to Fuel Industry Act 2020
38	Schedule 1AA amended
	Schedule New Part 4 inserted into Schedule 1AA
	Legislative history

The Parliament of New Zealand enacts as follows:

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