Commerce Amendment Bill

Hon Dr David Clark

Commerce Amendment Bill

Government Bill

9—2

Contents

Commentary
Key
1Title
2Commencement
3Principal Act
4Section 2 amended (Interpretation)
5Section 3 amended (Certain terms defined in relation to competition)
5ASection 6A amended (Special provisions relating to application of Act to the Crown in right of Australia and to Australian Crown corporations)
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)
8ACross-heading above section 27 replaced
8BSection 28 amended (Covenants substantially lessening competition prohibited)
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 Sections 36 and 36A and cross-heading above section 36 replaced
36Misuse of market power
36AMisuse of market power in trans-Tasman markets
14ASection 44A amended (Exceptions in relation to international liner shipping services)
14BSection 44B amended (Further exception in relation to international liner shipping services (price fixing in relation to space on ship))
15Section 45 repealed (Exceptions in relation to intellectual property rights)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)
21Section 58B amended (Additional provisions relating to authorisations)
22Section 59 amended (Contracts or covenants subject to authorisation not prohibited under certain conditions)
22ASection 59A amended (When Commission may grant authorisation)
23Section 61 amended (Determination of applications for authorisation of restrictive trade practices)
23ANew section 65AAA inserted (Commission may grant interim authorisation)
65AAACommission may grant interim authorisation
23BSection 65AA amended (Applications during epidemic period)
23CSection 65AD amended (Provisional authorisations for certain applications made during epidemic period)
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)
27ASection 82B amended (Offence relating to cartel prohibition)
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
Legislative history

The Parliament of New Zealand enacts as follows: