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Commerce Act 1986

6A: Special provisions relating to application of Act to the Crown in right of Australia and to Australian Crown corporations

You could also call this:

"Rules for when the Australian government and its companies do business"

Illustration for Commerce Act 1986

The law applies to the Australian government and some Australian companies when they do business. You need to know that this includes the Australian government, and companies owned by the Australian government, when they engage in trade. The law also applies to companies owned by the Australian states when they do business.

The law that applies to these companies is found in parts of the Commerce Act, such as section 36A, Part 5, Schedule 1AA, and Parts 6 and 7. These parts of the law relate to section 36A and Part 5, and Schedule 1AA. They also relate to rules about what happens when companies break the law, and what powers can be used to deal with this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM87961.

Topics:
Business > Fair tradingGovernment and voting > Government departments
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6: Application of Act to Crown corporations, or

"The law applies to Government companies that buy and sell things."

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6B: Crown and Crown corporations not immune from jurisdiction in relation to certain provisions of Competition and Consumer Act 2010, or

"The Government and its companies must follow certain consumer rules and can be taken to court if they don't."

6ASpecial provisions relating to application of Act to the Crown in right of Australia and to Australian Crown corporations

  1. The provisions referred to in subsection (2) apply to—

  2. the Crown in right of the Commonwealth of Australia, each of the States of the Commonwealth of Australia, and the Northern Territory and the Australian Capital Territory, in so far as the Crown engages in trade; and
    1. every body corporate that is an authority of the Commonwealth of Australia within the meaning of section 4 of the Competition and Consumer Act 2010 of the Parliament of the Commonwealth of Australia in so far as it engages in trade; and
      1. every body corporate established for a purpose of a State of the Commonwealth of Australia by or under a law of that State in so far as it engages in trade; and
        1. every body corporate in which a State of the Commonwealth of Australia or in which a body corporate referred to in paragraph (c) has a controlling interest in so far as it engages in trade.

          1. For the purposes of subsection (1), the provisions are—

          2. section 36A; and
            1. Part 5, in so far as it relates to section 36A; and
              1. Schedule 1AA, in so far as it relates to section 36A; and
                1. Parts 6 and 7, in so far as they relate to a contravention of, or confer powers that may be exercised in relation to,—
                  1. section 36A; or
                    1. Part 5 or Schedule 1AA (in so far as that Part or that schedule relates to section 36A).

                    Notes
                    • Section 6A: inserted, on , by section 6 of the Commerce Amendment Act 1990 (1990 No 41).
                    • Section 6A(1): amended, on , by section 6(1) of the Commerce Amendment Act 2022 (2022 No 11).
                    • Section 6A(1)(b): amended, on , by section 32(2)(c) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
                    • Section 6A(2): inserted, on , by section 6(2) of the Commerce Amendment Act 2022 (2022 No 11).