Commonwealth Numbered Acts

PRICES JUSTIFICATION AMENDMENT ACT 1979 No. 24, 1979 - SECT 10

10. After section 19 of the Principal Act the following section is inserted:
Inquiry and report by Tribunal on its own initiative
''19AA. (1) Subject to this section, the Tribunal shall, before deciding to
hold on its own initiative a prices justification inquiry-

   (a)  publish by advertisement in the Gazette, and also publish in each
        State and in the Australian Capital Territory and the Northern
        Territory by advertisement in a newspaper circulating in that State or
        Territory, a notice stating that the Tribunal is considering whether
        to hold the inquiry and inviting interested persons to make
        submissions in writing to the Tribunal, within 7 days of the day on
        which the notice is published in the Gazette, on the question whether
        such an inquiry should be held;

   (b)  not later than 7 days after the publication of the notice under
        paragraph (a), serve notice in writing on the company or each of the
        companies concerned-

        (i)    stating that the Tribunal is considering whether to hold the
               inquiry;

        (ii)   inviting the company to make submissions in writing to the
               Tribunal, not later than 7 days from the day on which the
               notice is served on the company, on the question whether such
               an inquiry should be held; and

        (iii)  notifying the company that it may within that period of 7 days
               request a conference with the Tribunal on the question whether
               such an inquiry should be held; and

   (c)  when requested, within the period referred to in sub-paragraph (b)
        (iii), by a company concerned to hold a conference on the question
        whether such an inquiry should be held, afford to the company an
        opportunity of conferring with the Tribunal on that question at a
        place determined by the Tribunal and on a day determined by the
        Tribunal, being a day not earlier than the eighth day, and not later
        than the twenty-first day, after the service of the notice on the
        company.

''(2) Where, after the publication of a notice referred to in paragraph (1)
(a), the Tribunal decides that it will not proceed with the inquiry it shall
forthwith serve notice on the company or companies concerned that it will not
proceed with the inquiry.

''(3) If, after paragraphs (1) (a), (b) and (c) have been complied with, the
Tribunal decides that the inquiry should be held, it shall apply to the
Minister for approval to hold the inquiry and the Minister shall, as soon as
practicable, inform the Tribunal whether he approves the holding of the
inquiry.

''(4) If the Minister informs the Tribunal that he does not approve the
holding of the inquiry, the Tribunal shall forthwith serve notice on the
company or companies concerned that it will not proceed with the inquiry.

''(5) If the Minister informs the Tribunal that he approves the holding of the
inquiry, the Tribunal shall proceed with the inquiry as if it were an inquiry
to which section 19 applied except that the requirements as to time imposed by
sub-paragraph 19 (1) (c) (i) or (ii) may be varied by the Tribunal with the
consent of the company or companies concerned.

''(6) The Tribunal shall allow to attend at and participate in the conference
referred to in paragraph (1) (c) any person who, in the opinion of the
Tribunal, has a substantial interest in that conference.''.