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Restrictive Trade Practices Act 1971



Replaced the Trade Practices Act 1965 . This largely stemmed from the High Court decision in Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468 relating to the constitutional powers of the Commonwealth Government in relation to foreign and trading or financial corporations and was largely a re-enactment of the Trade Practices Act 1965.


Long title

An Act to preserve Competition in Trade and Commerce to the extent required by the Public Interest.


Structure of Act

The Act was divided into the following parts:

  • Part I Preliminary (Sections 1-6)
  • Part II Constitution of the Trade Practices Tribunal (Sections 7-21)
  • Part III The Commissioner, the Registrar of the Tribunal and other Officers (Sections 22-34)
  • Part IV Examinable Agreements and Practices (Sections 35-39)
  • Part V Registration of certain Agreements (Sections 40-45)
  • Part VI Examination of Agreements and Practices by the Tribunal
  • Part VII Resale Price Maintenance (Sections 66-77)
  • Part VIII Enforcement of Orders of the Tribunal (Sections 78-80)
  • Part IX Provisions relating to the Tribunal (Sections 81-95)
  • Part X Collusive Tendering and Collusive Bidding (Sections 96-98)
  • Part XI Civil Remedies (Sections 99-103)
  • Part XII Overseas Cargo Shipping (Sections 104-137)
  • Part XIII Interpretative Provisions (Sections 138-143)
  • Part XIV Transitional Provisions (Sections 144-159)
  • Part XV Miscellaneous (Sections 160-170)



This Act is available in PDF form from ComLaw.