Trade Practices Compliance Manual

Foreword

The National Competition Policy Review Committee, chaired by Professor Fred Hilmer was commissioned in October 1992 in response to a call for a national approach to competition policy. The Hilmer Report was completed in August 1993 and proposed a number of changes to improve the efficiency of Australian Industry.

At the Council of Australian Governments meeting in April 1995 agreement was reached to implement a National Competition Policy based on the Hilmer recommendations. The key components of the reform package are three inter-governmental agreements:-

• the Conduct Code Agreement which extends the application of Part IV of the Trade Practices Act to all market participants, regardless of their ownership or legal form. Further, it also appointed the Australian Competition and Consumer Commission (ACCC) - formed by the merger of the previous Trade Practices Commission and the Prices Surveillance Authority, as the overseer to this.
• the Competition Principles Agreement in which all governments agreed to adopt principles and implement policies to address the various restrictions on competition which the Hilmer Report identified.
• the Agreement to implement the National Competition Policy and Related Reforms which sets out the overall timetable for the implementation of the National Competition Policy Reforms.

Essentially the National Competition Policy can be viewed in two parts:-

• the Competition Code (Trade Practices legislation) and
• the Competition Principles (Competitive Neutrality).

This manual addresses the Trade Practices legislation and the issues the University and you as an individual must be aware of, and comply with in order to meet our obligations.

You will note that heavy financial penalties, both personal and to the University, may be imposed for breaches of this policy. In addition, your reputation and the reputation of Monash would also be placed at risk. (Refer to Sections 1.3 and 1.4).

All staff are urged to carefully read this manual and to make yourself aware of the University's obligations and your personal obligations under trade practices legislation. Any queries or concerns you have after reading this manual should be directed to the University's Compliance Officer Ms Amanda Birmingham or the University Solicitor Mr Renn Wortley.