Trade Practices Act 1974
Act No.51 of 1974 as amended
This compilation was prepared on 28September 2005
taking into account amendments up to Act No.119 of 2005
Volume 1 includes:Table of Contents
Sections1 – 110
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Volume 2 includes:Table of Contents
Sections10.01 – 173
Schedule
Volume 3 includes:Note 1
Table of Acts
Act Notes
Table of Amendments
Note 2
Table A
Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra
Trade Practices Act 1974 1
Contents
PartI—Preliminary
1Short title [see Note 1]......
2Object of this Act......
2AApplication of Act to Commonwealth and Commonwealth authorities
2BApplication of Act to States and Territories......
2CActivities that are not business......
2DExemption of certain activities of local government bodies from PartIV
3Repeal......
4Interpretation......
4ASubsidiary, holding and related bodies corporate......
4BConsumers......
4CAcquisition, supply and resupply......
4DExclusionary provisions......
4EMarket......
4FReferences to purpose or reason......
4GLessening of competition to include preventing or hindering competition
4HApplication of Act in relation to leases and licences of land and buildings
4JJoint ventures......
4KLoss or damage to include injury......
4KAPersonal injury......
4LSeverability......
4MSaving of law relating to restraint of trade and breaches of confidence
4NExtended application of PartIIIA......
5Extended application of Parts IV, IVA, V, VB and VC......
6Extended application of Parts IV, IVA, IVB, V, VA, VB and VC..
6AAApplication of the Criminal Code
PartII—The Australian Competition and Consumer Commission
6AEstablishment of Commission......
7Constitution of Commission......
8Terms and conditions of appointment......
8AAssociate members......
8ABState/Territory AER members taken to be associate members....
9Remuneration......
10Deputy Chairperson......
11Acting Chairperson......
12Leave of absence......
13Termination of appointment of members of the Commission.....
14Termination of appointment of associate members of the Commission
15Resignation......
16Arrangement of business......
17 Disclosure of interests by members......
18Meetings of Commission......
19Chairperson may direct Commission to sit in Divisions......
25Delegation by Commission......
26Delegation by Commission in relation to unconscionable conduct and consumer protection
27Staff of Commission......
27AConsultants......
28Functions of Commission in relation to dissemination of information, law reform and research
29Commission to comply with directions of Minister and requirements of the Parliament
PartIIA—The National Competition Council
29AEstablishment of Council......
29BFunctions and powers of Council......
29CMembership of Council......
29DTerms and conditions of office......
29EActing Council President......
29FRemuneration of Councillors......
29GLeave of absence......
29HTermination of appointment of Councillors......
29IResignation of Councillors......
29JArrangement of Council business......
29KDisclosure of interests by Councillors......
29LCouncil meetings......
29MStaff to help Council......
29NConsultants......
29OAnnual report......
PartIII—The Australian Competition Tribunal
30Constitution of Tribunal......
31Qualifications of members of Tribunal......
31AAppointment of Judge as presidential member of Tribunal not to affect tenure etc.
32Terms and conditions of appointment......
33Remuneration and allowances of members of Tribunal......
34Acting appointments......
35Suspension and removal of members of Tribunal......
36Resignation......
37Constitution of Tribunal for particular matters......
38Validity of determinations......
39Arrangement of business......
40Disclosure of interests by members of Tribunal......
41Presidential member to preside......
42Decision of questions......
43Member of Tribunal ceasing to be available......
43ACounsel assisting Tribunal......
43BConsultants......
44Staff of Tribunal......
44AActing appointments......
PartIIIAA—The Australian Energy Regulator (AER)
Division1—Preliminary
44ABDefinitions......
44ACThis Part binds the Crown......
44ADExtraterritorial operation......
Division2—Establishment of the AER
44AEEstablishment of the AER......
44AFAER to hold money and property on behalf of the Commonwealth.
44AGConstitution of the AER......
Division3—Functions and powers of the AER
44AHCommonwealth functions......
44AICommonwealth consent to conferral of functions etc. on AER....
44AJHow duty is imposed......
44AKWhen a State/Territory energy law imposes a duty......
44ALPowers of the AER......
Division4—Administrative provisions relating to the AER
Subdivision A—Appointment etc. of members
44AMAppointment of Commonwealth AER member......
44ANMembership of AER and Commission......
44AOActing appointment of Commonwealth AER member......
44APAppointment of State/Territory AER members......
44AQActing appointment of State/Territory AER member......
44ARAER Chair......
44ASActing AER Chair......
44ATRemuneration of AER members......
44AUAdditional remuneration of AER Chair......
44AVLeave of absence......
44AWOther terms and conditions......
44AXOutside employment......
44AYDisclosure of interests......
44AZResignation......
44AABTermination of appointment......
Subdivision B—Staff etc. to assist the AER
44AACStaff etc. to assist the AER......
Subdivision C—Meetings of the AER etc.
44AADMeetings......
44AAEResolutions without meetings......
Subdivision D—Miscellaneous
44AAFConfidentiality......
44AAGFederal Court may make certain orders......
44AAHDelegation by the AER......
44AAIFees......
44AAJAnnual report......
44AAKRegulations may deal with transitional matters......
PartIIIA—Access to services
Division1—Preliminary
44BDefinitions......
44CHow this Part applies to partnerships and joint ventures......
44DMeaning of designated Minister
44DAThe principles in the Competition Principles Agreement have status as guidelines
44EThis Part binds the Crown......
Division2—Declared services
Subdivision A—Recommendation by the Council
44FPerson may request recommendation......
44GLimits on the Council recommending declaration of a service....
Subdivision B—Declaration by the designated Minister
44HDesignated Minister may declare a service......
44IDuration and effect of declaration......
44JRevocation of declaration......
44KReview of declaration......
44LReview of decision not to revoke a declaration......
Subdivision C—Miscellaneous
44MRecommendation for a Ministerial decision on effectiveness of access regime
44NMinisterial decision on effectiveness of access regime......
44OReview of Ministerial decision on effectiveness of access regime..
44PState or Territory ceasing to be a party to Competition Principles Agreement
44QRegister of decisions and declarations......
Division3—Access to declared services
Subdivision A—Scope of Division
44RConstitutional limits on operation of this Division......
Subdivision B—Notification of access disputes
44SNotification of access disputes......
44TWithdrawal of notifications......
Subdivision C—Arbitration of access disputes
44UParties to the arbitration......
44VDetermination by Commission......
44WRestrictions on access determinations......
44XMatters that the Commission must take into account......
44YCommission may terminate arbitration in certain cases......
Subdivision D—Procedure in arbitrations
44ZConstitution of Commission for conduct of arbitration......
44ZAMember of the Commission presiding at an arbitration......
44ZBReconstitution of Commission......
44ZCDetermination of questions......
44ZDHearing to be in private......
44ZERight to representation......
44ZFProcedure of Commission......
44ZGParticular powers of Commission......
44ZHPower to take evidence on oath or affirmation......
44ZIFailing to attend as a witness......
44ZJFailing to answer questions etc......
44ZKIntimidation etc......
44ZLParty may request Commission to treat material as confidential...
44ZMSections18 and 19 do not apply to the Commission in an arbitration
44ZNParties to pay costs of an arbitration......
Subdivision E—Effect of determinations
44ZOOperation of determinations......
Subdivision F—Review of determinations
44ZPReview by Tribunal......
44ZQProvisions that do not apply in relation to a Tribunal review.....
44ZRAppeals to Federal Court from determinations of the Tribunal....
44ZSOperation and implementation of a determination that is subject to appeal
44ZTTransmission of documents......
Subdivision G—Variation of determinations
44ZUVariation of determinations......
Division4—Registered contracts for access to declared services
44ZVConstitutional limits on operation of this Division......
44ZWRegistration of contract......
44ZXReview of decision not to register contract......
44ZYEffect of registration of contract......
Division5—Hindering access to declared services
44ZZProhibition on hindering access to declared services......
Division6—Access undertakings for nondeclared services
44ZZAAccess undertakings by providers......
44ZZAAAccess codes prepared by industry bodies......
44ZZABCommission may rely on industry body consultations......
44ZZBUndertakings cannot be accepted in certain cases......
44ZZCRegister of access undertakings and access codes......
Division7—Enforcement and remedies
44ZZDEnforcement of determinations......
44ZZEEnforcement of prohibition on hindering access......
44ZZFConsent injunctions......
44ZZGInterim injunctions......
44ZZHFactors relevant to granting a restraining injunction......
44ZZIFactors relevant to granting a mandatory injunction......
44ZZJEnforcement of access undertakings......
44ZZKDischarge or variation of injunction or other order......
Division8—Miscellaneous
44ZZLRegister of determinations......
44ZZMCommonwealth consent to conferral of functions etc. on the Commission or Tribunal by State or Territory laws
44ZZMAHow duty is imposed......
44ZZMBWhen a law of a State or Territory imposes a duty......
44ZZNCompensation for acquisition of property......
44ZZNAOperation of Parts IV and VII not affected by this Part......
44ZZOConduct by directors, servants or agents......
44ZZPRegulations about review by the Tribunal......
44ZZQRegulations about fees for inspection etc. of registers......
PartIV—Restrictive trade practices
45Contracts, arrangements or understandings that restrict dealings or affect competition
45AContracts, arrangements or understandings in relation to prices...
45BCovenants affecting competition......
45CCovenants in relation to prices......
45DSecondary boycotts for the purpose of causing substantial loss or damage
45DASecondary boycotts for the purpose of causing substantial lessening of competition
45DBBoycotts affecting trade or commerce......
45DCInvolvement and liability of employee organisations......
45DDSituations in which boycotts permitted......
45EProhibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services
45EAProvisions contravening section45E not to be given effect..
45EBSections45D to 45EA do not affect operation of other provisions of Part
46Misuse of market power......
46AMisuse of market power—corporation with substantial degree of power in transTasman market
46BNo immunity from jurisdiction in relation to certain New Zealand laws
47Exclusive dealing......
48Resale price maintenance......
50Prohibition of acquisitions that would result in a substantial lessening of competition
50AAcquisitions that occur outside Australia......
51Exceptions......
51AAAConcurrent operation of State and Territory laws......
PartIVA—Unconscionable conduct
51AABPart does not apply to financial services......
51AAUnconscionable conduct within the meaning of the unwritten law of the States and Territories
51ABUnconscionable conduct......
51ACUnconscionable conduct in business transactions......
51ACAAConcurrent operation of State and Territory laws......
PartIVB—Industry codes
51ACADefinitions......
51ADContravention of industry codes......
51AERegulations relating to industry codes......
51AEAConcurrent operation of State and Territory laws......
PartV—Consumer protection
Division1—Unfair practices
51AFPart does not apply to financial services......
51AInterpretation......
52Misleading or deceptive conduct......
53False or misleading representations......
53AFalse representations and other misleading or offensive conduct in relation to land
53BMisleading conduct in relation to employment......
53CCash price to be stated in certain circumstances......
54Offering gifts and prizes......
55Misleading conduct to which Industrial Property Convention applies
55ACertain misleading conduct in relation to services......
56Bait advertising......
57Referral selling......
58Accepting payment without intending or being able to supply as ordered
59Misleading representations about certain business activities.....
60Harassment and coercion......
63AUnsolicited credit and debit cards......
64Assertion of right to payment for unsolicited goods or services or for making entry in directory
65Liability of recipient of unsolicited goods......
65AApplication of provisions of Division to prescribed information providers
Division1AAA—Pyramid selling
65AAAOverview......
65AABDefinitions......
65AACPyramid selling schemes—participation......
65AADWhat is a pyramid selling scheme?......
65AAEMarketing schemes—are they pyramid selling schemes?......
Division1AA—Country of origin representations
Subdivision A—General
65AAOverview......
65ABGeneral test for country of origin representations......
65ACTest for representations that goods are product of/produce of a country
65ADTest for representations made by means of prescribed logo......
65AESubstantial transformation of goods......
65AFMethod of working out costs of production or manufacture......
Subdivision B—Cost of production or manufacture of goods
65AGDefinitions......
65AHCost of producing or manufacturing goods......
65AJExpenditure on materials......
65AKExpenditure on labour......
65ALExpenditure on overheads......
65AMRegulations may prescribe rules for determining the local percentage costs of production or manufacture
Subdivision C—Evidentiary matters
65ANProceedings relating to false, misleading or deceptive conduct or representations
Division1A—Product safety and product information
65BWarning notice to public......
65CProduct safety standards and unsafe goods......
65DProduct information standards......
65EPower of Minister to declare product safety or information standards
65FCompulsory product recall......
65GCompliance with product recall order......
65HLoss or damage caused by contravention of product recall order...
65JOpportunity for conference to be afforded before certain powers exercised
65KRecommendation after conclusion of conference......
65LException in case of danger to public......
65MConference after goods banned......
65NRecommendation after conclusion of conference......
65PMinister to have regard to recommendation of Commission.....
65QPower to obtain information, documents and evidence......
65RNotification of voluntary recall......
65SCopies of certain notices to be given to suppliers or published in certain newspapers
65TCertain action not to affect insurance contracts......
Division2—Conditions and warranties in consumer transactions
66Interpretation......
66AConvention on Contracts for the International Sale of Goods.....
67Conflict of laws......
68Application of provisions not to be excluded or modified......
68ALimitation of liability for breach of certain conditions or warranties.
68BLimitation of liability in relation to supply of recreational services.
69Implied undertakings as to title, encumbrances and quiet possession
70Supply by description......
71Implied undertakings as to quality or fitness......
72Supply by sample......
73Liability for loss or damage from breach of certain contracts.....
73AContinuing credit contract......
73BLoan contract......
74Warranties in relation to the supply of services......
Division2A—Actions against manufacturers and importers of goods
74AInterpretation......
74BActions in respect of unsuitable goods......
74CActions in respect of false descriptions......
74DActions in respect of goods of unmerchantable quality......
74EActions in respect of noncorrespondence with samples etc.
74FActions in respect of failure to provide facilities for repairs or parts.
74GActions in respect of noncompliance with express warranty
74HRight of seller to recover against manufacturer or importer......
74JTime for commencing actions......
74KApplication of Division not to be excluded or modified......
74LLimitation in certain circumstances of liability of manufacturer to seller
74MThe effect of PartVIB on this Division......
Division3—Miscellaneous
75Saving of other laws and remedies......
75ARescission of contracts......
PartVA—Liability of manufacturers and importers for defective goods
75AAInterpretation......
75ABCertain interpretation provisions (importers and others taken to be manufacturers etc.) apply to this Part
75ACMeaning of goods having defect......
75ADLiability for defective goods causing injuries—loss by injured individual
75AELiability for defective goods causing injuries—loss by person other than injured individual
75AFLiability for defective goods—loss relating to other goods......
75AGLiability for defective goods—loss relating to buildings etc......
75AHSurvival of liability actions......
75AINo liability action where workers’ compensation or law giving effect to an international agreement applies
75AJUnidentified manufacturer......
75AKDefences......
75ALCommonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard
75AMLiability joint and several......
75ANContributory acts or omissions to reduce compensation......
75AOTime for commencing actions......
75APApplication of provisions not to be excluded or modified......
75AQRepresentative actions by the Commission......
75ARSaving of other laws and remedies......
75ASJurisdiction of courts......
PartVB—Price exploitation in relation to A New Tax System
75ATDefinitions......
75AUPrice exploitation in relation to New Tax System changes......
75AVPrice exploitation—guidelines about when prices contravene section75AU
75AWCommission may issue notice to corporation it considers has contravened section75AU
75AXCommission may issue notice to aid prevention of price exploitation
75AYCommission may monitor prices......
75AYAProhibition on misrepresenting the effect of the New Tax System changes
75AZReporting......
PartVC—Offences
Division1—Application of Part
75AZAPart does not apply to financial services......
Division2—Offences relating to unfair practices
75AZBInterpretation......
75AZCFalse or misleading representations......
75AZDFalse representations and other misleading or offensive conduct in relation to land
75AZEMisleading conduct in relation to employment......
75AZFCash price to be stated in certain circumstances......
75AZGOffering gifts and prizes......
75AZHMisleading conduct to which Industrial Property Convention applies
75AZICertain misleading conduct in relation to services......
75AZJBait advertising......
75AZKReferral selling......
75AZLAccepting payment without intending or being able to supply as ordered
75AZMMisleading representations about certain business activities.....
75AZNHarassment and coercion......
75AZOPyramid selling......
75AZPUnsolicited credit and debit cards......
75AZQAssertion of right to payment for unsolicited goods or services or for making an entry in a directory
75AZRApplication of provisions of Division to prescribed information providers
Division3—Offences relating to product safety and product information
75AZSProduct safety standards and unsafe goods......
75AZTProduct information standards......
75AZUCompliance with product recall notice......
PartVI—Enforcement and remedies
75BInterpretation......
76Pecuniary penalties......
76ADefence to proceedings under section76 relating to a contravention of section75AYA
76BWhat happens if substantially the same conduct is a contravention of section75AYA and an offence?
77Civil action for recovery of pecuniary penalties......
78Criminal proceedings not to be brought for contraventions of PartIV or V or section75AU or 75AYA
79Offences against PartVC etc......
79AEnforcement and recovery of certain fines......
79BPreference must be given to compensation for victims......
80Injunctions......
80AADivision7 of PartVI of the Workplace Relations Act does not prevent granting of injunction
80ABStay of injunctions......
80BSection75AU contraventions—orders limiting prices or requiring refunds of money
81Divestiture......
82Actions for damages......
83Finding in proceedings to be evidence......
84Conduct by directors, servants or agents......
85Defences......
86Jurisdiction of courts......
86AALimit on jurisdiction of Federal Magistrates Court in proceedings under section82
86ATransfer of matters......
86BTransfer of certain proceedings to Family Court......
86CNonpunitive orders......
86DPunitive orders—adverse publicity......
87Other orders......
87APower of Court to prohibit payment or transfer of moneys or other property
87AASpecial provision relating to Court’s exercise of powers under this Part in relation to boycott conduct
87ABLimit on liability for misleading or deceptive conduct......
87BEnforcement of undertakings......
87CEnforcement of undertakings—Secretary to the Department.....
87CAIntervention by Commission......
87CAAThe effect of PartVIB on this Part......
PartVIA—Proportionate liability for misleading and deceptive conduct
87CBApplication of Part......
87CCCertain concurrent wrongdoers not to have benefit of apportionment
87CDProportionate liability for apportionable claims......
87CEDefendant to notify plaintiff of concurrent wrongdoer of whom defendant aware
87CFContribution not recoverable from defendant......
87CGSubsequent actions......
87CHJoining nonparty concurrent wrongdoer in the action...
87CIApplication of Part......
PartVIB—Claims for damages or compensation for death or personal injury
Division1—Introduction
87DDefinitions......
87EProceedings to which this Part applies......
Division2—Limitation periods
87FBasic rule......
87GDate of discoverability......
87HLongstop period......
87JThe effect of minority or incapacity......
87KThe effect of close relationships......
Division3—Limits on personal injury damages for noneconomic loss
87LLimits on damages for noneconomic loss......
87MMaximum amount of damages for noneconomic loss...
87NIndex numbers......
87PMost extreme cases......
87QCases of 33% or more (but not 100%) of a most extreme case....
87RCases of 15% or more (but less than 33%) of a most extreme case..
87SCases of less than 15% of a most extreme case......
87TReferring to earlier decisions on noneconomic loss....
Division4—Limits on personal injury damages for loss of earning capacity
87UPersonal injury damages for loss of earning capacity......
87VAverage weekly earnings......
Division5—Limits on personal injury damages for gratuitous attendant care services
87WPersonal injury damages for gratuitous attendant care services for plaintiff
87XPersonal injury damages for loss of plaintiff’s capacity to provide gratuitous attendant care services
Division6—Other limits on personal injury damages
87YDamages for future economic loss—discount rate......
87ZDamages for loss of superannuation entitlements......
87ZAInterest on damages......
87ZBExemplary and aggravated damages......
Division7—Structured settlements
87ZCCourt may make orders under section87 for structured settlements
PartVII—Authorizations and notifications in respect of restrictive trade practices
Division1—Authorizations
87ZDDefinitions......
88Power of Commission to grant authorisations......
89Procedure for applications and the keeping of a register......
90Determination of applications for authorisations......
90ACommission to afford opportunity for conference before determining application for authorisation
90BCommission may rely on consultations undertaken by the AEMC..
91Grant and variation of authorisations......
91AMinor variations of authorizations......
91BRevocation of an authorization......
91CRevocation of an authorization and substitution of a replacement..
Division2—Notifications
93Notification of exclusive dealing......
93ACommission to afford opportunity for conference before giving notice in relation to exclusive dealing
95Register of notifications......
PartVIIA—Prices surveillance
Division1—Preliminary
95AInterpretation......
95BExempt supplies......
95CApplication of Part......
95DCrown to be bound......
95EObject of this Part......
95FSimplified overview of this Part......
Division2—Commission’s functions under this Part
95GCommission’s functions under this Part......
Division3—Price inquiries
Subdivision A—Holding of inquiries
95HPrice inquiries......
95JContent of inquiry notices......
95KPeriod for completing inquiry......
95LNotice of holding of inquiry......
95MNotice of extension of period for completing inquiry......
95NPrice restrictions......
Subdivision B—Reports on inquiries
95PCopies of report to be made available......
95QNotification of proposed prices after receipt of report......
Subdivision C—Procedure at inquiries
95RPublic inquiries etc......
95STaking of evidence on oath or affirmation......
95TFailure of witness to attend......
95URefusal to be sworn or to answer question......
95VProtection of witnesses......
95WAllowances to witnesses......
Division4—Price notifications
95XDeclarations by Minister or Commission......
95YDeclarations in relation to State or Territory authorities......
95ZPrice restrictions......
95ZALater notices modifying a locality notice......
95ZBApplicable period in relation to a locality notice......
95ZCRegister of price notifications......
95ZDDelegation by Commission......
Division5—Price monitoring
95ZEDirections to monitor prices, costs and profits of an industry.....
95ZFDirections to monitor prices, costs and profits of a business.....
95ZGExceptions to price monitoring......
Division6—Other provisions
95ZHMinisterial directions......
95ZIInquiries by an unincorporated body or a group of 2 or more individuals
95ZJWithdrawal of notices......
95ZKPower to obtain information or documents......
95ZLInspection of documents etc......
95ZMRetention of documents......
95ZNConfidential information......
95ZOImmunity......
95ZPSecrecy: members or staff members of the Commission etc......
95ZQSecrecy: persons involved in inquiries by bodies other than the Commission
PartVIII—Resale price maintenance
96Acts constituting engaging in resale price maintenance......
96AResale price maintenance in relation to services......
97Recommended prices......
98Withholding the supply of goods......
99Statements as to the minimum price of goods......
100Evidentiary provisions......
PartIX—Review by Tribunal of Determinations of Commission
Division1—Applications for Review
101Applications for review......
101AApplication for review of notice under subsection 93(3) or (3A)...
102Functions and powers of Tribunal......
Division2—Procedure and Evidence
103Procedure generally......
104Regulations as to certain matters......
105Power to take evidence on oath......
106Hearings to be in public except in special circumstances......
107Evidence in form of written statement......
108Taking of evidence by single member......
109Participants in proceedings before Tribunal......
110Representation......
Trade Practices Act 1974 1
The Australian Energy Regulator (AER) Part IIIAA
Administrative provisions relating to the AER Division 4
Section 44AQ
An Act relating to certain Trade Practices
PartI—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Trade Practices Act 1974.
2 Object of this Act
The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.
2A Application of Act to Commonwealth and Commonwealth authorities
(1)Subject to this section and sections44AC, 44E and 95D, this Act binds the Crown in right of the Commonwealth in so far as the Crown in right of the Commonwealth carries on a business, either directly or by an authority of the Commonwealth.
(2)Subject to the succeeding provisions of this section, this Act applies as if:
(a)the Commonwealth, in so far as it carries on a business otherwise than by an authority of the Commonwealth; and
(b)each authority of the Commonwealth (whether or not acting as an agent of the Crown in right of the Commonwealth) in so far as it carries on a business;
were a corporation.
(3)Nothing in this Act makes the Crown in right of the Commonwealth liable to a pecuniary penalty or to be prosecuted for an offence.
(3A)The protection in subsection(3) does not apply to an authority of the Commonwealth.
(4)PartIV does not apply in relation to the business carried on by the Commonwealth in developing, and disposing of interests in, land in the Australian Capital Territory.
2B Application of Act to States and Territories
(1)The following provisions of this Act bind the Crown in right of each of the States, of the Northern Territory and of the Australian Capital Territory, so far as the Crown carries on a business, either directly or by an authority of the State or Territory: