The construction of S45(6) of the Trade Practices Act : High Court’s decision in Visy Paper v ACCC

Corones, Stephen G. (2004) The construction of S45(6) of the Trade Practices Act : High Court’s decision in Visy Paper v ACCC. Australian Business Law Review, 32(1), pp. 70-73.

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In Visy Paper Pty Ltd v Australian Competition & Consumer Commission [2003] HCA 59 (8 October 2003) (Visy Paper), the Act came in for some trenchant criticism by one member of the High Court. Kirby J variously described the Act as “a significant challenge for statutory interpretation” (at [69]) and a “less than perfect example of the drafter’s art” (at [58]). His Honour criticised the Act for its “opacity and unwieldiness” (at [70]) and took the opportunity (at [69]) to express the view that it should be re-drafted: by reference to concepts and purposes. It requires the negotiation of too many cross-references, qualifications and statutory interrelationships. This imposes an unreasonable burden on the corporations and their officers subject to the TPA, the ACCC enforcing the Act and courts with the responsibility of assigning meaning to, and applying, its provisions. This note examines the different approaches to the statutory interpretation of s 45(6) adopted in the Visy Paper case.

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ID Code: 19135
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Restrictive trade practices, Anti-competitive conduct
ISSN: 0310-1053
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2004 Lawbook Company Limited
Deposited On: 26 Mar 2009 00:59
Last Modified: 09 Jun 2010 13:32

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