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.
|Accepted Version (PDF 52kB) |
Administrators only | Request a copy from author
In Visy Paper Pty Ltd v Australian Competition & Consumer Commission  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 ) and a “less than perfect example of the drafter’s art” (at ). His Honour criticised the Act for its “opacity and unwieldiness” (at ) and took the opportunity (at ) 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.
Impact and interest:
Citation countsare sourced monthly fromand citation databases.
These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.
Citations counts from theindexing service can be viewed at the linked Google Scholar™ search.
|Item Type:||Journal Article|
|Keywords:||Restrictive trade practices, Anti-competitive conduct|
|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 10:59|
|Last Modified:||09 Jun 2010 23:32|
Repository Staff Only: item control page