Supplementary Order Paper No 148

No 148

House of Representatives

Supplementary Order Paper

Tuesday, 8 December 2015

Commerce (Cartels and Other Matters) Amendment Bill

Proposed amendments to SOP No 407

Hon Paul Goldsmith, in Committee, to move the following amendments:

Clause 2

Before the item relating to clause 5 (on page 1), insert:

Clause 2

In clause 2(1), replace sections 18, 23A, and 23B (page 4, line 2) with sections 23A and 23B.

In clause 2(2), replace Section 18 (which imposes criminal sanctions in respect of certain conduct relating to cartels) and sections 23A and 23B (page 4, lines 5 to 7) with Sections 23A and 23B.

Clause 7: new section 30

Before the item relating to clause 7, new section 31(1) (on page 1), insert:

In clause 7, new section 30(2), delete “, and section 82B for criminal liability,” ( page 5, lines 25 and 26).

Clauses 15 and 17

After the items relating to clause 8, new section 47A (on page 2), insert:

Clause 15: new section 80A

In clause 15, new section 80A(1), delete paragraph (b) (page 18, lines 31 and 32).

In clause 15, new section 80A(1)(c), delete “or any criminal proceedings in which person A is convicted as described in paragraph (b) (page 18, lines 35 to 37).

Clause 17

Delete clause 17 (page 19, lines 22 to 26).

Clause 18: new section 82B

Replace the items relating to clause 18, new section 82B (on page 2) with:

Clause 18

Delete clause 18 (page 19, line 27 to page 21, line 15).

Clause 24

Replace the item relating to clause 24 (on page 2) with:

Clause 24

Delete clause 24 (page 26, lines 10 to 13).

Schedule

After the item relating to clause 24 (on page 2), insert:

Schedule

In the Schedule, delete the item relating to section 75(1)(a) (page 27, lines 19 to 21).

Explanatory note

This Supplementary Order Paper makes adjustments to Supplementary Order Paper No 407 (which contains proposed amendments to the Commerce (Cartels and Other Matters) Amendment Bill).

The adjustments relate to clause 18, which inserts new section 82B of the Commerce Act 1986 (offence relating to cartel prohibition).

In particular, the adjustments replace the proposed amendments to clause 18 that were included in Supplementary Order Paper No 407 with a proposed amendment to delete clause 18 in its entirety and consequentially amend clauses 2, 7, 15, 17, and 24 and the Schedule.

The effect of the proposed amendments is to remove criminal sanctions for cartel behaviour from the Bill.

Departmental disclosure statement

The Ministry of Business Innovation, and Employment considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.