This publication replaces theTrade Practices Commission publication, Section 155 of the Trade Practices Act, published in November 1994.
The Trade Practices Act 1974 (TPA) contains powers that enable the Australian Competition and Consumer Commission to obtain information and documents in the course of its enforcement activity. Section 155 of the TPA is the most widely used mandatory information-gathering power. It gives the Commission the power to require a person to provide information, documents and/ or give evidence under oath or by way of affirmation, and limited powers to enter premises and inspect and/ or copy documents. This publication provides guidance about the Commission's procedures in exercising its s.155 powers. Recent amendments to the TPA have introduced additional and more specific mandatory information-gathering powers. This guideline outlines s.75AJ which relates to the liability of suppliers of defective goods where the manufacturer is unidentified, and s.75AY which relates to the Commission's price monitoring role in the New Tax System. While there are other mandatory information-gathering powers under the TPA, this guideline relates exclusively to the exercise of these powers in connection with the Commission's enforcement activities.
Australian Competition and Consumer Commission 2000.