Application of Act
The Trade Practices Act (TPA) is an act of the Parliament of Australia and so its application is limited by section 51 of the Australian Constitution, which sets out the division of powers between the federal and state parliaments. As a result, most of the TPA is drafted to apply only to corporations, thus relying on Section 51(xx). Some parts of the TPA have a broader operation, relying for instance on the telecommunications power (Section 51(v)) or the territories power.
Parts of the Act are mirrored in Fair Trading Acts in each Australian State and Territory, to extend regulation to individuals.
The Act exempts the Commonwealth, state and territory governments from some provisions of the Act. The immunity from the Act does not generally derive to third parties who deal with the government: see Australian Competition and Consumer Commission v Baxter Healthcare.
Read more about this topic: Competition And Consumer Act 2010
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