Author:	Antonio Buti BPE (Hons), Dip Ed, MIR, LLB (Hons) (ANU) Senior Lecturer, Murdoch University School of Law
Subjects:	Australia. Trade Practices Act 1974 (Other articles) Consumer protection -- law and legislation -- Australia (Other articles) Restraint of trade -- Australia Trade regulation -- Australia
Issue:	Volume 4, Number 4 (December 1997)
Category:	Current Developments

1. In the last three to four years, trade practices and competition policy in Australia has arguably seen more significant changes than at any time since the enactment of the Trade Practices Act 1974 (Cth) (‘Act’). The 1996 amendments to the Trade Practices Act resulted out of the Competition Policy Reform Act 1995 (Cth), which in turn received its impetus from the National Competition Policy Review, chaired by Professor Fred Hilmer.
2. For a national competition policy to operate in our federal system necessitated an agreement between the Commonwealth, six States and two Territories. On 11 April 1995, the Council of Australian Governments (COAG) agreed to sign on to a national competition policy. The Prime Minister of the Commonwealth of Australia, the Premiers of the States of New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania and the Chief Ministers of the Australian Capital Territory and the Northern Territory of Australia signed the Conduct Code Agreement, Competition Principles Agreement and Agreement to Implement the National Competition Policy and Related Reforms.
3. Steinwall and Layton’s 1997 annotation of the Act reproduces the complete Act including the amendments emanating from the Competition Policy Reform Act 1995, the related Regulations, the three inter-governmental agreements signed by COAG and the Competition Policy Reform (New South Wales) Act 1995. The New South Wales Act is one of the eight State and Territory statutes that recognise the universal application of the Act.
4. The Steinwall and Layton Annotation is logically set out. There are historical notes on the legislative and regulation provisions that have been amended, a Table of Amendments preceding the Act and Regulations which gives a complete list of all amendments to the legislation, a general commentary on each section of the Act and more specific commentary on subsections of the Act. Also, where relevant, reference is made to equivalent State legislation.
5. Steinwall and Layton have provided a very readable and concise commentary on the various pieces of legislation, including the legislative developments. The commentary on the related cases is commendable and the authors should be congratulated for including unreported decisions. The commentary provides the reader with a sound synopsis of the Act and relevant case law.
6. Overall, Steinwall and Layton is ‘user-friendly’ and should assist practitioners and students in keeping up to date with recent developments in trade practices law and competition policy. Of course, Steinwall and Layton will inevitably be compared with the well established Miller’s Annotated Trade Practices Act by Russell V. Miller, now in its 18^th edition. Steinwall and Layton compared favourably with Miller and for many it may be more ‘user-friendly’. However, for the consumer, this advantage must be traded against the more comprehensive commentary of the Act provided by Miller.