New Zealand Acts

COMMERCE ACT 1986 - SECT 5

5 Application of Act to the Crown

1 Subject to this section, this Act shall bind the Crown in so far as the Crown engages in trade.

2 The Crown shall not be liable to pay a pecuniary penalty under section 80 .

3 The Crown shall not be liable to be prosecuted for an offence against this Act.

4 Where it is alleged that the Crown has contravened any provision of this Act and that contravention constitutes an offence, the Commission or the person directly affected by the contravention may apply to the court for a declaration that the Crown has contravened that provision; and, if the court is satisfied beyond a reasonable doubt that the Crown has contravened that provision, it may make a declaration accordingly.

Note: 1975 No 113 s 20B; 1979 No 140 s 12; Trade Practices Act 1974 s 2A (Aust)