Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:1_45:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 1 cl 45 (pt 2/3)
Character Range: 2319543–2322152

the person is or would be a party;
together have or are likely to have that effect.
 (5) This section does not apply to or in relation to a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, or to or in relation to a concerted practice, in so far as the provision or practice relates to:
 (a) conduct that contravenes section 48; or
 (b) conduct that would contravene section 48 if subsection 48(2) did not apply; or
 (c) conduct that would contravene section 48 if it were not authorised under section 88; or
 (d) conduct that would contravene section 48 if this Act defined the acts constituting the practice of resale price maintenance by reference to the maximum price at which goods or services are to be sold or supplied or are to be advertised, displayed or offered for sale or supply.
 (5A) The making of a contract, arrangement or understanding does not constitute a contravention of this section because the contract, arrangement or understanding contains a provision the giving effect to which would, or would apart from subsection 47(10) or section 88 or 93, constitute a contravention of section 47.
 (6) This section does not apply to or in relation to the giving effect to a provision of a contract, arrangement or understanding, or to or in relation to engaging in a concerted practice, by way of:
 (a) engaging in conduct that contravenes, or would but for the operation of subsection 47(10) or section 88 or 93 contravene, section 47; or
 (b) doing an act by reason of a breach or threatened breach of a condition referred to in subsection 47(2), (4), (6) or (8), being an act done by a person at a time when:
 (i) an authorisation under section 88 is in force in relation to conduct engaged in by that person on that condition; or
 (ii) by reason of subsection 93(7) conduct engaged in by that person on that condition is not to be taken to have the effect of substantially lessening competition within the meaning of section 47; or
 (iii) a notice under subsection 93(1) is in force in relation to conduct engaged in by that person on that condition.
 (6A) The following conduct:
 (a) the making of a dual listed company arrangement;
 (b) the giving effect to a provision of a dual listed company arrangement;
does not contravene this section if the conduct would, or would apart from section 88, contravene section 49.
 (7) This section does not apply to or in relation to:
 (a) a contract, arrangement or understanding to the extent that the contract, arrangement or understanding directly or indirectly provides for; or
 (b) a