Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p72
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 184416–187209

made or issued.

SCHEDULE 1—continued

(1C) The operation of subsection (1) (other than paragraph (1)(a)) is subject to the following limitations:

    (a) in order for something to be regarded as specifically authorised for the purposes of subsection (1), the authorising provision must expressly refer to the Competition Code;

    (b) paragraphs (1)(b), (c), (d) and (e) do not apply in deciding whether a person has contravened section 50;

    (c) regulations referred to in subparagraph (1)(b)(ii), (c)(ii), (d)(ii) or (e)(ii) do not have the effect of requiring a particular thing to be disregarded if the thing happens more than 2 years after those regulations came into operation;

    (d) regulations referred to in subparagraph (1)(b)(ii), (c)(ii) or (d)(ii) do not have the effect of requiring a particular thing to be disregarded to the extent that the regulations are the same in substance as other regulations that:

        (i) were made for the purposes of the subparagraph concerned; and

        (ii) came into operation more than 2 years before the particular thing happened.

(2) In determining whether a contravention of a provision of this Part other than section 48 has been committed, regard shall not be had:

    (a) to any act done in relation to, or to the making of a contract or arrangement or the entering into of an understanding, or to any provision of a contract, arrangement or understanding, to the extent that the contract, arrangement or understanding, or the provision, relates to, the remuneration, conditions of employment, hours of work or working conditions of employees;

    (b) to any provision of a contract of service or of a contract for the provision of services, being a provision under which a person, not being a body corporate, agrees to accept restrictions as to the work, whether as an employee or otherwise, in which he may engage during, or after the termination of, the contract;

    (c) to any provision of a contract, arrangement or understanding, being a provision obliging a person to comply with or apply standards of dimension, design, quality or performance prepared or approved by the Standards Association of Australia or by a prescribed association or body;

SCHEDULE 1—continued

    (d) to any provision of a contract, arrangement or understanding between partners none of whom is a body corporate, being a provision in relation to the terms of the partnership or the conduct of the partnership business or in relation to competition between the partnership and a party to the contract, arrangement or understanding while he is, or after he ceases to be, a partner;

    (e) in the case of a contract for the sale of a business or of shares in the capital of a body corporate carrying on a business—to any provision of