Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p52
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 135642–138541

been disregarded under the contract as in force immediately before the cut-off date.

(4) The amendments made by Division 1 of this Part (other than section 86) do not make unenforceable a provision of an existing contract that was not unenforceable immediately before the commencement of those amendments.

(5) In this section:

"cut-off date" means 19 August 1994;

"existing contract" means a contract that was made before the cut-off date.

Advance authorisations

90. From the commencement of this section:

    (a) an authorisation may be applied for and granted under the Principal Act; and

    (b) a notice may be given under section 93 of the Principal Act; as if the amendments made by Division 1 of this Part commenced at the same time as this section.

PART 6—AMENDMENTS COMMENCING AT THE FIFTH COMMENCEMENT TIME

Amendment of Trade Practices Act: insertion of feminine pronouns

91. The Principal Act is amended so that:

    (a) every occurrence of "he" is followed once by "or she";

    (b) every occurrence of "him" is followed once by "or her";

    (c) every occurrence of "himself" is followed once by "or herself";

    (d) every occurrence of "his" is followed once by "or her".

PART 7—MISCELLANEOUS

Regulations

92.(1) The Governor-General may make regulations prescribing matters:

    (a) required or permitted by this Act to be prescribed; or

    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may prescribe matters of a transitional or savings nature that arise out of the amendments made by this Act.
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 SCHEDULE 1 Section 31

SCHEDULE TO BE ADDED AT THE END OF THE PRINCIPAL ACT

 SCHEDULE Section 150A

SCHEDULE VERSION OF PART IV

Contracts, arrangements or understandings that restrict dealings or affect competition

45.(1) If a provision of a contract made before the commencement of this section:

    (a) is an exclusionary provision; or

    (b) has the purpose, or has or is likely to have the effect, of substantially lessening competition;

that provision is unenforceable in so far as it confers rights or benefits or imposes duties or obligations on a person.

(2) A person shall not:

    (a) make a contract or arrangement, or arrive at an understanding, if:

        (i) the proposed contract, arrangement or understanding contains an exclusionary provision; or

        (ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition; or

    (b) give effect to a provision of a contract, arrangement or understanding, whether the contract or arrangement was made, or the understanding was arrived at, before or after the commencement of this section, if that provision:

        (i) is an exclusionary provision; or

        (ii) has the