Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p7
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 19200–22247

subsection 93(1) is in force in relation to conduct engaged in by that person on that condition.".

Covenants in relation to prices

12. Section 45C of the Principal Act is amended by inserting in subsection (4) "or services" after "goods" (wherever occurring).

Exclusive dealing

13. Section 47 of the Principal Act is amended:

    (a) by inserting in paragraph (2)(e) "or services" after "goods" (wherever occurring);

    (b) by inserting in paragraph (2)(f) "or services" after "goods" (wherever occurring);

    (c) by inserting in paragraph (3)(e) "or services" after "goods" (wherever occurring);

    (d) by omitting from paragraph (3)(f) "in the case of a refusal in relation to the supply or proposed supply of goods, ";

    (e) by omitting from paragraph (3)(f) "goods, or goods" (wherever occurring) and substituting "goods or services, or goods or services";

    (f) by omitting from subparagraph (8)(a)(ii) "re-supply goods, or goods" and substituting "re-supply goods or services, or goods or services";

    (g) by omitting from paragraph (9)(b) "re-supply, goods, or goods" and substituting "re-supply, goods or services, or goods or services";

    (h) by inserting after subsection (10):

    "(10A) Subsection (1) does not apply to a corporation engaging in conduct described in subsection (6) or (7) or paragraph (8)(c) or (9)(d) if:

        (a) the corporation has given the Commission a notice under subsection 93(1) describing the conduct; and

        (b) the notice is in force under section 93.".

Price discrimination

14. Section 49 of the Principal Act is repealed.

Exceptions

15. Section 51 of the Principal Act is amended by omitting subsection (1) and substituting:

"(1) In deciding whether a person has contravened this Part, the following must be disregarded:

    (a) anything specified in, and specifically authorised by:

        (i) an Act (not including an Act relating to patents, trade marks, designs or copyrights); or

        (ii) regulations made under such an Act;

    (b) anything done in a State, if the thing is specified in, and specifically authorised by:

        (i) an Act passed by the Parliament of that State; or

        (ii) regulations made under such an Act;

    (c) anything done in the Australian Capital Territory, if the thing is specified in, and specifically authorised by:

        (i) an enactment as defined in section 3 of the Australian Capital Territory (Self-Government) Act 1988; or

        (ii) regulations made under such an enactment;

    (d) anything done in the Northern Territory, if the thing is specified in, and specifically authorised by:

        (i) an enactment as defined in section 4 of the Northern Territory (Self-Government) Act 1978; or

        (ii) regulations made under such an enactment;

    (e) anything done in another Territory, if the thing is specified in, and specifically authorised by:

        (i) an Ordinance of that Territory; or

        (ii) regulations made under such an Ordinance.

"(1A) Without limiting subsection