Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:1_47:p5
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 1 cl 47 (pt 5/6)
Character Range: 2353862–2356505

classes of persons or to persons other than particular persons or classes of persons; or
 (ii) in particular places or classes of places or in places other than particular places or classes of places; or
 (d) has not acquired, or has not agreed to acquire, goods or services of a particular kind or description directly or indirectly from another person not being a body corporate related to the first person.
 (10) Subsection (1) does not apply to the practice of exclusive dealing by a person unless:
 (a) the engaging by the person in the conduct that constitutes the practice of exclusive dealing has the purpose, or has or is likely to have the effect, of substantially lessening competition; or
 (b) the engaging by the person in the conduct that constitutes the practice of exclusive dealing, and the engaging by the person, or by a body corporate related to the person, in other conduct of the same or a similar kind, together have or are likely to have the effect of substantially lessening competition.
 (11) Subsections (8) and (9) do not apply with respect to:
 (a) conduct engaged in:
 (i) by a registered charity; and
 (ii) for or in accordance with the purposes or objects of that registered charity; or
 (b) conduct engaged in in pursuance of a legally enforceable requirement made by a registered charity, being a requirement made for or in accordance with the purposes or objects of that registered charity.
 (12) Subsection (1) does not apply with respect to any conduct engaged in by a body corporate by way of restricting dealings by another body corporate if those bodies corporate are related to each other.
 (13) In this section:
 (a) a reference to a condition shall be read as a reference to any condition, whether direct or indirect and whether having legal or equitable force or not, and includes a reference to a condition the existence or nature of which is ascertainable only by inference from the conduct of persons or from other relevant circumstances;
 (b) a reference to competition, in relation to conduct to which a provision of this section other than subsection (8) or (9) applies, shall be read as a reference to competition in any market in which:
 (i) the person engaging in the conduct or any body corporate related to that person; or
 (ii) any person whose business dealings are restricted, limited or otherwise circumscribed by the conduct or, if that person is a body corporate, any body corporate related to that body corporate;
  supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the conduct, supply or acquire, or be likely to supply or acquire, goods