Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_44zzrp:p1
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 44ZZRP (pt 1/2)
Character Range: 38288–40996

44ZZRP  Joint ventures—civil penalty proceedings
 (1) Sections 44ZZRJ and 44ZZRK do not apply in relation to a contract containing a cartel provision if:
 (a) the cartel provision is for the purposes of a joint venture; and
 (b) the joint venture is for the production and/or supply of goods or services; and
 (c) in a case where subparagraph 4J(a)(i) applies to the joint venture—the joint venture is carried on jointly by the parties to the contract; and
 (d) in a case where subparagraph 4J(a)(ii) applies to the joint venture—the joint venture is carried on by a body corporate formed by the parties to the contract for the purpose of enabling those parties to carry on the activity mentioned in paragraph (b) jointly by means of:
 (i) their joint control; or
 (ii) their ownership of shares in the capital;
  of that body corporate.
Note: For example, if a joint venture formed for the purpose of research and development provides the results of its research and development to participants in the joint venture, it may be a joint venture for the supply of services.
 (1A) Section 44ZZRJ does not apply in relation to an arrangement or understanding containing a cartel provision if:
 (a) the arrangement or understanding is not a contract; and
 (b) when the arrangement was made, or the understanding was arrived at, each party to the arrangement or understanding:
 (i) intended the arrangement or understanding to be a contract; and
 (ii) reasonably believed that the arrangement or understanding was a contract; and
 (c) the cartel provision is for the purposes of a joint venture; and
 (d) the joint venture is for the production and/or supply of goods or services; and
 (e) in a case where subparagraph 4J(a)(i) applies to the joint venture—the joint venture is carried on jointly by the parties to the arrangement or understanding; and
 (f) in a case where subparagraph 4J(a)(ii) applies to the joint venture—the joint venture is carried on by a body corporate formed by the parties to the arrangement or understanding for the purpose of enabling those parties to carry on the activity mentioned in paragraph (d) jointly by means of:
 (i) their joint control; or
 (ii) their ownership of shares in the capital;
  of that body corporate.
Note: For example, if a joint venture formed for the purpose of research and development provides the results of its research and development to participants in the joint venture, it may be a joint venture for the supply of services.
 (1B) Section 44ZZRK does not apply in relation to giving effect to a cartel provision contained in an arrangement or understanding if:
 (a) the arrangement or understanding is not a contract; and
 (b) when the arrangement was