Document ID: chunk:federal_register_of_legislation:C2025C00189:section:93ab:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 93AB (pt 1/4)
Character Range: 1294980–1297716

93AB  Notification of collective bargaining

Notice to Commission—cartel provisions
 (1A) A corporation that:
 (a) has made, or proposes to make, a contract (the initial contract) that contains a cartel provision that:
 (i) has the purpose; or
 (ii) has or is likely to have the effect;
  mentioned in subsection 45AD(2); or
 (b) has made, or proposes to make, a contract (the initial contract) that contains a cartel provision that has the purpose mentioned in a paragraph of subsection 45AD(3) other than paragraph (c); or
 (c) proposes to give effect to a provision of a contract (the initial contract) where the provision is a cartel provision that:
 (i) has the purpose; or
 (ii) has or is likely to have the effect;
  mentioned in subsection 45AD(2); or
 (d) proposes to give effect to a provision of a contract (the initial contract) where the provision is a cartel provision that has the purpose mentioned in a paragraph of subsection 45AD(3) other than paragraph (c);
may give the Commission a notice (the collective bargaining notice) setting out particulars of the contract or proposed contract, but only if the 3 requirements set out in subsections (2), (3) and (4) are satisfied.
Note 1: Subsection (6) deals with the form etc. of a collective bargaining notice.
Note 2: Section 93AD sets out when a collective bargaining notice comes into force.

Notice to Commission—competition provisions
 (1) A corporation that:
 (a) has made, or proposes to make, a contract (the initial contract) containing a provision of the kind referred to in paragraph 45(1)(a); or
 (b) proposes to give effect to a provision of a contract (the initial contract) where the provision is of the kind referred to in paragraph 45(1)(b);
may give the Commission a notice (the collective bargaining notice) setting out particulars of the contract or proposed contract, but only if the 3 requirements set out in subsections (2), (3) and (4) are satisfied.
Note 1: Subsection (6) deals with the form etc. of a collective bargaining notice.
Note 2: Section 93AD sets out when a collective bargaining notice comes into force.

First—making of initial contract
 (2) First, the corporation must have made, or propose to make, the initial contract with 1 or more persons (the contracting parties) about:
 (a) the supply of particular goods or services to; or
 (b) the acquisition of particular goods or services from;
one or more other persons (the target or targets) by the corporation and the contracting parties.

Second—making of contracts
 (3) Second, the corporation must reasonably expect that it will make 1 or more contracts with the target, or with one or more of those targets, about:
 (a) the supply of 1 or more of those goods or services to; or