Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:1_45e:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 1 cl 45E (pt 2/3)
Character Range: 2337039–2339579

(i) that is not a condition to which the acquisition of such goods or services by the first person from the second person has previously been subject because of a provision in a contract between those persons; and
 (ii) that is about the persons to whom, the manner in which or the terms on which the second person may supply any goods or services.

No contravention if second person gives written consent to written contract etc.
 (4) Subsections (2) and (3) do not apply to a contract, arrangement or understanding if it is in writing and was made or arrived at with the written consent of the second person.

Meaning of accustomed to supply
 (5) In this section, a reference to a person who has been accustomed to supply goods or services to a second person includes (subject to subsection (6)):
 (a) a regular supplier of such goods or services to the second person; or
 (b) the latest supplier of such goods or services to the second person; or
 (c) a person who, at any time during the immediately preceding 3 months, supplied such goods or services to the second person.

Exception to subsection (5)
 (6) If:
 (a) goods or services have been supplied by a person to a second person under a contract between them that required the first person to supply such goods or services over a period; and
 (b) the period has ended; and
 (c) after the end of the period, the second person has been supplied with such goods or services by another person and has not also been supplied with such goods or services by the first person;
then, for the purposes of the application of this section in relation to anything done after the second person has been supplied with goods or services as mentioned in paragraph (c), the first person is not to be taken to be a person who has been accustomed to supply such goods or services to the second person.

Meaning of accustomed to acquire
 (7) In this section, a reference to a person who has been accustomed to acquire goods or services from a second person includes (subject to subsection (8)):
 (a) a regular acquirer of such goods or services from the second person; or
 (b) a person who, when last acquiring such goods or services, acquired them from the second person; or
 (c) a person who, at any time during the immediately preceding 3 months, acquired such goods or services from the second person.

Exception to subsection (7)
 (8) If:
 (a) goods or services have been acquired by a person from a second person under a contract between them that required the first person to acquire such goods