Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p6
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 16476–19439

by inserting in subsection (6) "or (3A)" after "93(3)".

Insertion of new sections

8. After section 43 of the Principal Act the following sections are inserted:

Counsel assisting Tribunal

"43A.(1) The President may, on behalf of the Commonwealth, appoint a legal practitioner to assist the Tribunal as counsel, either generally or in relation to a particular matter or matters.

"(2) In this section:

'legal practitioner' means a legal practitioner (however described) of the High Court or of the Supreme Court of a State or Territory.

Consultants

"43B. The Registrar may, on behalf of the Commonwealth, engage persons as consultants to, or to perform services for, the Tribunal.".

Contracts, arrangements or understandings that restrict dealings or affect competition

9. Section 45 of the Principal Act is amended:

    (a) by omitting paragraph (5)(c) and substituting:

         "(c) a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding in so far as the provision relates to:

           (i) conduct that contravenes section 48; or

           (ii) conduct that would contravene section 48 but for the operation of subsection 88(8A); or

           (iii) conduct that would contravene section 48 if this Act defined the acts constituting the practice of resale price maintenance by reference to the maximum price at which goods or services are to be sold or supplied or are to be advertised, displayed or offered for sale or supply.";

    (b) by adding at the end of paragraph (6)(b):

           "; or (iii) a notice under subsection 93(1) is in force in relation to conduct engaged in by that person on that condition.".

Contracts, arrangements or understandings in relation to prices

10. Section 45A of the Principal Act is amended:

    (a) by omitting from paragraph (2)(a) "the parties" (first occurring) and substituting "2 or more of the parties";

    (b) by omitting from paragraph (2)(a) "the parties" (second occurring) and substituting "all the parties";

    (c) by omitting from paragraph (2)(a) "those parties" and substituting "all the parties";

    (d) by omitting from paragraph (2)(b) "the parties" (first occurring) and substituting "2 or more of the parties";

    (e) by omitting from paragraph (2)(b) "the parties" (second occurring) and substituting "all the parties";

    (f) by omitting subsection (3);

    (g) by inserting in paragraph (4)(b) "or services" after "goods";

    (h) by inserting in subsection (7) "or services" after "goods" (wherever occurring).

Covenants affecting competition

11. Section 45B of the Principal Act is amended by adding at the end of paragraph (5)(b):

     "; or (iii) a notice under 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"