Document ID: chunk:federal_register_of_legislation:C2025C00189:section:45da
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 45DA
Character Range: 433593–434988

45DA  Secondary boycotts for the purpose of causing substantial lessening of competition
 (1) In the circumstances specified in subsection (3), a person must not, in concert with a second person, engage in conduct:
 (a) that hinders or prevents:
 (i) a third person supplying goods or services to a fourth person (who is not an employer of the first person or the second person); or
 (ii) a third person acquiring goods or services from a fourth person (who is not an employer of the first person or the second person); and
 (b) that is engaged in for the purpose, and would have or be likely to have the effect, of causing a substantial lessening of competition in any market in which the fourth person supplies or acquires goods or services.
Note 1: Conduct that would otherwise contravene this section can be authorised under section 88.
Note 2: This section also has effect subject to section 45DD, which deals with permitted boycotts.
 (2) A person is taken to engage in conduct for a purpose mentioned in subsection (1) if the person engages in the conduct for purposes that include that purpose.
 (3) Subsection (1) applies if:
 (a) the third person or the fourth person is a corporation, or both of them are corporations; and
 (b) the conduct would have or be likely to have the effect of causing substantial loss or damage to the business of one of those persons who is a corporation.