Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p15
Version: federal_register_of_legislation:C2004A04938
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in that Schedule.

Division 2—Transitional rules

Transitional rule for changes to section 51 exceptions

33.(1) This section applies (in addition to subsection 51(1) of the Principal Act) to conduct taking place before the end of 3 years after the date on which this Act received the Royal Assent.

(2) In deciding whether a person has contravened Part IV of the Principal Act, a particular thing is to be disregarded if both the following conditions are met:

    (a) the thing would have been disregarded if the amendments made by section 15 had not been made; and

    (b) the thing would also have been disregarded if it had happened immediately before the commencement of this section.

Existing contracts not affected by amendments

34.(1) Subsections (2) and (3) apply in deciding whether a person has contravened Part IV of the Principal Act at any time after the commencement of the amendments made by Division 1 of this Part.

(2) Existing contracts, and things done to give effect to existing contracts, are to be disregarded to the same extent that they would have been disregarded if the amendments made by Division 1 of this Part (other than section 15) had not been made.

(3) If an existing contract is varied on or after the cut-off date, then things done to give effect to the varied contract are not to be disregarded under subsection (2) unless they would have been disregarded under the contract as in force immediately before the cut-off date.

(4) The amendments made by Division 1 of this Part (other than section 15) do not make unenforceable a provision of an existing contract that was not unenforceable immediately before the commencement of those amendments.

(5) In this section:

"cut-off date" means 19 August 1994;

"existing contract" means a contract that was made before the cut-off date.

PART 3—AMENDMENTS COMMENCING AT THE SECOND COMMENCEMENT TIME

Division 1—Amendments

Application of Act to Commonwealth and Commonwealth authorities

35. Section 2A of the Principal Act is amended by inserting in subsection (1) "and section 44E" after "section".

Interpretation

36. Section 4 of the Principal Act is amended:

    (a) by omitting from the definition of "Commission" in subsection (1) "Trade Practices" and substituting "Australian Competition and Consumer";

    (b) by omitting from the definition of "member of the Commission" in subsection (1) "Chairman" and substituting "Chairperson";

    (c) by omitting from the definition of "Tribunal" in subsection (1) "Trade Practices Tribunal continued in existence by this Act" and substituting "Australian Competition Tribunal";

    (d) by omitting from subsection (1) the definitions of "Chairman" and "Deputy Chairman";

    (e) by inserting in subsection (1):

    " 'Chairperson' means the Chairperson of the Commission;

    'Council' means the National Competition Council established by section 29A;