Document ID: chunk:federal_register_of_legislation:C2025C00189:section:45:p3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 45 (pt 3/3)
Character Range: 430077–432220

section 88, contravene section 49.
 (7) This section does not apply to or in relation to:
 (a) a contract, arrangement or understanding to the extent that the contract, arrangement or understanding directly or indirectly provides for; or
 (b) a proposed contract, arrangement or understanding to the extent that the proposed contract, arrangement or understanding would directly or indirectly provide for; or
 (c) a concerted practice to the extent that the practice directly involves;
the acquisition of any shares in the capital of a body corporate or any assets of a person.
 (8) This section does not apply to or in relation to:
 (a) a contract, arrangement or understanding, or
 (b) a proposed contract, arrangement or understanding; or
 (c) a concerted practice;
the only parties to which are or would be bodies corporate that are related to each other.
 (8AA) This section does not apply to or in relation to a concerted practice if the only persons engaging in it are or would be:
 (a) the Crown in right of the Commonwealth and one or more authorities of the Commonwealth; or
 (b) the Crown in right of a State or Territory and one or more authorities of that State or Territory.
 (8A) Subsection (1) does not apply to a corporation engaging in conduct described in that subsection if:
 (a) the corporation has given the Commission a collective bargaining notice under subsection 93AB(1) describing the conduct; and
 (b) the notice is in force under section 93AD.
 (9) The making by a corporation of a contract that contains a provision in relation to which the corporation intends to apply for an authorisation under section 88 is not a contravention of subsection (1) of this section if:
 (a) the contract is subject to a condition that the provision will not come into force unless and until the corporation is granted an authorisation to give effect to the provision; and
 (b) the corporation applies for the grant of such an authorisation within 14 days after the contract is made;
but nothing in this subsection prevents the giving effect by a corporation to such a provision from constituting a contravention of subsection (1).