Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p51
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 133139–135877

of the Principal Act is amended by omitting paragraph (1C)(e) and substituting:

     "(e) paragraphs (1)(b) to (d) have no effect in relation to things authorised by a law of a State or Territory unless:

        (i) at the time of the alleged contravention referred to in subsection (1) the State or Territory was a fully-participating jurisdiction and a party to the Competition Principles Agreement; or

        (ii) all of the following conditions are met:

            (A) the Minister published a notice in the Gazette under subsection 150K(1) in relation to the State or Territory, or the State or Territory ceased to be a party to the Competition Principles Agreement, within 12 months before the alleged contravention referred to in subsection (1);

            (B) the thing authorised was the making of a contract, or an action under a contract, that existed immediately before the Minister published the notice or the State or Territory ceased to be a party;

            (C) the law authorising the thing was in force immediately before the Minister published the notice or the State or Territory ceased to be a party;".

Insertion of new section

87. After section 51 of the Principal Act the following section is inserted in Part IV:

Concurrent operation of State and Territory laws

"51 AAA. It is the Parliament's intention that a law of a State or Territory should be able to operate concurrently with this Part unless the law is directly inconsistent with this Part.".

Division 2—Transitional rules

Temporary exemption from pecuniary penalties

88. The amendments made by section 81 do not make an authority of a State or Territory liable to a pecuniary penalty under the Principal Act for its conduct that takes place in the 12 months immediately after the commencement of that section.

Existing contracts not affected by amendments

89.(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 86) 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 86) do not make unenforceable a provision of an existing contract that was not