Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p17
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 39988–42695

acts constituting the practice of resale price maintenance by reference to the maximum price at which goods are to be sold or are to be advertised, displayed or offered for sale.

"(6) The making of a contract, arrangement or understanding does not constitute a contravention of this section by reason that the contract, arrangement or understanding contains a provision the giving effect to which would, or would but for the operation of sub-section 88(8) or section 93, constitute a contravention of section 47 and this section does not apply to or in relation to the giving effect to a provision of a contract, arrangement or understanding by way of—
     (a) engaging in conduct that contravenes, or would but for the operation of sub-section 88(8) or section 93 contravene, section 47; or
     (b) doing an act by reason of a breach or threatened breach of a condition referred to in sub-section 47(2), (4), (6) or (8), being an act done by a person at a time when—
       (i) an authorization under sub-section 88 (8) is in force in relation to conduct engaged in by that person on that condition; or
       (ii) by reason of sub-section 93 (7) conduct engaged in by that person on that condition is not to be taken to have the effect of substantially lessening competition within the meaning of section 47.
"(7) This section does not apply to or in relation to a contract, arrangement or understanding in so far as the contract, arrangement or understanding provides, or to or in relation to a proposed contract, arrangement or understanding in so far as the proposed contract, arrangement or understanding would provide, directly or indirectly for the acquisition of any shares in the capital, or any assets, of a body corporate.
"(8) This section does not apply to or in relation to a contract, arrangement or understanding, or a proposed contract, arrangement or understanding, the only parties to which are or would be bodies corporate that are related to each other.
"(9) The making by a corporation of a contract that contains a provision in relation to which sub-section 88(1) applies is not a contravention of sub-section (2) 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 authorization to give effect to the provision; and
     (b) the corporation applies for the grant of such an authorization within 14 days after the contract is made,
but nothing in this sub-section prevents the giving effect by a corporation to such a provision from constituting a contravention of sub-section (2).

Contracts, arrangements or understanding in relation to prices.
45a. (1) Without limiting