Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_44zzrv
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 44ZZRV
Character Range: 124276–125136

44ZZRV  Collective acquisition of goods or services by the parties to a contract, arrangement or understanding
 (1) Sections 44ZZRF, 44ZZRG, 44ZZRJ and 44ZZRK do not apply in relation to a contract, arrangement or understanding containing a cartel provision, in so far as:
 (a) the cartel provision has the purpose, or has or is likely to have the effect, mentioned in subsection 44ZZRD(2); and
 (b) either:
 (i) the cartel provision relates to the price for goods or services to be collectively acquired, whether directly or indirectly, by the parties to the contract, arrangement or understanding; or
 (ii) the cartel provision is for the joint advertising of the price for the re‑supply of goods or services so acquired.
 (2) A person who wishes to rely on subsection (1) bears an evidential burden in relation to that matter.

Division 2—Other provisions