Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p58
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 139676–142344

understanding, not being a contract, arrangement or understanding or a proposed contract, arrangement or understanding that contains a provision of a kind to which sub-section 88(2) of the Principal Act as amended by this Act applies;
     (b) the previous Commission gave a notice to the person before that date under sub-section 92(2) of the Principal Act in relation to the contract, arrangement or understanding or the proposed contract, arrangement or understanding, being a notice that had not been revoked; and
     (c) section 45 or 45b of the Principal Act as amended by this Act applies to or in relation to a provision of the contract, arrangement or understanding,
the notice by the previous Commission has effect as if it were an authorization to give effect to the provision referred to in paragraph (c) granted to the person by the new Commission on that date under sub-section 88(1) or (5), as the case may be, of the Principal Act as amended by this Act.
(5) Where, before the date of commencement of this section, a corporation made a contract to which sub-section 88(1) of the Principal Act applied (not being a contract to which that sub-section applied by reason only that the contract contained a covenant) and the contract was subject to a condition that the contract would not come into force unless and until a notice was given to the corporation under sub-section 92(2) of the Principal Act in relation to the contract—
     (a) the contract shall be deemed to be subject to the condition referred to in paragraph 45(9)(a) of the Principal Act as amended by this Act; and
     (b) if, before the date of commencement of this section, the corporation gave, as mentioned in paragraph 45(8)(b) of the Principal Act, a notice, in relation to the contract, to the Trade Practices Commission established under the Principal Act and that Commission did not, before that date, give notice in writing to the corporation stating whether or not that Commission considered that any restraint of trade or commerce resulting from the contract had, or was likely to have, a significant effect upon competition, the giving of the notice by the corporation shall be deemed to have been an application by the corporation for the grant of an authorization to give effect to any provisions of the contract to or in relation to which sub-section 88(1) of the Principal Act as amended by this Act applies.
(6) Where, before the date of commencement of this section, a corporation made a contract that contained a covenant and the contract was subject to a condition that the contract would not come into force unless and until a notice was given to the corporation