Document ID: chunk:federal_register_of_legislation:C2016C01084:section:4
Version: federal_register_of_legislation:C2016C01084
Segment Type: section
Provision Reference: s 4
Character Range: 5854–7789

4  Interpretation
 (1) In this Part, unless the contrary intention appears:
antitrust proceedings to which this Part applies means:
 (a) proceedings instituted in or before a foreign court that are:
 (i) proceedings instituted under an antitrust law; or
 (ii) proceedings for contribution instituted by a person who was a defendant in substantive proceedings that were instituted under an antitrust law;
  where those proceedings constitute proceedings to which this Part applies; or
 (b) action taken under an antitrust law or in relation to proceedings that have been, or may be, instituted under an antitrust law, where that action constitutes proceedings to which this Part applies.
prescribed proceedings, in relation to a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country, means proceedings:
 (a) in respect of which, under any law that is applicable in relation to those proceedings, the court would be empowered to assume jurisdiction if, in the proceedings, an adverse effect, or an adverse effect of a particular kind, on the foreign commerce of that other country were to be alleged, whether or not the conduct in respect of which the proceedings are instituted is alleged to have taken place in that country; and
 (b) in which, under any law that is applicable in relation to those proceedings, multiple damages may be awarded.
proceedings to which this Part applies means any proceedings or other action to which this Part applies by virtue of section 5.
substantive proceedings means proceedings to which this Part applies by virtue of paragraph 5(a).
 (2) For the purposes of this Part, where, in proceedings instituted in or before a foreign court, a person makes a cross‑claim, counter‑claim, third‑party claim, or similar claim, for contribution, the person shall be taken to have instituted proceedings in or before that court for contribution.