Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p9
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 24617–27478

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

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

    (f) subsection (1) does not apply to things that are covered by paragraph (1)(b), (c), (d) or (e) to the extent that those things are prescribed by regulations made under this Act for the purposes of this paragraph.".

Power of Commission to grant authorisations

16. Section 88 of the Principal Act is amended:

    (a) by omitting subsections (2), (2A), (3) and (4);

    (b) by omitting from paragraph (5)(a) "(other than a proposed covenant of a kind mentioned in subsection 45C(2) that relates to the supply or acquisition of goods)";

    (c) by omitting from paragraph (5)(b) "(other than a covenant of a kind mentioned in subsection 45C(1) that relates to the supply or acquisition of goods)";

    (d) by inserting after subsection (8):

    "(8A) Subject to this Part, the Commission may, upon application by a person, grant an authorisation to the person to engage in conduct that constitutes (or may constitute) the practice of resale price

    maintenance. While the authorisation remains in force, section 48 does not prevent the person from engaging in that conduct in accordance with the authorisation.".

Determination of applications for authorisations

17. Section 90 of the Principal Act is amended:

    (a) by adding "or" at the end of subparagraphs (8)(a)(i) and (iii);

    (b) by inserting after subparagraph (8)(a)(iii):

         "(iv) an authorisation under subsection 88(8A) for proposed conduct to which section 48 applies;";

    (c) by omitting from paragraph (10)(a) "or (8)" and substituting ", (8) or (8A)".

Notification of exclusive dealing

18. Section 93 of the Principal Act is amended:

    (a) by omitting from subsection (1) "or (5) or paragraph 47(8)(a) or (b) or (9)(a), (b) or (c)" and substituting ", (5), (6), (7), (8) or (9)";

    (b) by inserting in subsection (3) "described in subsection 47(2), (3), (4) or (5) or paragraph 47(8)(a) or (b) or (9)(a), (b) or (c) and" after "kind";

    (c) by inserting after subsection (3):

    "(3A) If:

        (a) a corporation has notified the Commission under subsection (1) of conduct or proposed conduct described in subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d); and

        (b) the Commission is satisfied that the likely benefit to the public from the conduct or proposed conduct will not outweigh the likely detriment to the public from the conduct or proposed conduct;

    the Commission may give the corporation a written notice stating that the Commission is so satisfied.

    "(3B) The Commission must also give the corporation a written statement of