Document ID: chunk:federal_register_of_legislation:C2004A02005:body:0:p13
Version: federal_register_of_legislation:C2004A02005
Segment Type: other
Provision Reference: 
Character Range: 28807–31573

particular, to—
     (a) the availability of suitable alternative sources of supply of the goods;
     (b) the availability of equivalent goods; and
     (c) whether the goods were manufactured, processed or adapted to the special order of the seller.
"(4) This section is subject to any term of a contract between the manufacturer and the seller imposing on the manufacturer a greater liability than the liability mentioned in sub-section (1).
"(5) In this section, the expressions 'manufacturer' and 'seller' have the same respective meanings as in section 74h.

Heading
15. The heading to Part VII of the Principal Act is amended by omitting ", NOTIFICATIONS AND CLEARANCES" and substituting "AND NOTIFICATIONS".

Power of Commission to grant authorizations
16. Section 88 of the Principal Act is amended by inserting after sub-section (2) the following sub-section:
"(2a) The reference in paragraph (2) (a) to the supply or acquisition of goods by persons in competition with each other includes a reference to the supply or acquisition of goods by persons who, but for a provision of any contract, arrangement or understanding or of any proposed contract, arrangement or understanding, would be, or would be likely to be, in competition with each other in relation to the supply or acquisition of the goods.".

Determination of applications for authorizations
17. Section 90 of the Principal Act is amended—
    (a) by inserting in sub-section (6) "(other than conduct to which sub-section 47(6) or (7) applies)" after "conduct" (first occurring);
    (b) by omitting "or" at the end of sub-paragraph (i) of paragraph (a) of sub-section (8);
    (c) by adding "; or" at the end of sub-paragraph (ii) of paragraph (a) of sub-section (8); and
    (d) by inserting after sub-paragraph (ii) of paragraph (a) of subsection (8) the following sub-paragraph:
         "(iii) an authorization under sub-section 88(8) in respect of proposed conduct to which sub-section 47(6) or (7) applies,".

Heading
18. The heading to Division 2 of Part VII is amended by omitting the words "and Clearances".

Notification of exclusive dealing
19. Section 93 of the Principal Act is amended by inserting in sub-section (3) "has or would have the purpose or" before "has or is likely to have, or would have or be likely to have, the effect".

Regulations
20. Any regulations that, immediately before the date of commencement of the Trade Practices Amendment Act 1977, were in force under sub-section 172(2) or (3) of the Trade Practices Act 1974 as amended and in force immediately before that date shall be deemed to have continued in force on and after that date as if they had been made under sub-section 172(2) of the Trade Practices Act 1974 as amended and in force on that date.