Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_44zzrm
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 44ZZRM
Character Range: 30914–31719

44ZZRM  Cartel provision subject to grant of authorisation
 (1) Sections 44ZZRF and 44ZZRJ do not apply in relation to the making of a contract that contains a cartel provision if:
 (a) the contract is subject to a condition that the provision will not come into force unless and until the corporation is granted an authorisation to give effect to the provision; and
 (b) the corporation applies for the grant of such an authorisation within 14 days after the contract is made.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3) of the Criminal Code and subsection (2) of this section).
 (2) A person who wishes to rely on subsection (1) in relation to a contravention of section 44ZZRJ bears an evidential burden in relation to that matter.