Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p8
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 21960–24858

regulations made under such an enactment;

    (e) anything done in another Territory, if the thing is specified in, and specifically authorised by:

        (i) an Ordinance of that Territory; or

        (ii) regulations made under such an Ordinance.

"(1A) Without limiting subsection (1), conduct is taken to be specified in, and authorised by, a law for the purposes of that subsection if:

    (a) a licence or other instrument issued or made under the law specifies one or both of the following:

        (i) the person authorised to engage in the conduct;

        (ii) the place where the conduct is to occur; and

    (b) the law specifies the attributes of the conduct except those mentioned in paragraph (a).

For this purpose, 'law' means an Act, State Act, enactment or Ordinance.

"(1B) Subsections (1) and (1A) apply regardless of when the Acts, State Acts, enactments, Ordinances, regulations or instruments referred to in those subsections were passed, made or issued.

"(1C) The operation of subsection (1) is subject to the following limitations:

    (a) in order for something to be regarded as specifically authorised for the purposes of subsection (1), the authorising provision must expressly refer to this Act;

    (b) subparagraph (1)(a)(ii) and paragraphs (1)(b), (c), (d) and (e) do not apply in deciding whether a person has contravened section 50 or 50A;

    (c) regulations referred to in subparagraph (1)(a)(ii), (b)(ii), (c)(ii), (d)(ii) or (e)(ii) do not have the effect of requiring a particular thing to be disregarded if the thing happens more than 2 years after those regulations came into operation;

    (d) regulations referred to in subparagraph (1)(a)(ii), (b)(ii), (c)(ii), (d)(ii) or (e)(ii) do not have the effect of requiring a particular thing to be disregarded to the extent that the regulations are the same in substance as other regulations:

        (i) referred to in the subparagraph concerned; and

        (ii) that came into operation more than 2 years before the particular thing happened;

    (e) paragraphs (1)(b) to (d) have no effect in relation to things authorised by a law of a State or Territory unless:

        (i) at the time of the alleged contravention referred to in subsection (1) the State or Territory was a party to both the Competition Principles Agreement and the Conduct Code Agreement; or

        (ii) all of the following conditions are met:

            (A) within 12 months before the alleged contravention referred to in subsection (1) the State or Territory ceased to be a party to the Conduct Code Agreement or to the Competition Principles Agreement;

            (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