Document ID: chunk:federal_register_of_legislation:C2004A01219:clause:2_95z:p2
Version: federal_register_of_legislation:C2004A01219
Segment Type: clause
Provision Reference: sch 2 cl 95Z (pt 2/2)
Character Range: 45972–48204

same or substantially similar terms and conditions in the period of 12 months before the current supply; and
 (d) the current supply is not an exempt supply.

Penalty: 100 penalty units.

Note: Subsection (4) contains a defence to this offence.

Defence

 (4) Subsection (1), (2) or (3) does not apply if the following 4 requirements are satisfied.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Locality notice

 (5) The first requirement is that the person has given the Commission a notice (a locality notice) in writing stating that the person proposes to supply goods or services of that description in that locality on specified terms and conditions (the proposed terms) at a specified price (the proposed price).

Note: The person may give further notices modifying the locality notice: see section 95ZA.

Response to locality notice

 (6) The second requirement is that:
 (a) the applicable period in relation to the locality notice has ended; or
 (b) the Commission has given the person a notice in writing stating that it has no objection to the person supplying goods or services of that description in that locality on the proposed terms at the proposed price; or
 (c) both of the following apply:
 (i) the Commission has given the person a notice (the response notice) in writing stating that it would have no objection to the person supplying goods or services of that description in that locality on the proposed terms at a specified price (the approved price) that is less than the proposed price;
 (ii) the person has, not later than 7 days after being given the response notice, given the Commission a notice in writing stating that the person proposes to supply goods or services of that description in that locality on the proposed terms at a price not exceeding the approved price.

Actual terms

 (7) The third requirement is that the actual terms are the same as, or substantially similar to, the proposed terms.

Actual price

 (8) The fourth requirement is that the actual price does not exceed:
 (a) if paragraph (6)(a) or (b) applies—the proposed price; or
 (b) if paragraph (6)(c) applies—the approved price.