Document ID: chunk:federal_register_of_legislation:C2025C00189:section:151aj:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 151AJ (pt 2/3)
Character Range: 1740943–1743671

or 48, the following assumptions are to be made:
 (a) the assumption that subparagraphs 45(3)(a)(ii) and (b)(ii) had not been enacted;
 (b) the assumption that the expression "or a body corporate related to the corporation" were omitted from paragraph 45(4)(b);
 (e) the assumption that the expression "or from a competitor of a body corporate related to the corporation" were omitted from each of the following provisions:
 (i) paragraphs 47(2)(d) and (e);
 (ii) paragraphs 47(3)(d) and (e);
 (iii) subparagraphs 47(8)(a)(i) and (ii);
 (f) the assumption that the expression "not being a body corporate related to the corporation" were omitted from subsections 47(6) and (7) and paragraphs 47(8)(c) and 47(9)(d);
 (g) the assumption that the expression "or from a competitor of a body corporate related to the corporation" were omitted from paragraphs 47(9)(a) and (b);
 (h) the assumption that the expression ", or by a body corporate related to the corporation," were omitted from paragraph 47(10)(b);
 (i) the assumption that the expression "or any body corporate related to that corporation" were omitted from subparagraph 47(13)(b)(i);
 (j) the assumption that the expression "or any body corporate related to either of those corporations" were omitted from paragraph 47(13)(c) and the expression "any body corporate related to the last‑mentioned corporation" were substituted;
 (k) the assumption that the expression "where the second person mentioned in that paragraph is a corporation" were omitted from subsection 96(2).
 (6) A person may be taken to have engaged in anti‑competitive conduct even if the conduct involves the exercise, or proposed exercise, of an existing legal or equitable right (whether under a contract or otherwise).
 (7) Despite anything in this section, a carrier or carriage service provider does not engage in anti‑competitive conduct if that conduct does not constitute a contravention of section 45AJ, 45AK, 45, 47 or 48:
 (a) because an authorisation is in force; or
 (b) because of the operation of subsection 45AL(1) or 45(8A) or section 93; or
 (c) because of the operation of subsection 45(9); or
 (e) because of the operation of section 45AM.
 (8) A carrier or carriage service provider does not engage in anti‑competitive conduct if that conduct occurred before 1 July 1997.
 (9) Despite anything in this section, a person does not engage in anti‑competitive conduct if, under section 577BA of the Telecommunications Act 1997, the conduct is authorised for the purposes of subsection 51(1) of this Act.
 (10) Despite anything in this section, a person does not engage in anti‑competitive conduct if, under section 151DA, the conduct is authorised for the purposes of subsection 51(1).