Document ID: chunk:federal_register_of_legislation:C2025C00189:section:51:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 51 (pt 2/4)
Character Range: 485675–488372

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 fully‑participating jurisdiction and a party to the Competition Principles Agreement; or
 (ii) all of the following conditions are met:
 (A) the Minister published a notice in the Gazette under subsection 150K(1) in relation to the State or Territory, or the State or Territory ceased to be a party to the Competition Principles Agreement, within 12 months before the alleged contravention referred to in subsection (1);
 (B) the thing authorised was the making of a contract, or an action under a contract, that existed immediately before the Minister published the notice or the State or Territory ceased to be a party;
 (C) the law authorising the thing was in force immediately before the Minister published the notice or the State or Territory ceased to be a party;
 (f) subsection (1) does not apply to things that are covered by paragraph (1)(b), (c), (d) or (e) to the extent that those things are prescribed by regulations made under this Act for the purposes of this paragraph.
 (2) In determining whether a contravention of a provision of this Part other than section 45D, 45DA, 45DB, 45E, 45EA or 48 has been committed, regard shall not be had:
 (a) to any act done, or concerted practice, to the extent that it relates to the remuneration, conditions of employment, hours of work or working conditions of employees; or
 (aa) to:
 (i) the making of a contract or arrangement, or the entering into of an understanding; or
 (ii) any provision of a contract, arrangement or understanding;
  to the extent that the contract, arrangement, understanding or provision relates to the remuneration, conditions of employment, hours of work or working conditions of employees; or
 (b) to any provision of a contract of service or of a contract for the provision of services, being a provision under which a person, not being a body corporate, agrees to accept restrictions as to the work, whether as an employee or otherwise, in which he or she may engage during, or after the termination of, the contract; or
 (c) to:
 (i) any provision of a contract, arrangement or