Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p71
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 181815–184689

to which paragraph (b) of this subsection does not apply—at the expiration of 14 days after the period in which an application may be made to the Tribunal for a review of the determination by the Commission of the application for the authorization; or

    (b) if an application is made to the Tribunal for a review of the determination by the Commission of the application for the authorization—at the expiration of 14 days after the date of the making by the Tribunal of a determination on the review.

SCHEDULE 1—continued

    (6) In this section:

"market" means a substantial market for goods or services in Australia, in a State or in a Territory.

Exceptions

51.(1) In deciding whether a person has contravened this Part, the following must be disregarded:

    (a) anything that is disregarded for the purposes of Part IV of the Trade Practices Act 1974 because of subsection 51(1) of that Act;

    (b) anything done in a State, if the thing is specified in, and specifically authorised by:

        (i) an Act passed by the Parliament of that State; or

        (ii) regulations made under such an Act;

    (c) anything done in the Australian Capital Territory, if the thing is specified in, and specifically authorised by:

        (i) an enactment as defined in section 3 of the Australian Capital Territory (Self-Government) Act 1988; or

        (ii) regulations made under such an enactment;

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

        (i) an enactment as defined in section 4 of the Northern Territory (Self-Government) Act 1978; or

        (ii) 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 a State Act, enactment or Ordinance.

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

SCHEDULE 1—continued

(1C) The operation of subsection (1) (other than paragraph (1)(a)) 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