Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_44zzrd:p2
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 44ZZRD (pt 2/4)
Character Range: 96667–99258

any or all of the parties to the contract, arrangement or understanding; or
 (ii) the persons or classes of persons who have supplied, or who are likely to supply, goods or services to any or all of the parties to the contract, arrangement or understanding; or
 (iii) the geographical areas in which goods or services are supplied, or likely to be supplied, by any or all of the parties to the contract, arrangement or understanding; or
 (iv) the geographical areas in which goods or services are acquired, or likely to be acquired, by any or all of the parties to the contract, arrangement or understanding; or
 (c) ensuring that in the event of a request for bids in relation to the supply or acquisition of goods or services:
 (i) one or more parties to the contract, arrangement or understanding bid, but one or more other parties do not; or
 (ii) 2 or more parties to the contract, arrangement or understanding bid, but at least 2 of them do so on the basis that one of those bids is more likely to be successful than the others; or
 (iii) 2 or more parties to the contract, arrangement or understanding bid, but not all of those parties proceed with their bids until the suspension or finalisation of the request for bids process; or
 (iv) 2 or more parties to the contract, arrangement or understanding bid and proceed with their bids, but at least 2 of them proceed with their bids on the basis that one of those bids is more likely to be successful than the others; or
 (v) 2 or more parties to the contract, arrangement or understanding bid, but a material component of at least one of those bids is worked out in accordance with the contract, arrangement or understanding.
Note 1: For example, subparagraph (3)(a)(iii) will not apply in relation to a roster for the supply of after‑hours medical services if the roster does not prevent, restrict or limit the supply of services.
Note 2: The purpose condition can be satisfied when a provision is considered with related provisions—see subsection (9).
Note 3: Party has an extended meaning—see section 44ZZRC.

Competition condition
 (4) The competition condition is satisfied if at least 2 of the parties to the contract, arrangement or understanding:
 (a) are or are likely to be; or
 (b) but for any contract, arrangement or understanding, would be or would be likely to be;
in competition with each other in relation to:
 (c) if paragraph (2)(c) or (3)(b) applies in relation to a supply, or likely supply, of goods or services—the supply of those goods or services; or
 (d) if paragraph (2)(d) or (3)(b) applies in relation to