Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_66
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 66
Character Range: 60428–61715

66  After subsection 90(5)
Insert:
 (5A) The Commission must not make a determination granting an authorisation under subsection 88(1A) in respect of a provision of a proposed contract, arrangement or understanding that would be, or might be, a cartel provision, unless the Commission is satisfied in all the circumstances:
 (a) that the provision would result, or be likely to result, in a benefit to the public; and
 (b) that the benefit would outweigh the detriment to the public constituted by any lessening of competition that would result, or be likely to result, if:
 (i) the proposed contract or arrangement were made, or the proposed understanding were arrived at; and
 (ii) the provision were given effect to.
 (5B) The Commission must not make a determination granting an authorisation under subsection 88(1A) in respect of a provision of a contract, arrangement or understanding that is or may be a cartel provision, unless the Commission is satisfied in all the circumstances:
 (a) that the provision has resulted, or is likely to result, in a benefit to the public; and
 (b) that the benefit outweighs or would outweigh the detriment to the public constituted by any lessening of competition that has resulted, or is likely to result, from giving effect to the provision.