Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:1_47:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 1 cl 47 (pt 1/6)
Character Range: 2344542–2347088

47  Exclusive dealing
 (1) Subject to this section, a person shall not, in trade or commerce, engage in the practice of exclusive dealing.
 (2) A person (the first person) engages in the practice of exclusive dealing if the first person:
 (a) supplies, or offers to supply, goods or services;
 (b) supplies, or offers to supply, goods or services at a particular price; or
 (c) gives or allows, or offers to give or allow, a discount, allowance, rebate or credit in relation to the supply or proposed supply of goods or services by the first person;
on the condition that the person (the second person) to whom the first person supplies, or offers or proposes to supply, the goods or services or, if the second person is a body corporate, a body corporate related to that body corporate:
 (d) will not, or will not except to a limited extent, acquire goods or services, or goods or services of a particular kind or description, directly or indirectly from a competitor of the first person or from a competitor of a body corporate related to the first person;
 (e) will not, or will not except to a limited extent, re‑supply goods or services, or goods or services of a particular kind or description, acquired directly or indirectly from a competitor of the first person or from a competitor of a body corporate related to the first person; or
 (f) in the case where the first person supplies or would supply goods or services, will not re‑supply the goods or services to any person, or will not, or will not except to a limited extent, re‑supply the goods or services:
 (i) to particular persons or classes of persons or to persons other than particular persons or classes of persons; or
 (ii) in particular places or classes of places or in places other than particular places or classes of places.
 (3) A person (the first person) also engages in the practice of exclusive dealing if the first person refuses:
 (a) to supply goods or services to a second person;
 (b) to supply goods or services to a second person at a particular price; or
 (c) to give or allow a discount, allowance, rebate or credit in relation to the supply or proposed supply of goods or services to a second person;
for the reason that the second person or, if the second person is a body corporate, a body corporate related to that body corporate:
 (d) has acquired, or has not agreed not to acquire, goods or services, or goods or services of a particular kind or description, directly or indirectly from a competitor of the first person or from a competitor of a body