Document ID: chunk:federal_register_of_legislation:C2025C00189:section:46a:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 46A (pt 2/2)
Character Range: 457681–459290

or of any of those bodies corporate, in the trans‑Tasman market; or
 (b) persons to whom or from whom the body corporate, or any of those bodies corporate, supplies or acquires goods or services in the trans‑Tasman market.
 (5) Without extending by implication the meaning of subsection (2), a corporation is not taken to contravene that subsection merely because it acquires plant or equipment.
 (6) This section does not prevent a corporation from engaging in conduct that does not constitute a contravention of any of the following sections, namely, sections 45, 47, 49 and 50, because an authorisation is in force or because of the operation of subsection 45(8A) or section 93.
 (7) Without limiting the manner in which the purpose of a person may be established for the purposes of any other provision of this Act, a corporation may be taken to have taken advantage of its market power for a purpose referred to in subsection (2) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the corporation or of any other person or from other relevant circumstances.
 (8) It is the intention of the Parliament that this section, and the provisions of Parts VI and XII so far as they relate to a contravention of this section, should apply to New Zealand and New Zealand Crown corporations to the same extent, and in the same way, as they respectively apply under section 2A to the Commonwealth and authorities of the Commonwealth.
 (9) Subsection (8) has effect despite section 9 of the Foreign States Immunities Act 1985.