Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_44zzrd:p1
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 44ZZRD (pt 1/4)
Character Range: 15459–18181

44ZZRD  Cartel provisions
 (1) For the purposes of this Act, a provision of a contract, arrangement or understanding is a cartel provision if:
 (a) either of the following conditions is satisfied in relation to the provision:
 (i) the purpose/effect condition set out in subsection (2);
 (ii) the purpose condition set out in subsection (3); and
 (b) the competition condition set out in subsection (4) is satisfied in relation to the provision.

Purpose/effect condition
 (2) The purpose/effect condition is satisfied if the provision has the purpose, or has or is likely to have the effect, of directly or indirectly:
 (a) fixing, controlling or maintaining; or
 (b) providing for the fixing, controlling or maintaining of;
the price for, or a discount, allowance, rebate or credit in relation to:
 (c) goods or services supplied, or likely to be supplied, by any or all of the parties to the contract, arrangement or understanding; or
 (d) goods or services acquired, or likely to be acquired, by any or all of the parties to the contract, arrangement or understanding; or
 (e) goods or services re‑supplied, or likely to be re‑supplied, by persons or classes of persons to whom those goods or services were supplied by any or all of the parties to the contract, arrangement or understanding; or
 (f) goods or services likely to be re‑supplied by persons or classes of persons to whom those goods or services are likely to be supplied by any or all of the parties to the contract, arrangement or understanding.
Note 1: The purpose/effect condition can be satisfied when a provision is considered with related provisions—see subsection (8).
Note 2: Party has an extended meaning—see section 44ZZRC.

Purpose condition
 (3) The purpose condition is satisfied if the provision has the purpose of directly or indirectly:
 (a) preventing, restricting or limiting:
 (i) the production, or likely production, of goods by any or all of the parties to the contract, arrangement or understanding; or
 (ii) the capacity, or likely capacity, of any or all of the parties to the contract, arrangement or understanding to supply services; or
 (iii) the supply, or likely supply, of goods or services to persons or classes of persons by any or all of the parties to the contract, arrangement or understanding; or
 (b) allocating between any or all of the parties to the contract, arrangement or understanding:
 (i) the persons or classes of persons who have acquired, or who are likely to acquire, goods or services from 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