Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p74
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 189353–192350

rights subsist;

    (b) the inclusion in a contract, arrangement or understanding authorizing the use of a certification trade mark of a provision in accordance with rules applicable under Part XI of the Trade Marks Act 1955, or the giving effect to such a provision; or

    (c) the inclusion in a contract, arrangement or understanding between:

        (i) the registered proprietor of a trade mark other than a certification trade mark; and

        (ii) a person registered as a registered user of that trade mark under Part IX of the Trade Marks Act 1955 or a person authorized by the contract to use the trade mark subject to his becoming registered as such a registered user;

    of a provision to the extent that it relates to the kinds, qualities or standards of goods bearing the mark that may be produced or supplied, or the giving effect to the provision to that extent.

(4) This section applies in determining whether a provision of a contract is unenforceable by reason of subsection 45(1), or whether a covenant is unenforceable by reason of subsection 45B(1), in like manner as it applies in determining whether a contravention of a provision of this Part has been committed.

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 SCHEDULE 2 Section 32

AMENDMENTS RELATING TO CONDUCT RULES AND
COMPETITION CODE

Australian Postal Corporation Act 1989

After subsection 33A(6):

Insert:

"(6A) The following conduct is authorised for the purposes of subsection 51(1) of the Trade Practices Act 1974:

    (a) making and carrying out an agreement described in subsection (2) of this section;

    (b) applying to the Federal Court under subsection (3) of this section.".

Jurisdiction of Courts (Cross-vesting) Act 1987

Subsection 3(1) (definition of "special federal matter"):

After paragraph (a) insert:

       "(aa) a matter arising under the Competition Code (as defined in section 150A of the Trade Practices Act 1974);".

Section 3:

Add at the end:

"(4) Jurisdiction conferred on the Federal Court by an application law (as defined in section 150A of the Trade Practices Act 1974) is to be treated for the purposes of this Act as if that jurisdiction were federal jurisdiction.".

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 SCHEDULE 3 Section 77

OTHER AMENDMENTS RELATING TO THE CREATION AND FUNCTIONS OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION AND TO ACCESS TO DECLARED SERVICES

Agricultural and Veterinary Chemicals Code Act 1994

Schedule, section 100:

Omit "Trade Practices Commission", substitute "Australian Competition and Consumer Commission".

Australian Maritime Safety Authority Act 1990

Paragraph 47(4)(a):

Omit "that the Prices Surveillance Authority is to hold", substitute "about".

Paragraph 47(7) (a):

Omit "that the Prices Surveillance Authority is to hold", substitute "about".

Subparagraph 47(7)(a)(i):

Omit "Prices Surveillance Authority has given to the Authority", substitute "Authority has received a".

Subparagraph 47(7)(a)(ii):

Omit "that the Prices Surveillance Authority gave",