Commonwealth Consolidated Acts

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Cartel provision subject to grant of authorisation

  (1)   Sections   45AF and 45AJ do not apply in relation to the making of a contract that contains a cartel provision if:

  (a)   the contract is subject to a condition that the provision will not come into force unless and until the corporation is granted an authorisation to give effect to the provision; and

  (b)   the corporation applies for the grant of such an authorisation within 14 days after the contract is made.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1) (see subsection   13.3(3) of the Criminal Code and subsection   (2) of this section).

  (2)   A person who wishes to rely on subsection   (1) in relation to a contravention of section   45AJ bears an evidential burden in relation to that matter.

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