Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 4F

References to purpose or reason

  (1)   For the purposes of this Act:

  (a)   a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding shall be deemed to have had, or to have, a particular purpose if:

  (i)   the provision was included in the contract, arrangement or understanding or is to be included in the proposed contract, arrangement or understanding for that purpose or for purposes that included or include that purpose; and

  (ii)   that purpose was or is a substantial purpose; and

  (b)   a person shall be deemed to have engaged or to engage in conduct for a particular purpose or a particular reason if:

  (i)   the person engaged or engages in the conduct for purposes that included or include that purpose or for reasons that included or include that reason, as the case may be; and

  (ii)   that purpose or reason was or is a substantial purpose or reason.

  (2)   This section does not apply for the purposes of subsections   45D(1), 45DA(1), 45DB(1), 45E(2) and 45E(3).


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