Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 536P

Authorisation of conduct for the purposes of the Competition and Consumer Act 2010

Conduct in accordance with order or guidelines

  (1)   For the purposes of subsection   51(1) of the Competition and Consumer Act 2010 , and the Competition Code within the meaning of that Act, anything done in accordance with a road transport contractual chain order or road transport contractual chain guidelines by a person or entity covered by the order or guidelines is specified in and specifically authorised by this Act.

Certain conduct not protected

  (2)   Despite subsection   (1), conduct referred to in that subsection is not specified in or specifically authorised by this Act if the conduct is:

  (a)   making a contract or arrangement, or arriving at an understanding, that is or contains a cartel provision that satisfies the purpose condition in either paragraph   45AD(3)(a) or (b) of the Competition and Consumer Act 2010 or the Competition Code within the meaning of that Act; or

  (b)   boycott conduct within the meaning of subsection   87AA(2) of the Competition and Consumer Act 2010 or the Competition Code within the meaning of that Act.



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