Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 43

43. Section 45D of the Principal Act is repealed and the following section is
substituted: Boycotts

"45D.(1) Subject to subsection (2), a person must not, in concert with a
second person, engage in conduct that hinders or prevents the supply of goods
or services by a third person to a fourth person, or the acquisition of goods
or services by a third person from a fourth person, if:

   (a)  the third person is, and the fourth person is not, a corporation and:

        (i)    the conduct would have or be likely to have the effect of
               causing a substantial lessening of competition in any market in
               which the third person supplies or acquires goods or services;
               and

        (ii)   the conduct is engaged in for the purpose, and would have or be
               likely to have the effect, of causing a substantial lessening
               of competition in any market in which the fourth person
               acquires goods or services; or

   (b)  the fourth person is a corporation and the conduct is engaged in for
        the purpose, and would have or be likely to have the effect, of
        causing a substantial lessening of competition in any market in which
        the fourth person supplies or acquires goods or services.

"(2) In determining whether a contravention of subsection (1) has been
committed, boycott conduct within the meaning of Division 7 of Part VI of the
Industrial Relations Act 1988 is to be disregarded.

"(3) This section does not affect the operation of any other provision of this
Part.".