Commonwealth Numbered Acts

TRADE PRACTICES (BOYCOTTS) AMENDMENT ACT 1980 No. 73 of 1980 - SECT 5

5. After section 45D of the Principal Act the following section is inserted:
Prohibition of contracts, arrangements or understandings affecting supply or
acquisition of goods or services

"45E. (1) Subject to this section, a person who has been accustomed, or is
under an obligation, to supply goods or services to, or to acquire goods or
services from, a second person shall not make a contract or arrangement, or
arrive at an understanding, with a third person (being an organization of
employees, an officer of such an organization, or another person acting for or
on behalf of such an organization or officer) if the proposed contract,
arrangement or understanding contains a provision that-

   (a)  has the purpose of preventing or hindering the first-mentioned person
        from supplying or continuing to supply any such goods or services to
        the second person or, as the case may be, from acquiring or continuing
        to acquire any such goods or services from the second person;

   (b)  has the purpose of preventing or hindering the first-mentioned person
        from supplying or continuing to supply any such goods or services to
        the second person except subject to a condition (not being a condition
        to which the supply of such goods or services by the first-mentioned
        person to the second person has previously been subject by reason of a
        provision of a contract existing between those persons) as to the
        persons to whom, as to the manner in which, or as to the terms on
        which, the second person may supply any goods or services; or

   (c)  has the purpose of preventing or hindering the first-mentioned person
        from acquiring or continuing to acquire any such goods or services
        from the second person except subject to a condition (not being a
        condition to which the acquisition of such goods or services by the
        first-mentioned person from the second person has previously been
        subject by reason of a contract existing between those persons) as to
        the persons to whom, as to the manner in which, or as to the terms on
        which, the second person may supply any goods or services.



"(2) Sub-section (1) does not apply in relation to a contract, arrangement or
understanding that is in writing if the second person mentioned in that
sub-section is a party to the contract, arrangement or understanding or has
consented in writing to the contract or arrangement being made or the
understanding being arrived at.



"(3) In a case where the person first mentioned in sub-section (1) is not a
corporation, that sub-section applies only if the second person mentioned in
that sub-section is a corporation.



"(4) Paragraph 4F (a) applies in relation to sub-section (1) of this section a
s if sub-paragraph 4F (a) (ii) were omitted.



"(5) Subject to sub-section (6), a reference in this section to a person who
has been accustomed to supply goods or services to a second person shall be
construed as including a reference to-

   (a)  a regular supplier of any such goods or services to the second person;

   (b)  the latest supplier of any such goods or services to the second
        person; and

   (c)  a person who at any time during the immediately preceding period of 3
        months supplied any such goods or services to the second person.



"(6) Where-

   (a)  goods or services have been supplied by a person to a second person
        pursuant to a contract between those persons under which the first-
        mentioned person was required over a particular period to supply such
        goods or services;

   (b)  that period has expired; and

   (c)  after the expiration of that period the second person has been
        supplied with such goods or services by another person or other
        persons and has not been supplied with such goods or services by the
        first-mentioned person, then, for the purposes of the application of
        this section in relation to anything done after the second person has
        been supplied with goods or services as mentioned in paragraph (c),
        the first-mentioned person shall be deemed not to be a person who has
        been accustomed to supply such goods or services to the second person.



"(7) Subject to sub-section (8), a reference in this section to a person who
has been accustomed to acquire goods or services from a second person shall be
construed as including a reference to-

   (a)  a regular acquirer of any such goods or services from the second
        person;

   (b)  a person who, when he last acquired such goods or services, acquired
        them from the second person; and

   (c)  a person who at any time during the immediately preceding period of 3
        months acquired any such goods or services from the second person.



"(8) Where-

   (a)  goods or services have been acquired by a person from a second person
        pursuant to a contract between those persons under which the first-
        mentioned person was required over a particular period to acquire such
        goods or services;

   (b)  that period has expired; and

   (c)  after the expiration of that period the second person has refused to
        supply such goods or services to the first-mentioned person, then, for
        the purposes of the application of this section in relation to
        anything done after the second person has refused to supply goods or
        services as mentioned in paragraph (c), the first-mentioned person
        shall be deemed not to be a person who has been accustomed to acquire
        such goods or services from the second person.



"(9) If-

   (a)  a person has, whether before or after the commencement of this
        section, made a contract or arrangement, or arrived at an
        understanding, with another person; and

   (b)  by reason of a provision included in the contract, arrangement or
        understanding, the making of the contract or arrangement, or the
        arriving at the understanding, by the first-mentioned person
        contravened sub-section (1) or would have contravened that sub-section
        if this section had been in force at the time when the contract or
        arrangement was made, or the understanding was arrived at, a person
        shall not give effect to that provision of the contract, arrangement
        or understanding.



"(10) In determining for the purposes of paragraph (9) (b) whether a contract
or arrangement made, or understanding arrived at, before the commencement of
this section would have contravened sub-section (1) if this section had been
in force at the time when the contract or arrangement was made, or the
understanding was arrived at, sub-section (2) shall be read as if the words
'that is in writing' and the words 'in writing' were omitted.



"(11) Nothing in this section affects the operation of any other provision of
this Part.".