Commonwealth Numbered Acts

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 18

18. Section 50 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) "control or" (wherever occurring);

   (b)  by inserting after sub-section (1) the following sub-section:

"(1A) A person other than a corporation shall not acquire, directly or
indirectly, any shares in the capital, or any assets, of a corporation if-

   (a)  as a result of the acquisition, the person would be, or be likely to
        be, in a position to dominate a market for goods or services; or

   (b)  in a case where the person is in a position to dominate a market for
        goods or services-

        (i)    the corporation or a body corporate that is related to the
               corporation is, or is likely to be, a competitor of the person;
               and

        (ii)   the acquisition would, or would be likely to, substantially
               strengthen the power of the person to dominate that market.";
(c) by inserting in sub-section (2) ", or associated with," after "related to"
(wherever occurring);

   (d)  by omitting from sub-section (2) "control or" (wherever occurring);

   (e)  by inserting after sub-section (2) the following sub-sections:

"(2A) For the purposes of this section, a body corporate shall be taken to be
associated with another body corporate (not being another body corporate that
is related to the first-mentioned body corporate) if one of those bodies
corporate (in this sub-section referred to as the 'dominant body corporate')
is, either alone or together with another body corporate that is, or other
bodies corporate each of which is, related to the dominant body corporate, or
associated with the dominant body corporate by another application or other
applications of this sub-section, in a position to exert, whether directly or
indirectly, a substantial degree of influence over the activities in a market
of the other body corporate.

"(2B) For the purposes of sub-section (2A), the fact that a body corporate is
in a position to exert a substantial degree of influence over the activities
of another body corporate by reason only that-

   (a)  those bodies corporate are in competition in the same market; or

   (b)  one of those bodies corporate supplies goods or services to the other,
shall be disregarded.";

   (f)  by omitting from paragraph (3) (a) "or in a State" and substituting ",
        in a State or in a Territory";

   (g)  by omitting from paragraph (3) (b) "controlling or" (wherever
        occurring); and

   (h)  by omitting from sub-section (4) "corporation" (wherever occurring)
        and substituting "person".