Commonwealth Numbered Acts

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 30

30. Section 61 of the Principal Act is amended-

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

"(2A) A corporation also contravenes this section if the corporation promotes,
or takes part in the promotion of, a scheme under which-

   (a)  a payment is to be made by a person who participates, or who has
        applied or been invited to participate, in the scheme to or for the
        benefit of the corporation or another person who takes part in the
        promotion of the scheme or to or for the benefit of another person who
        participates in the scheme; and

   (b)  the inducement for making the payment is the holding out to the person
        who makes or is to make the payment the prospect of receiving payments
        from other persons who may participate in the scheme.";

   (b)  by omitting from sub-section (3) "or (2)" and substituting ", (2) or
        (2A)";

   (c)  by omitting paragraph (4) (b) and substituting the following
        paragraph:

"(b) the goods or services so provided are to be supplied to or for other
persons under transactions arranged or effected by persons who participate in
the scheme (each of whom is in this section referred to as a 'participant'),
being persons not all of whom are promoters."; and

   (d)  by omitting paragraph (5) (a) and substituting the following
        paragraph:

"(a) a scheme shall be taken to include the element referred to in paragraph
(4) (b) whether a participant who is not a promoter acts in relation to a
transaction referred to in that paragraph in the capacity of a servant or
agent of the promoter or of one of the promoters or in any other capacity;".