Commonwealth Numbered Acts

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 49

49. (1) Section 80 of the Principal Act is amended by inserting after
sub-section (1) the following sub-section:

"(1AA) Where an application for an injunction under sub-section (1) has been
made, whether before or after the commencement of this sub-section, the Court
may, if the Court determines it to be appropriate, grant an injunction by
consent of all the parties to the proceedings, whether or not the Court is
satisfied that a person has engaged, or is proposing to engage, in conduct of
a kind mentioned in sub-section (1).

(2) Section 80 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) "sub-section (1A)" and substituting
        "sub-sections (1A) and (1B)"; and
(b) by omitting from sub-section (1A) "A person" and substituting "Subject to
sub-section (1B), a person";
(c) by inserting in sub-section (1A) "or 50A" after "section 50"; and

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

"(1B) Where the Tribunal has, on the application of a person (in this
sub-section referred to as the 'applicant') other than the Minister or the
Commission, made a declaration under sub-section 50A (1) in relation to the
acquisition by a person of a controlling interest in a corporation, the
applicant is entitled to make an application under sub-section (1) for an
injunction by reason that the corporation has contravened or attempted to
contravene or is proposing to contravene sub-section 50A (6) in relation to
that declaration.".