Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Subregulation 28 (7), definition of additional notice , paragraph (c)
omit
93AB (1)
insert
93AB (1A) or (1)
[2] Subregulation 28 (7), definition of first application
omit
88 (1)
insert
88 (1A), (1)
[3] Regulation 70, table, item 1, column 4
substitute
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Exclusionary provisions and associated cartel provisions: application for authorisation |
[4] Regulation 70, table, item 2, column 4
substitute
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Agreements affecting competition or incorporating related cartel provisions: application for authorisation |
[5] Schedule 1, Form A, heading
substitute
Form A Exclusionary provisions and associated cartel provisions: application for authorisation
(regulation 70)
[6] Schedule 1, Form A, title
omit
Trade Practices Act 1974 -- subsection 88 (1)
EXCLUSIONARY PROVISIONS:
APPLICATION FOR AUTHORISATION
insert
Trade Practices Act 1974 -- subsections 88 (1A) and (1)
EXCLUSIONARY PROVISIONS AND
ASSOCIATED CARTEL PROVISIONS:
APPLICATION FOR AUTHORISATION
[7] Schedule 1, Form A
omit
Application is hereby made under subsection 88 (1) of the Trade Practices Act 1974 for an authorisation under that subsection:
* to make a contract or arrangement, or arrive at an understanding, where a provision of the proposed contract, arrangement or understanding would be, or might be, an exclusionary provision within the meaning of section 45 of that Act.
insert
Application is hereby made under subsection(s) 88 (1A)/88 (1) of the Trade Practices Act 1974 for an authorisation:
* to make a contract or arrangement, or arrive at an understanding, a provision of which would be, or might be, a cartel provision within the meaning of Division 1 of Part IV of that Act and which would also be, or might also be, an exclusionary provision within the meaning of section 45 of that Act.
* to give effect to a provision of a contract, arrangement or understanding that is, or may be, a cartel provision within the meaning of Division 1 of Part IV of that Act and which is also, or may also be, an exclusionary provision within the meaning of section 45 of that Act.
* to make a contract or arrangement, or arrive at an understanding, where a provision of the proposed contract, arrangement or understanding would be, or might be, an exclusionary provision within the meaning of section 45 of that Act.
[8] Schedule 1, Form A, paragraph 2 (b)
omit
understanding that are, or would or might be, exclusionary provisions:
insert
understanding described at 2 (a) that are, or would or might be, exclusionary provisions and (if applicable) are, or would or might be, cartel provisions:
[9] Schedule 1, Form A, Directions, item 1
substitute
1. Use Form A if the contract, arrangement or understanding includes a provision which is, or might be, a cartel provision and which is also, or might also be, an exclusionary provision. Use Form B if the contract, arrangement or understanding includes a provision which is, or might be, a cartel provision or a provision which would have the purpose, or would or might have the effect, of substantially lessening competition. It may be necessary to use both forms for the same contract, arrangement or understanding.
In lodging this form, applicants must include all information, including supporting evidence, that they wish the Commission to take into account in assessing their application for authorisation.
Where there is insufficient space on this form to furnish the required information, the information is to be shown on separate sheets, numbered consecutively and signed by or on behalf of the applicant.
[10] Schedule 1, Form A, Directions, item 4
substitute
4. Provide details of the contract, arrangement or understanding (whether proposed or actual) in respect of which the authorisation is sought. Provide details of those provisions of the contract, arrangement or understanding that are, or would or might be, exclusionary provisions. Provide details of those provisions of the contract, arrangement or understanding that are, or would or might be, cartel provisions.
In providing these details:
(a) to the extent that any of the details have been reduced to writing, provide a true copy of the writing; and
(b) to the extent that any of the details have not been reduced to writing, provide a full and correct description of the particulars that have not been reduced to writing.
[11] Schedule 1, Form B, heading
substitute
Form B Agreements affecting competition or incorporating related cartel provisions: application for authorisation
(regulation 70)
[12] Schedule 1, Form B, title
omit
Trade Practices Act 1974 -- subsection 88 (1)
AGREEMENTS AFFECTING COMPETITION:
APPLICATION FOR AUTHORISATION
insert
Trade Practices Act 1974 -- subsections 88 (1A) and (1)
AGREEMENTS AFFECTING COMPETITION OR INCORPORATING RELATED CARTEL PROVISIONS: APPLICATION FOR AUTHORISATION
[13] Schedule 1, Form B
omit
Application is hereby made under subsection 88 (1) of the Trade Practices Act 1974 for an authorisation under that subsection:
* to make a contact or arrangement, or arrive at an understanding, a provision of which would have the purpose, or would have or might have the effect, of substantially lessening competition within the meaning of section 45 of that Act.
insert
Application is hereby made under subsection(s) 88 (1A)/88 (1) of the Trade Practices Act 1974 for an authorisation:
* to make a contract or arrangement, or arrive at an understanding, a provision of which would be, or might be, a cartel provision within the meaning of Division 1 of Part IV of that Act (other than a provision which would also be, or might also be, an exclusionary provision within the meaning of section 45 of that Act).
* to give effect to a provision of a contract, arrangement or understanding that is, or may be, a cartel provision within the meaning of Division 1 of Part IV of that Act (other than a provision which is also, or may also be, an exclusionary provision within the meaning of section 45 of that Act).
* to make a contract or arrangement, or arrive at an understanding, a provision of which would have the purpose, or would or might have the effect, of substantially lessening competition within the meaning of section 45 of that Act.
[14] Schedule 1, Form B, paragraph 2 (b)
omit
understanding that are, or would or might, substantially lessen competition:
insert
understanding described at 2 (a) that are, or would or might be, cartel provisions, or that do, or would or might, have the effect of substantially lessening competition:
[15] Schedule 1, Form B, Directions, item 1
substitute
1. Use Form A if the contract, arrangement or understanding includes a provision which is, or might be, a cartel provision and which is also, or might also be, an exclusionary provision. Use Form B if the contract, arrangement or understanding includes a provision which is, or might be, a cartel provision or a provision which would have the purpose, or would or might have the effect, of substantially lessening competition. It may be necessary to use both forms for the same contract, arrangement or understanding.
In lodging this form, applicants must include all information, including supporting evidence, that they wish the Commission to take into account in assessing the application for authorisation.
Where there is insufficient space on this form to furnish the required information, the information is to be shown on separate sheets, numbered consecutively and signed by or on behalf of the applicant.
[16] Schedule 1, Form B, Directions, item 4
substitute
4. Provide details of the contract, arrangement or understanding (whether proposed or actual) in respect of which the authorisation is sought. Provide details of those provisions of the contract, arrangement or understanding that are, or would or might be, cartel provisions. Provide details of those provisions of the contract, arrangement or understanding that do, or would or might, substantially lessen competition.
In providing these details:
(a) to the extent that any of the details have been reduced to writing, provide a true copy of the writing; and
(b) to the extent that any of the details have not been reduced to writing, provide a full and correct description of the particulars that have not been reduced to writing.
[17] Schedule 1, Form GA, title
omit
subsection 93AB (1)
insert
section 93AB
[18] Schedule 1, Form GA
omit
Notification is hereby given under subsection 93AB (1) of the Trade Practices Act 1974 :
* to make, or propose to make, a contract containing a provision of the kind referred to in paragraph 45 (2)(a) of the Trade Practices Act 1974 ; or
* to give effect to a provision of a contract where the provision is of the kind referred to in paragraph 45 (2)(b) of the Trade Practices Act 1974 .
insert
Notice is hereby given under section 93AB of the Trade Practices Act 1974 of intention:
* to make, or to propose to make, a contract containing a provision of the kind referred to in subsection 44ZZRD (2) or paragraph 44ZZRD (3) (a) or (b) of that Act.
* to give effect to a provision of a contract where the provision is of the kind referred to in subsection 44ZZRD (2) or paragraph 44ZZRD (3) (a) or (b) of that Act.
* to make, or to propose to make, a contract containing a provision of the kind referred to in paragraph 45 (2) (a) of that Act.
* to give effect to a provision of a contract where the provision is of the kind referred to in paragraph 45 (2) (b) of that Act.
[19] Schedule 1B, item 1
omit
88 (1)
insert
88 (1A) or (1)
[20] Schedule 1B, item 10
omit
subsection 93AB (1)
insert
section 93AB