Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 4F

             (1)  For the purposes of this Act:

                     (a)  a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, or a covenant or a proposed covenant, shall be deemed to have had, or to have, a particular purpose if:

                              (i)  the provision was included in the contract, arrangement or understanding or is to be included in the proposed contract, arrangement or understanding, or the covenant was required to be given or the proposed covenant is to be required to be given, as the case may be, for that purpose or for purposes that included or include that purpose; and

                             (ii)  that purpose was or is a substantial purpose; and

                     (b)  a person shall be deemed to have engaged or to engage in conduct for a particular purpose or a particular reason if:

                              (i)  the person engaged or engages in the conduct for purposes that included or include that purpose or for reasons that included or include that reason, as the case may be; and

                             (ii)  that purpose or reason was or is a substantial purpose or reason.

             (2)  This section does not apply for the purposes of subsections 45D(1), 45DA(1), 45DB(1), 45E(2) and 45E(3).