If, at any time, the
State is not a party to the Conduct Code Agreement —
(a) Part
5 and sections 36 and 37(1) and (2) of this Act do not apply to any matter;
(b)
sections 46 and 47 do not apply to any matter and any agreement or arrangement
under section 46 or order under section 47 does not have any force;
(c) the
provisions of this Act, other than Part 5 and sections 36, 37(1) and (2), 46
and 47, apply to any matter as if the definition of “participating
jurisdiction” in section 3(1) were deleted and the following definition
were substituted —
“
participating jurisdiction means —
(a) this
jurisdiction; or
(b) a
jurisdiction that is a party to the Conduct Code Agreement and applies the
Competition Code text as a law of that jurisdiction, either with or without
modifications;
”;
and
(d)
Divisions 3 and 4 of this Part apply to any matter.