(1) A modification
made by a law of the Commonwealth to the Competition Code text after the
commencement of this section —
(a) does
not apply under section 5 until at least the end of the period of 2 months
after the date of the modification, unless a proclamation appoints an earlier
day; and
(b) does
not apply under that section at all, if the modification is declared by a
proclamation to be excluded from the operation of that section.
(2) A proclamation
under subsection (1)(b) has effect only if published before the end of 2
months after the date of the modification.
(3) If, after a
proclamation is made under subsection (1)(b), a further proclamation is made
appointing a day on and from which the modification of the text is to apply
under section 5, subsection (1)(b) ceases to apply to the modification
immediately before that day.
(4) A proclamation
under subsection (1)(a) or (3) —
(a)
cannot appoint any day that is earlier than the day of publication of the
proclamation or that is earlier than the day on which the modification of the
text takes effect; and
(b) is
to be regarded in such a case as appointing the day of publication of the
proclamation or the day on which the modification of the text takes effect,
whichever is the later.
(5) For the purposes
of this section, the date of the modification is —
(a) the
day on which the Commonwealth Act effecting the modification receives the
Royal Assent or the regulation effecting the modification is notified in the
Commonwealth of Australia Gazette ; or
(b) the
day on which this Act receives the Royal Assent,
whichever is the
later.