Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
(1) In this
regulation —
"notional market share" means the estimated value
of the State’s share of annual sales, in Australia, of products similar
in nature to the brand owner’s products worked out using the
equation —
where —
“ A ”
means the value of annual sales, in Australia, of products similar in nature
to the brand owner’s products;
“ NM ”
means the notional market share;
“ PA ”
means the population of Australia;
“ PW ”
means the population of this State.
Example of how to work out the value of a
brand owner’s annual sales of the brand owner’s products as a
percentage of the notional market share —
If the population of the State is 3 million
and the population of Australia is 18 million, and, for a particular
brand owner, the value of annual sales of the brand owner’s products is
$500 000 and the value, in Australia, of annual sales of products similar
in nature to the brand owner’s products is $120m, then —
= $20m
1% of $20m = $200 000.
Because the value of annual sales of the brand owner’s products is
$500 000, the value of the annual sales is 2.5% of the
notional market share.
(2) This Part applies
to a brand owner other than a brand owner who —
(a) is a
Signatory and complies with the Covenant; or
(b) is
not a Signatory but to whom the Chief Executive Officer has given an exemption
in writing because he or she is satisfied that the brand owner —
(i)
has a recovery rate, either alone or with others, that is
at least equivalent to the recovery rate of Signatories in the same industry
or sector as the brand owner; or
(ii)
carries on business only in this State and the value of
annual sales of the brand owner’s products is no more than 1% of the
notional market share.
(3) An exemption given
under subregulation (2)(b) may be revoked by the Chief Executive Officer
if he or she is satisfied that the brand owner no longer meets the criteria
referred to in subregulation (2)(b).