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COMPETITION AND CONSUMER ACT 2010 - SECT 151BC

Criteria for making exemption order

             (1)  The Commission must not make an exemption order in relation to particular conduct of a person unless it is satisfied that:

                     (a)  both:

                              (i)  the conduct will result, or is likely to result, in a benefit to the public; and

                             (ii)  that benefit outweighs, or will outweigh, the detriment to the public constituted by any lessening of competition that will result, or is likely to result, from engaging in the conduct; or

                     (b)  the conduct is not anti-competitive conduct.

             (2)  In determining whether the Commission is satisfied about the matters referred to in paragraph (1)(a), the Commission may have regard to the following matters:

                     (a)  the extent to which the conduct relates to the supply of goods or services on favourable terms and conditions to:

                              (i)  a financially disadvantaged individual; or

                             (ii)  an individual who is disadvantaged on health grounds; or

                            (iii)  a registered charity; or

                          (iiia)  a community organisation that is a not-for-profit entity and is not a charity; or

                            (iv)  an educational institution; or

                             (v)  a health facility;

                     (b)  the extent to which the conduct relates to the supply of goods or services for:

                              (i)  community, charitable or educational purposes; or

                             (ii)  the promotion of health or safety;

                            on favourable terms and conditions;

                     (c)  the need to satisfy any applicable universal service obligation;

                     (d)  the extent to which the conduct prevents or reduces, or is likely to prevent or reduce, pollution or other forms of degradation of environmental amenity;

                     (e)  the extent to which the conduct contributes, or is likely to contribute, to technical innovation, or the development of new goods or services, by Australian industry.

             (3)  Subsection (2) does not, by implication, limit the matters to which the Commission may have regard.

             (4)  The Commission must not make an exemption order in relation to particular conduct of a person if:

                     (a)  the conduct is in contravention of section 46; and

                     (b)  subsection 46(6) does not apply to the conduct.

             (5)  Subsections 151AJ(4) and (5) apply for the purposes of subsection (4) of this section in a corresponding way to the way in which they apply for the purposes of subsection 151AJ(3).

             (6)  In this section:

"environment " includes all aspects of the surroundings of human beings, whether affecting human beings as individuals or in social groupings.



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