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COMPETITION AND CONSUMER ACT 2010 - SECT 44ZZY

Exceptions that apply to sections 44ZZW and 44ZZX

Disclosure authorised by law: general exception for 10 years

             (1)  Sections 44ZZW and 44ZZX do not apply to the disclosure of information by a corporation if:

                     (a)  the disclosure is authorised by or under a law of the Commonwealth, a State or a Territory; and

                     (b)  the disclosure occurs before the end of 10 years after the day on which the Competition and Consumer Amendment Act (No. 1) 2011 receives the Royal Assent.

Note:          This subsection has effect in addition to:

(a)    subsection (6) (which covers compliance with continuous disclosure requirements of the Corporations Act 2001 ); and

(b)    subsection 51(1) (which covers things authorised by certain laws).

Disclosure to related bodies corporate

             (2)  Sections 44ZZW and 44ZZX do not apply to the disclosure of information by a corporation if the disclosure is to one or more bodies corporate that are related to the corporation, and is not to any other person.

Note:          The effect of section 44ZZU must be taken into account in working out whether the disclosure is to one or more bodies corporate that are related to the corporation, and is not to any other person.

Disclosure for collective bargaining

             (3)  Sections 44ZZW and 44ZZX do not apply to the disclosure of information by a corporation if:

                     (a)  the corporation has given the Commission a collective bargaining notice under subsection 93AB(1A) or (1) setting out particulars of a contract or proposed contract; and

                     (b)  the notice is in force; and

                     (c)  the disclosure is to one or more of the other contracting parties, and is not to any other person; and

                     (d)  the disclosure of the information:

                              (i)  if the notice relates to a contract--is required by the contract; or

                             (ii)  if the notice relates to a proposed contract--is made in the course of negotiations for the proposed contract or, if the proposed contract is entered into, is required by the contract.

Note:          The effect of section 44ZZU must be taken into account in working out whether the disclosure is to one or more of the other contracting parties, and is not to any other person.

Disclosure in course of authorised conduct

             (4)  Sections 44ZZW and 44ZZX do not apply to the disclosure of information by a corporation if:

                     (a)  an authorisation under section 88 (other than subsection 88(6A)) applies to or in relation to the corporation; and

                     (b)  the authorisation is in force; and

                     (c)  the disclosure of the information is made in the course of engaging in conduct that is covered by the authorisation.

Note:          A disclosure that would otherwise contravene section 44ZZW or 44ZZX can also be directly authorised under subsection 88(6A).

Disclosure covered by notification under section 93

             (5)  Sections 44ZZW and 44ZZX do not apply to the disclosure of information by a corporation if:

                     (a)  the corporation has given the Commission a notice under subsection 93(1) describing conduct; and

                     (b)  the disclosure is conduct described in the notice; and

                     (c)  the notice is in force under section 93.

Compliance with continuous disclosure requirements of the Corporations Act 2001

             (6)  Sections 44ZZW and 44ZZX do not apply to the disclosure of information by a corporation if the disclosure is made for the purpose of complying with Chapter 6CA of the Corporations Act 2001 .



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