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COMPETITION AND CONSUMER ACT 2010 - SECT 45AT Acquisition of shares or assets

COMPETITION AND CONSUMER ACT 2010 - SECT 45AT

Acquisition of shares or assets

  (1)   Sections   45AF, 45AG, 45AJ and 45AK do not apply in relation to a contract, arrangement or understanding containing a cartel provision, in so far as the cartel provision provides directly or indirectly for the acquisition of:

  (a)   any shares in the capital of a body corporate; or

  (b)   any assets of a person.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1) (see subsection   13.3(3) of the Criminal Code and subsection   (2) of this section).

  (2)   A person who wishes to rely on subsection   (1) in relation to a contravention of section   45AJ or 45AK bears an evidential burden in relation to that matter.

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