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COMPETITION AND CONSUMER ACT 2010 - SECT 87AA

Special provision relating to Court's exercise of powers under this Part in relation to boycott conduct

             (1)  In exercising its powers in proceedings under this Part in relation to boycott conduct, the Court is to have regard to any action the applicant in the proceedings has taken, or could take, before an industrial authority in relation to the boycott conduct. In particular, the Court is to have regard to any application for conciliation that the applicant has made or could make.

             (2)  In this section:

"boycott conduct " means conduct that constitutes or would constitute:

                     (a)  a contravention of subsection 45D(1), 45DA(1), 45DB(1), 45E(2) or 45E(3) or section 45EA; or

                     (b)  attempting to contravene one of those provisions; or

                     (c)  aiding, abetting, counselling or procuring a person to contravene one of those provisions; or

                     (d)  inducing, or attempting to induce, a person (whether by threats, promises or otherwise) to contravene one of those provisions; or

                     (e)  being in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of one of those provisions; or

                      (f)  conspiring with others to contravene one of those provisions.

"industrial authority " means:

                     (a)  a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a law of a State to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or

                     (b)  a special board constituted under a law of a State relating to factories; or

                     (c)  any other State board, court, tribunal, body or official prescribed by the regulations for the purposes of this definition.



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