Commonwealth Numbered Acts

COMPETITION POLICY REFORM ACT 1995 No. 88 of 1995 - SECT 16

16. Section 88 of the Principal Act is amended:

   (a)  by omitting subsections (2), (2A), (3) and (4);

   (b)  by omitting from paragraph (5)(a) "(other than a proposed covenant of
        a kind mentioned in subsection 45C(2) that relates to the supply or
        acquisition of goods)";

   (c)  by omitting from paragraph (5)(b) "(other than a covenant of a kind
        mentioned in subsection 45C(1) that relates to the supply or
        acquisition of goods)";

   (d)  by inserting after subsection (8):

"(8A) Subject to this Part, the Commission may, upon application by a person,
grant an authorisation to the person to engage in conduct that constitutes (or
may constitute) the practice of resale price maintenance. While the
authorisation remains in force, section 48 does not prevent the person from
engaging in that conduct in accordance with the authorisation.".