Commonwealth Numbered Acts

COMPETITION POLICY REFORM ACT 1995 No. 88 of 1995 - SECT 86

86. Section 51 of the Principal Act is amended by omitting paragraph (1C)(e)
and substituting:

"(e) paragraphs (1)(b) to (d) have no effect in relation to things authorised
by a law of a State or Territory unless:

        (i)    at the time of the alleged contravention referred to in
               subsection (1) the State or Territory was a fully-participating
               jurisdiction and a party to the Competition Principles
               Agreement; or

        (ii)   all of the following conditions are met:

                (A)  the Minister published a notice in the Gazette under
                     subsection 150K(1) in relation to the State or Territory,
                     or the State or Territory ceased to be a party to the
                     Competition Principles Agreement, within 12 months before
                     the alleged contravention referred to in subsection (1);

                (B)  the thing authorised was the making of a contract, or an
                     action under a contract, that existed immediately before
                     the Minister published the notice or the State or
                     Territory ceased to be a party;

                (C)  the law authorising the thing was in force immediately
                     before the Minister published the notice or the State or
                     Territory ceased to be a party;".