Commonwealth Numbered Acts

COMPETITION POLICY REFORM ACT 1995 No. 88 of 1995 - SECT 89

89.(1) Subsections (2) and (3) apply in deciding whether a person has
contravened Part IV of the Principal Act at any time after the commencement of
the amendments made by Division 1 of this Part.

(2) Existing contracts, and things done to give effect to existing contracts,
are to be disregarded to the same extent that they would have been disregarded
if the amendments made by Division 1 of this Part (other than section 86) had
not been made.

(3) If an existing contract is varied on or after the cut-off date, then
things done to give effect to the varied contract are not to be disregarded
under subsection (2) unless they would have been disregarded under the
contract as in force immediately before the cut-off date.

(4) The amendments made by Division 1 of this Part (other than section 86) do
not make unenforceable a provision of an existing contract that was not
unenforceable immediately before the commencement of those amendments.

(5) In this section:

"cut-off date" means 19 August 1994;

"existing contract" means a contract that was made before the cut-off date.