Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 24

24. Section 44 of the Principal Act is amended by omitting from sub-section
(2) the word ''Attorney-General'' and substituting the word ''Minister''.

25. Sections 45, 46 and 47 of the Principal Act are repealed and the following
sections substituted:- Contracts, arrangements or understandings restricting
dealings or affecting competition.
''45. (1) If a provision of a contract made before the commencement of the
Trade Practices Amendment Act 1977-

   (a)  is an exclusionary provision; or

   (b)  has the purpose, or has or is likely to have the effect, of
        substantially lessening competition, that provision is unenforceable
        in so far as it confers rights or benefits or imposes duties or
        obligations on a corporation.

''(2) A corporation shall not-

   (a)  make a contract or arrangement, or arrive at an understanding, if-

        (i)    the proposed contract, arrangement or understanding contains an
               exclusionary provision; or

        (ii)   a provision of the proposed contract, arrangement or
               understanding has the purpose, or would have or be likely to
               have the effect, of substantially lessening competition; or

   (b)  give effect to a provision of a contract, arrangement or
        understanding, whether the contract or arrangement was made, or the
        understanding was arrived at, before or after the commencement of
        this section, if that provision-

        (i)    is an exclusionary provision; or

        (ii)   has the purpose, or has or is likely to have the effect, of
               substantially lessening competition.

''(3) For the purposes of this section and section 45A, 'competition', in
relation to a provision of a contract, arrangement or understanding or of a
proposed contract, arrangement or understanding, means competition in any
market in which a corporation that is a party to the contract, arrangement or
understanding or would be a party to the proposed contract, arrangement or
understanding, or any body corporate related to such a corporation, supplies
or acquires, or is likely to supply or acquire, goods or services or would,
but for the provision, supply or acquire, or be likely to supply or acquire,
goods or services.

''(4) For the purposes of the application of this section in relation to a
particular corporation, a provision of a contract, arrangement or
understanding or of a proposed contract, arrangement or understanding shall be
deemed to have or to be likely to have the effect of substantially lessening
competition if that provision and any one or more of the following provisions,
namely-

   (a)  the other provisions of that contract, arrangement or understanding or
        proposed contract, arrangement or understanding; and

   (b)  the provisions of any other contract, arrangement or understanding or
        proposed contract, arrangement or understanding to which the
        corporation or a body corporate related to the corporation is or would
        be a party, together have or are likely to have that effect.

''(5) This section does not apply to or in relation to-

   (a)  a provision of a contract where the provision constitutes a covenant
        to which section 45B applies or, but for sub-section 45B (9), would
        apply;

   (b)  a provision of a proposed contract where the provision would
        constitute a covenant to which section 45B would apply or, but for
        sub-section 45B (9), would apply; or

   (c)  a provision of a contract, arrangement or understanding or of a
        proposed contract, arrangement or understanding in so far as the
        provision relates to conduct that contravenes section 48 or would
        contravene that section if this Act defined the acts constituting the
        practice of resale price maintenance by reference to the maximum price
        at which goods are to be sold or are to be advertised, displayed or
        offered for sale.

''(6) The making of a contract, arrangement or understanding does not
constitute a contravention of this section by reason that the contract,
arrangement or understanding contains a provision the giving effect to which
would, or would but for the operation of sub-section 88 (8) or section 93,
constitute a contravention of section 47 and this section does not apply to or
in relation to the giving effect to a provision of a contract, arrangement or
understanding by way of-

   (a)  engaging in conduct that contravenes, or would but for the operation
        of sub-section 88 (8) or section 93 contravene, section 47; or

   (b)  doing an act by reason of a breach or threatened breach of a condition
        referred to in sub-section 47 (2), (4), (6) or (8), being an act done
        by a person at a time when-

        (i)    an authorization under sub-section 88 (8) is in force in
               relation to conduct engaged in by that person on that
               condition; or

        (ii)   by reason of sub-section 93 (7) conduct engaged in by that
               person on that condition is not to be taken to have the effect
               of substantially lessening competition within the meaning of
               section 47.

''(7) This section does not apply to or in relation to a contract, arrangement
or understanding in so far as the contract, arrangement or understanding
provides, or to or in relation to a proposed contract, arrangement or
understanding in so far as the proposed contract, arrangement or understanding
would provide, directly or indirectly for the acquisition of any shares in the
capital, or any assets, of a body corporate.

''(8) This section does not apply to or in relation to a contract, arrangement
or understanding, or a proposed contract, arrangement or understanding, the
only parties to which are or would be bodies corporate that are related to
each other.

''(9) The making by a corporation of a contract that contains a provision in
relation to which sub-section 88 (1) applies is not a contravention of
sub-section (2) of this section if-

   (a)  the contract is subject to a condition that the provision will not
        come into force unless and until the corporation is granted an
        authorization to give effect to the provision; and

   (b)  the corporation applies for the grant of such an authorization within
        14 days after the contract is made, but nothing in this sub-section
        prevents the giving effect by a corporation to such a provision from
        constituting a contravention of sub-section (2). Contracts,
        arrangements or understanding in relation to prices.
''45A. (1) Without limiting the generality of section 45, a provision of a
contract, arrangement or understanding, or of a proposed contract, arrangement
or understanding, shall be deemed for the purposes of that section to have the
purpose, or to have or to be likely to have the effect, of substantially
lessening competition if the provision has the purpose, or has or is likely to
have the effect, as the case may be, of fixing, controlling or maintaining, or
providing for the fixing, controlling or maintaining of, the price for, or a
discount, allowance, rebate or credit in relation to, goods or services
supplied or acquired or to be supplied or acquired by the parties to the
contract, arrangement or understanding or the proposed parties to the proposed
contract, arrangement or understanding, or by any of them, or by any bodies
corporate that are related to any of them, in competition with each other.

''(2) Sub-section (1) does not apply to a provision of a contract or
arrangement made or of an understanding arrived at, or of a proposed contract
or arrangement to be made or of a proposed understanding to be arrived at, for
the purposes of a joint venture to the extent that the provision relates or
would relate to-

   (a)  the joint supply by the parties to the joint venture, or the supply by
        the parties to the joint venture in proportion to their respective
        interests in the joint venture, of goods jointly produced by those
        parties in pursuance of the joint venture;

   (b)  the joint supply by the parties to the joint venture of services in
        pursuance of the joint venture; or

   (c)  in the case of a joint venture carried on by a body corporate as
        mentioned in sub-paragraph 4J (a) (ii)-

        (i)    the supply by that body corporate of goods produced by it in
               pursuance of the joint venture; or

        (ii)   the supply by that body corporate of services in pursuance of
               the joint venture, not being services supplied on behalf of the
               body corporate by-

                (A)  a person who is the owner of shares in the capital of the
                     body corporate; or

                (B)  a body corporate that is related to such a person.

''(3) Sub-section (1) does not apply in relation to a provision of a contract,
arrangement or understanding, or of a proposed contract, arrangement or
understanding, to the extent that the provision recommends or provides for
recommending, or would recommend or provide for recommending, the price for,
or a discount, allowance, rebate or credit in relation to, goods or services,
where the parties to the contract, arrangement or understanding, or the
proposed parties to the proposed contract, arrangement or understanding,
include-

   (a)  not less than 50 persons (bodies corporate that are related to one
        another being counted as a single person) who supply, in trade or
        commerce, goods or services to which the provision applies; or

   (b)  not less than 50 persons (bodies corporate that are related to one
        another being counted as a single person) who acquire, in trade or
        commerce, goods or services to which the provision applies.

''(4) Sub-section (1) does not apply to a provision of a contract, arrangement
or understanding, or of a proposed contract, arrangement or understanding,
being a provision-

   (a)  in relation to the price for goods or services to be collectively
        acquired, whether directly or indirectly, by parties to the contract,
        arrangement or understanding or by proposed parties to the proposed
        contract, arrangement or understanding; or

   (b)  for the joint advertising of the price for the re-supply of goods so
        acquired.

''(5) For the purposes of this Act, a provision of a contract, arrangement or
understanding, or of a proposed contract, arrangement or understanding, shall
not be taken not to have the purpose, or not to have or to be likely to have
the effect, of fixing, controlling or maintaining, or providing for the
fixing, controlling or maintaining of, the price for, or a discount,
allowance, rebate or credit in relation to, goods or services by reason only
of-

   (a)  the form of, or of that provision of, the contract, arrangement or
        understanding or the proposed contract, arrangement or understanding;
        or

   (b)  any description given to, or to that provision of, the contract,
        arrangement or understanding or the proposed contract, arrangement or
        understanding by the parties or proposed parties.

''(6) For the purposes of this Act but without limiting the generality of
sub-section (5), a provision of a contract, arrangement or understanding, or
of a proposed contract, arrangement or understanding, shall not be taken not
to have the purpose, or not to have or to be likely to have the effect, of
fixing, controlling or maintaining, or providing for the fixing, controlling
or maintaining of, the price for, or a discount, allowance, rebate or credit
in relation to, goods or services by reason only that the provision
recommends, or provides for the recommending of, such a price, discount,
allowance, rebate or credit if in fact the provision has that purpose or has
or is likely to have that effect.

''(7) For the purposes of the preceding provisions of this section but without
limiting the generality of those provisions, a provision of a contract,
arrangement or understanding, or of a proposed contract, arrangement or
understanding, shall be deemed to have the purpose, or to have or to be likely
to have the effect, of fixing, controlling or maintaining, or providing for
the fixing, controlling or maintaining of, the price for, or a discount,
allowance, rebate or credit in relation to, goods supplied as mentioned in
sub-section (1) if the provision has the purpose, or has or is likely to have
the effect, of fixing, controlling or maintaining, or providing for the
fixing, controlling or maintaining of, such a price, discount, allowance,
rebate or credit in relation to a re-supply of the goods by persons to whom
the goods are or would be supplied by the parties to the contract, arrangement
or understanding or the proposed parties to the proposed contract, arrangement
or understanding, or by any of them, or by any bodies corporate that are
related to any of them.

''(8) The reference in sub-section (1) to the supply or acquisition of goods
or services by persons in competition with each other includes a reference to
the supply or acquisition of goods or services by persons who, but for a
provision of any contract, arrangement or understanding or of any proposed
contract, arrangement or understanding, would be, or would be likely to be, in
competition with each other in relation to the supply or acquisition of the
goods or services. Covenants affecting competition.
''45B. (1) A covenant, whether the covenant was given before or after the
commencement of this section, is unenforceable in so far as it confers rights
or benefits or imposes duties or obligations on a corporation or on a person
associated with a corporation if the convenant has, or is likely to have, the
effect of substantially lessening competition in any market in which the
corporation or any person associated with the corporation supplies or
acquires, or is likely to supply or acquire, goods or services or would, but
for the convenant, supply or acquire, or be likely to supply or acquire, goods
or services.

''(2) A corporation or a person associated with a corporation shall not-

   (a)  require the giving of a covenant, or give a covenant, if the proposed
        covenant has the purpose, or would have or be likely to have the
        effect, of substantially lessening competition in any market in which-

        (i)    the corporation, or any person associated with the corporation
               by virtue of paragraph (7) (b), supplies or acquires, is likely
               to supply or acquire, or would, but for the covenant, supply or
               acquire, or be likely to supply or acquire, goods or services;
               or

        (ii)   any person associated with the corporation by virtue of the
               operation of paragraph (7) (a) supplies or acquires, is likely
               to supply or acquire, or would, but for the covenant, supply or
               acquire, or be likely to supply or acquire, goods or services,
               being a supply or acquisition in relation to which that person
               is, or would be, under an obligation to act in accordance with
               directions, instructions or wishes of the corporation;

   (b)  threaten to engage in particular conduct if a person who, but for
        sub-section (1), would be bound by a covenant does not comply with the
        terms of the covenant; or

   (c)  engage in particular conduct by reason that a person who, but for
        sub-section (1), would be bound by a covenant has failed to comply, or
        proposes or threatens to fail to comply, with the terms of the
        covenant.

''(3) Where a person-

   (a)  issues an invitation to another person to enter into a contract
        containing a covenant;

   (b)  makes an offer to another person to enter into a contract containing a
        covenant; or

   (c)  makes it known that the person will not enter into a contract of a
        particular kind unless the contract contains a covenant of a
        particular kind or in particular terms, the first-mentioned person
        shall, by issuing that invitation, making that offer or making that
        fact known, be deemed to require the giving of the covenant.

''(4) For the purposes of this section, a covenant or proposed covenant shall
be deemed to have, or to be likely to have, the effect of substantially
lessening competition in a market if the covenant or proposed covenant, as the
case may be, would have, or be likely to have, that effect when taken together
with the effect or likely effect on competition in that market of any other
covenant or proposed covenant to the benefit of which-

   (a)  a corporation that, or person who, is or would be, or but for
        sub-section (1) would be, entitled to the benefit of the first-
        mentioned covenant or proposed covenant; or

   (b)  a person associated with the corporation referred to in paragraph (a)
        or a corporation associated with the person referred to in that
        paragraph, is or would be, or but for sub-section (1) would be,
        entitled.

''(5) The requiring of the giving of, or the giving of, a covenant does not
constitute a contravention of this section by reason that giving effect to the
covenant would, or would but for the operation of sub-section 88 (8) or
section 93, constitute a contravention of section 47 and this section does not
apply to or in relation to engaging in conduct in relation to a covenant by
way of-

   (a)  conduct that contravenes, or would but for the operation of
        sub-section 88 (8) or section 93 contravene, section 47; or

   (b)  doing an act by reason of a breach or threatened breach of a condition
        referred to in sub-section 47 (2), (4), (6) or (8), being an act done
        by a person at a time when-

        (i)    an authorization under sub-section 88 (8) is in force in
               relation to conduct engaged in by that person on that
               condition; or

        (ii)   by reason of sub-section 93 (7) conduct engaged in by that
               person on that condition is not to be taken to have the effect
               of substantially lessening competition within the meaning of
               section 47.

''(6) This section does not apply to or in relation to a covenant or proposed
covenant where the only persons who are or would be respectively bound by, or
entitled to the benefit of, the covenant or proposed covenant are persons who
are associated with each other or are bodies corporate that are related to
each other.

''(7) For the purposes of this section, section 45C and sub-paragraph 87 (3)
(a) (ii), a person and a corporation shall be taken to be associated with each
other in relation to a covenant or proposed covenant if, and only if-

   (a)  the person is under an obligation (otherwise than in pursuance of the
        covenant or proposed covenant), whether formal or informal, to act in
        accordance with directions, instructions or wishes of the corporation
        in relation to the covenant or proposed covenant; or

   (b)  the person is a body corporate in relation to which the corporation is
        in the position mentioned in sub-paragraph 4A (1) (a) (ii).

''(8) The requiring by a person of the giving of, or the giving by a person
of, a covenant in relation to which sub-section 88 (5) applies is not a
contravention of sub-section (2) of this section if-

   (a)  the covenant is subject to a condition that the covenant will not come
        into force unless and until the person is granted an authorization to
        require the giving of, or to give, the covenant; and

   (b)  the person applies for the grant of such an authorization within 14
        days after the covenant is given, but nothing in this sub-section
        affects the application of paragraph (2) (b) or (c) in relation to the
        covenant.

''(9) This section does not apply to or in relation to a covenant or proposed
covenant if-

   (a)  the sole or principal purpose for which the covenant was or is
        required to be given was or is to prevent the relevant land from being
        used otherwise than for residential purposes;

   (b)  the person who required or requires the covenant to be given was or is
        a religious, charitable or public benevolent institution or a trustee
        for such an institution and the covenant was or is required to be
        given for or in accordance with the purposes or objects of that
        institution; or

   (c)  the covenant was or is required to be given in pursuance of a legally
        enforceable requirement made by, or by a trustee for, a religious,
        charitable or public benevolent institution, being a requirement made
        for or in accordance with the purposes or objects of that institution.
        Covenants in relation to prices.
''45C. (1) In the application of sub-section 45B (1) in relation to a covenant
that has, or is likely to have, the effect of fixing, controlling or
maintaining, or providing for the fixing, controlling or maintaining of, the
price for, or a discount, allowance, rebate or credit in relation to, goods or
services supplied or acquired by the persons who are, or but for that
sub-section would be, bound by or entitled to the benefit of the covenant, or
by any of them, or by any persons associated with any of them, in competition
with each other, that sub-section has effect as if the words 'if the covenant
has, or is likely to have, the effect of substantially lessening competition
in a market in which the corporation or any person associated with the
corporation supplies or acquires, or is likely to supply or acquire, goods or
services or would, but for the covenant, supply or acquire, or be likely to
supply or acquire, goods or services' were omitted.

''(2) In the application of sub-section 45B (2) in relation to a proposed
covenant that has the purpose, or would have or be likely to have the effect,
of fixing, controlling or maintaining, or providing for the fixing,
controlling or maintaining of, the price for, or a discount, allowance, rebate
or credit in relation to, goods or services supplied or acquired by the
persons who would, or would but for sub-section 45B (1), be bound by or
entitled to the benefit of the proposed covenant, or by any of them, or by any
persons associated with any of them, in competition with each other, paragraph
45B (2) (a) has effect as if all the words after the words 'require the giving
of a covenant, or give a covenant' were omitted.

''(3) For the purposes of this Act, a covenant shall not be taken not to have,
or not to be likely to have, the effect, or a proposed covenant shall not be
taken not to have the purpose, or not to have, or not to be likely to have,
the effect, of fixing, controlling or maintaining, or providing for the
fixing, controlling or maintaining of, the price for, or a discount,
allowance, rebate or credit in relation to, goods or services by reason only
of-

   (a)  the form of the covenant or proposed covenant; or

   (b)  any description given to the covenant by any of the persons who are,
        or but for sub-section 45B (1) would be, bound by or entitled to the
        benefit of the covenant or any description given to the proposed
        covenant by any of the persons who would, or would but for sub-section
        45B (1), be bound by or entitled to the benefit of the proposed
        covenant.

''(4) For the purposes of the preceding provisions of this section, but
without limiting the generality of those provisions-

   (a)  a covenant shall be deemed to have, or to be likely to have, the
        effect of fixing, controlling or maintaining, or providing for the
        fixing, controlling or maintaining of, the price for, or a discount,
        allowance, rebate or credit in relation to, goods supplied as
        mentioned in sub-section (1) if the covenant has, or
        is likely to have, the effect of fixing, controlling or maintaining,
        or providing for the fixing, controlling or maintaining of, such a
        price, discount, allowance, rebate or credit in relation to a
        re-supply of the goods by persons to whom the goods are supplied by
        the persons who are, or but for sub-section 45B (1) would be, bound by
        or entitled to the benefit of the covenant, or by any of them, or by
        any persons associated with any of them; and

   (b)  a proposed covenant shall be deemed to have the purpose, or to have,
        or to be likely to have, the effect, of fixing, controlling or
        maintaining, or providing for the fixing, controlling or maintaining
        of, the price for, or a discount, allowance, rebate or credit in
        relation to, goods supplied as mentioned in sub-section (2) if the
        proposed covenant has the purpose, or would have or be likely to have
        the effect, as the case may be, of fixing, controlling or maintaining,
        or providing for the fixing, controlling or maintaining of, such a
        price, discount, allowance, rebate or credit in relation to a
        re-supply of the goods by persons to whom the goods are supplied by
        the persons who would, or would but for sub-section 45B (1), be bound
        by or entitled to the benefit of the proposed covenant, or by any of
        them, or by any persons associated with any of them.

''(5) The reference in sub-section (1) to the supply or acquisition of
goods or services by persons in competition with each other includes a
reference to the supply or acquisition of goods or services by persons who,
but for a provision of any contract, arrangement or understanding or of any
proposed contract, arrangement or understanding, would be, or would be likely
to be, in competition with each other in relation to the supply or acquisition
of the goods or services. Secondary boycotts.
''45D. (1) Subject to this section, a person shall not, in concert with
another person, engage in conduct that hinders or prevents the supply of goods
or services by a third person to a corporation (not being an employer of the
first-mentioned person), or the acquisition of goods or services by a third
person from a corporation (not being an employer of the first-mentioned
person), where the conduct is engaged in for the purpose, and would have or be
likely to have the effect, of causing-

   (a)  substantial loss or damage to the business of the corporation or of a
        body corporate that is related to the corporation; or

   (b)  a substantial lessening of competition in any market in which the
        corporation or a body corporate that is related to the corporation
        supplies or acquires goods or services.

''(2) Paragraph 4F (b) does not apply in relation to sub-section (1) of this
section but a person shall be deemed to engage in conduct for a purpose
mentioned in that sub-section if he engages in that conduct for purposes that
include that purpose.

''(3) A person shall not be taken to contravene, or to be involved in a
contravention of, sub-section (1) by engaging in conduct where-

   (a)  the dominant purpose for which the conduct is engaged in is
        substantially related to-

        (i)    the remuneration, conditions of employment, hours of work or
               working conditions of that person or of another person employed
               by an employer of that person; or

        (ii)   an employer of that person having terminated, or taken action
               to terminate, the employment of that person or of another
               person employed by that employer; or

   (b)  in the case of conduct engaged in by the following persons in concert
        with each other (and not in concert with any other person), that is to
        say-

        (i)    an organization or organizations of employees, or an officer or
               officers of such an organization, or both such an organization
               or organizations and such an officer or officers; and

        (ii)   an employee, or 2 or more employees who are employed by the one
               employer,

the dominant purpose for which the conduct is engaged in is substantially
related to-

        (iii)  the remuneration, conditions of employment, hours of work or
               working conditions of the employee, or of any of the employees,
               referred to in sub-paragraph (ii); or

        (iv)   the employer of the employee, or of the employees, referred to
               in sub-paragraph (ii) having terminated, or taken action to
               terminate, the employment of any of his employees.

''(4) The application of sub-section (1) in relation to a person in respect of
his engaging in conduct in concert with another person is not affected by
reason that sub-section (3) operates to preclude the other person from being
taken to contravene, or to be involved in a contravention of, sub-section (1)
in respect of that conduct.

''(5) If two or more persons (in this sub-section referred to as the
'participants') each of whom is a member or officer of the same organization
of employees (being an organization that exists or is carried on for the
purpose, or for purposes that include the purpose, of furthering the interests
of its members in relation to their employment) engage in conduct in concert
with one another, whether or not the conduct is also engaged in in concert
with other persons, the organization shall be deemed for the purposes of this
Act to engage in that conduct in concert with the participants, and so to
engage in that conduct for the purpose or purposes for which that conduct is
engaged in by the participants, unless the organization establishes that it
took all reasonable steps to prevent the participants from engaging in that
conduct.

''(6) Where an organization of employees engages, or is deemed by sub-section
(5) to engage, in conduct in concert with members or officers of the
organization in contravention of sub-section (1)-

   (a)  any loss or damage suffered by a person as a result of the conduct
        shall be deemed to have been caused by the conduct of the
        organization;

   (b)  if the organization is a body corporate, no action under section 82 to
        recover the amount of the loss or damage may be brought against any of
        the members or officers of the organization; and

   (c)  if the organization is not a body corporate-

        (i)    a proceeding in respect of the conduct may be instituted under
               section 77, 80 or 82 against an officer or officers of the
               organization as a representative or representatives of the
               members of the organization and a proceeding so instituted
               shall be deemed to be a proceeding against all the persons who
               were members of the organization at the time when the conduct
               was engaged in;

        (ii)   sub-section 76 (2) does not prevent an order being made in a
               proceeding mentioned in sub-paragraph (i) that was instituted
               under section 77;

        (iii)  the maximum pecuniary penalty that may be imposed in a
               proceeding mentioned in sub-paragraph (ii) is the penalty
               applicable under section 76 in relation to a body corporate;

        (iv)   except as provided by sub-paragraph (i), a proceeding in
               respect of the conduct shall not be instituted under section 77
               or 82 against any of the members or officers of the
               organization; and

        (v)    for the purpose of enforcing any judgment or order given or
               made in a proceeding mentioned in sub-paragraph (i) that is
               instituted under section 77 or 82, process may be issued and
               executed against any property of the organization or of any
               branch or part of the organization, or any property in which
               the organization or any branch or part of the organization has,
               or any members of the organization or of a branch or part of
               the organization have in their capacity as such members, a
               beneficial interest, whether vested in trustees or however
               otherwise held, as if the organization were a body corporate
               and the absolute owner of the property or interest but no
               process shall be issued or executed against any other property
               of members, or against any property of officers, of the
               organization or of a branch or part of the organization.

''(7) Nothing in this section affects the operation of any other provision of
this Part. Monopolization.
''46. (1) A corporation that is in a position substantially to control a
market for goods or services shall not take advantage of the power in relation
to that market that it has by virtue of being in that position for the purpose
of-

   (a)  eliminating or substantially damaging a person, being a competitor in
        that market or in any other market of the corporation or of a body
        corporate related to the corporation;

   (b)  preventing the entry of a person into that market or into any other
        market; or

   (c)  deterring or preventing a person from engaging in competitive conduct
        in that market or in any other market.

''(2) If-

   (a)  a body corporate that is related to a corporation is, or two or more
        bodies corporate each of which is related to the one corporation
        together are, in a position substantially to control a market for
        goods or services; or

   (b)  a corporation, and a body corporate that is, or two or more bodies
        corporate each of which is, related to that corporation, together are
        in a position substantially to control a market for goods or services,
        the corporation shall be deemed for the purposes of this section to be
        in a position substantially to control that market.

''(3) A reference in this section to a corporation or other body corporate
being in a position substantially to control a market for goods or services
includes a reference to a corporation or other body corporate, as the case may
be, having, by reason of its share of the market, or its share of the market
combined with the availability to it of technical knowledge, raw materials or
capital, the power to determine the prices, or control the production or
distribution, of a substantial part of the goods or services in that market.

''(4) A reference in this section to substantially controlling a market for
goods or services shall be construed as a reference to substantially
controlling such a market either as a supplier or as an acquirer of goods or
services in that market.

''(5) Without extending by implication the meaning of sub-section (1), a
corporation shall not be taken to contravene that sub-section by reason only
that it acquires plant or equipment.

''(6) This section does not prevent a corporation from engaging in conduct
that does not constitute a contravention of any of the following sections,
namely, sections 45, 45B, 47 and 50, by reason that an authorization is in
force or by reason of the operation of section 93. Exclusive dealing.
''47. (1) Subject to this section, a corporation shall not, in trade or
commerce, engage in the practice of exclusive dealing.

''(2) A corporation engages in the practice of exclusive dealing if the
corporation-

   (a)  supplies, or offers to supply, goods or services;

   (b)  supplies, or offers to supply, goods or services at a particular
        price; or

   (c)  gives or allows, or offers to give or allow, a discount, allowance,
        rebate or credit in relation to the supply or proposed supply of
        goods or services by the corporation, on the condition that the person
        to whom the corporation supplies, or offers or proposes to supply, the
        goods or services or, if that person is a body corporate, a body
        corporate related to that body corporate-

   (d)  will not, or will not except to a limited extent, acquire goods or
        services, or goods or services of a particular kind or description,
        directly or indirectly from a competitor of the corporation or from a
        competitor of a body corporate related to the corporation;

   (e)  will not, or will not except to a limited extent, re-supply goods, or
        goods of a particular kind or description, acquired directly or
        indirectly from a competitor of the corporation or from a competitor
        of a body corporate related to the corporation; or

   (f)  in the case where the corporation supplies or would supply goods, will
        not re-supply the goods to any person, or will not, or will not except
        to a limited extent, re-supply the goods-

        (i)    to particular persons or classes of persons or to persons other
               than particular persons or classes of persons; or

        (ii)   in particular places or classes of places or in places other
               than particular places or classes of places.

''(3) A corporation also engages in the practice of exclusive dealing if the
corporation refuses-

   (a)  to supply goods or services to a person;

   (b)  to supply goods or services to a person at a particular price; or

   (c)  to give or allow a discount, allowance, rebate or credit in relation
        to the supply or proposed supply of goods or services to a person, for
        the reason that the person or, if the person is a body corporate, a
        body corporate related to that body corporate-

   (d)  has acquired, or has not agreed not to acquire, goods or services, or
        goods or services of a particular kind or description, directly or
        indirectly from a competitor of the corporation or from a competitor
        of a body corporate related to the corporation;

   (e)  has re-supplied, or has not agreed not to re-supply, goods, or goods
        of a particular kind or description, acquired directly or indirectly
        from a competitor of the corporation or from a competitor of a body
        corporate related to the corporation; or

   (f)  in the case of a refusal in relation to the supply or proposed supply
        of goods, has re-supplied, or has not agreed not to re-supply, goods,
        or goods of a particular kind or description, acquired from the
        corporation to any person, or has re-supplied, or has not agreed not
        to re-supply, goods, or goods of a particular kind or description,
        acquired from the corporation-

        (i)    to particular persons or classes of persons or to persons other
               than particular persons or classes of persons; or

        (ii)   in particular places or classes of places or in places other
               than particular places or classes of places.

''(4) A corporation also engages in the practice of exclusive dealing if the
corporation-

   (a)  acquires, or offers to acquire, goods or services; or

   (b)  acquires, or offers to acquire, goods or services at a particular
        price, on the condition that the person from whom the corporation
        acquires or offers to acquire the goods or services or, if that person
        is a body corporate, a body corporate related to that body corporate
        will not supply goods or services, or goods or services of a
        particular kind or description, to any person, or will not, or will
        not except to a limited extent, supply goods or services, or
        goods or services of a particular kind or description-

   (c)  to particular persons or classes of persons or to persons other than
        particular persons or classes of persons; or

   (d)  in particular places or classes of places or in places other than
        particular places or classes of places.

''(5) A corporation also engages in the practice of exclusive dealing if the
corporation refuses-

   (a)  to acquire goods or services from a person; or

   (b)  to acquire goods or services at a particular price from a person, for
        the reason that the person or, if the person is a body corporate, a
        body corporate related to that body corporate has supplied, or has not
        agreed not to supply, goods or services, or goods or services of a
        particular kind or description-

   (c)  to particular persons or classes of persons or to persons other than
        particular persons or classes of persons; or

   (d)  in particular places or classes of places or in places other than
        particular places or classes of places.

''(6) A corporation also engages in the practice of exclusive dealing if the
corporation-

   (a)  supplies, or offers to supply, goods or services;

   (b)  supplies, or offers to supply, goods or services at a particular
        price; or

   (c)  gives or allows, or offers to give or allow, a discount, allowance,
        rebate or credit in relation to the supply or proposed supply of
        goods or services by the corporation, on the condition that the person
        to whom the corporation supplies or offers or proposes to supply the
        goods or services or, if that person is a body corporate, a body
        corporate related to that body corporate will acquire goods
        or services of a particular kind or description directly or indirectly
        from another person not being a body corporate related to the
        corporation.

''(7) A corporation also engages in the practice of exclusive dealing if the
corporation refuses-

   (a)  to supply goods or services to a person;

   (b)  to supply goods or services at a particular price to a person; or

   (c)  to give or allow a discount, allowance, rebate or credit in relation
        to the supply of goods or services to a person, for the reason that
        the person or, if the person is a body corporate, a body corporate
        related to that body corporate has not acquired, or has not agreed to
        acquire, goods or services of a particular kind or description
        directly or indirectly from another person not being a body corporate
        related to the corporation.

''(8) A corporation also engages in the practice of exclusive dealing if the
corporation grants or renews, or makes it known that it will not exercise a
power or right to terminate, a lease of, or a licence in respect of, land or a
building or part of a building on the condition that another party to the
lease or licence or, if that other party is a body corporate, a body corporate
related to that body corporate-

   (a)  will not, or will not except to a limited extent-

        (i)    acquire goods or services, or goods or services of a particular
               kind or description, directly or indirectly from a competitor
               of the corporation or from a competitor of a body corporate
               related to the corporation; or

        (ii)   re-supply goods, or goods of a particular kind or description,
               acquired directly or indirectly from a competitor of the
               corporation or from a competitor of a body corporate related to
               the corporation;

   (b)  will not supply goods or services, or goods or services of a
        particular kind or description, to any person, or will not, or will
        not except to a limited extent, supply goods or services, or
        goods or services of a particular kind or description-

        (i)    to particular persons or classes of persons or to persons other
               than particular persons or classes of persons; or

        (ii)   in particular places or classes of places or in places other
               than particular places or classes of places; or

   (c)  will acquire goods or services of a particular kind or description
        directly or indirectly from another person not being a body corporate
        related to the corporation.

''(9) A corporation also engages in the practice of exclusive dealing if the
corporation refuses to grant or renew, or exercises a power or right to
terminate, a lease of, or a licence in respect of, land or a building or part
of a building for the reason that another party to the lease or licence or, if
that other party is a body corporate, a body corporate related to that body
corporate-

   (a)  has acquired, or has not agreed not to acquire, goods or services, or
        goods or services of a particular kind or description, directly or
        indirectly from a competitor of the corporation or from a competitor
        of a body corporate related to the corporation;

   (b)  has re-supplied, or has not agreed not to re-supply, goods, or goods
        of a particular kind or description, acquired directly or indirectly
        from a competitor of the corporation or from a competitor of a body
        corporate related to the corporation;

   (c)  has supplied goods or services, or goods or services of a particular
        kind or description-

        (i)    to particular persons or classes of persons or to persons other
               than particular persons or classes of persons; or

        (ii)   in particular places or classes of places or in places other
               than particular places or classes of places; or

   (d)  has not acquired, or has not agreed to acquire, goods or services of a
        particular kind or description directly or indirectly from another
        person not being a body corporate related to the corporation.

''(10) Sub-section (1) does not apply to the practice of exclusive dealing
constituted by a corporation engaging in conduct of a kind referred to in
sub-section (2), (3), (4) or (5) or paragraph (8) (a) or (b) or (9) (a), (b)
or (c) unless-

   (a)  the engaging by the corporation in that conduct has the purpose, or
        has or is likely to have the effect, of substantially lessening
        competition; or

   (b)  the engaging by the corporation in that conduct, and the engaging by
        the corporation, or by a body corporate related to the corporation, in
        other conduct of the same or a similar kind, together have or are
        likely to have the effect of substantially lessening competition.

''(11) Sub-sections (8) and (9) do not apply with respect to-

   (a)  conduct engaged in by, or by a trustee for, a religious, charitable or
        public benevolent institution, being conduct engaged in for or in
        accordance with the purposes or objects of that institution; or

   (b)  conduct engaged in in pursuance of a legally enforceable requirement
        made by, or by a trustee for, a religious, charitable or public
        benevolent institution, being a requirement made for or in accordance
        with the purposes or objects of that institution.

''(12) Sub-section (1) does not apply with respect to any conduct engaged in
by a body corporate by way of restricting dealings by another body corporate
if those bodies corporate are related to each other.

''(13) In this section-

   (a)  a reference to a condition shall be read as a reference to any
        condition, whether direct or indirect and whether having legal or
        equitable force or not, and includes a reference to a condition the
        existence or nature of which is ascertainable only by inference from
        the conduct of persons or from other relevant circumstances;

   (b)  a reference to competition, in relation to conduct to which a
        provision of this section other than sub-section (8) or (9) applies,
        shall be read as a reference to competition in any market in which-

        (i)    the corporation engaging in the conduct or any body corporate
               related to that corporation; or

        (ii)   any person whose business dealings are restricted, limited or
               otherwise circumscribed by the conduct or, if that person is a
               body corporate, any body corporate related to that body
               corporate,

supplies or acquires, or is likely to supply or acquire, goods or services or
would, but for the conduct, supply or acquire, or be likely to supply or
acquire, goods or services; and

   (c)  a reference to competition, in relation to conduct to which
        sub-section (8) or (9) applies, shall be read as a reference to
        competition in any market in which the corporation engaging in the
        conduct or any other corporation the business dealings of which are
        restricted, limited or otherwise circumscribed by the conduct, or any
        body corporate related to either of those corporations, supplies or
        acquires, or is likely to supply or acquire, goods or services or
        would, but for the conduct, supply or acquire, or be likely to supply
        or acquire, goods or services.''.