TRADE PRACTICES AMENDMENT ACT (No. 2) 1978 No. 207 of 1978 - SECT 4 Boycotts

TRADE PRACTICES AMENDMENT ACT (No. 2) 1978 No. 207 of 1978 - SECT 4

4. Section 45D of the Principal Act is amended-

   (a)  by inserting after sub-section (1) the following sub-sections:

''(1A) Subject to this section, a person shall not, in concert with another
person, engage in conduct for the purpose, and having or likely to have the
effect, of preventing or substantially hindering a third person (not being an
employer of the first-mentioned person) from engaging in trade or commerce-

   (a)  between Australia and places outside Australia;

   (b)  among the States; or

   (c)  within a Territory, between a State and a Territory or between two
        Territories.

''(1B) In a proceeding under this Act in relation to a contravention of
sub-section (1A), it is a defence if the defendant proves-

   (a)  that the conduct concerned is the subject of an authorization in force
        under section 88;

   (b)  that a notice in respect of the conduct has been duly given to the
        Commission under sub-section 93 (1) and the Commission has not given a
        notice in respect of the conduct under sub-section 93 (3); or

   (c)  that the dominant purpose for which the defendant engaged in the
        conduct concerned was to preserve or further a business carried on by
        him.

''(1C) The application of sub-section (1A) in relation to a person in respect
of his engaging in conduct in concert with another person is not affected by
reason that the other person proves any of the matters mentioned in
sub-section (1B) in respect of that conduct.''; and

   (b)  by omitting from sub-sections (2), (3), (4) and (6) ''sub-section
        (1)'' and substituting ''sub-section (1) or (1A)''.