New South Wales Bills Explanatory Notes

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DAIRY INDUSTRY AMENDMENT (TRADE PRACTICES EXEMPTION) BILL 1998

[Act 1998 No 28]
New South Wales
Dairy Industry Amendment (Trade
Practices Exemption) Bill 1998

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to ensure that. during a 5-year period commencing
on 21 July 1998. certain aspects of the current government milk marketing
arrangements in New South Wales administered by the Dairy Corporation do
not contravene Part IV of the Trade Practices Act 1974 of the Commonwealth
and the Competition Code of New South Wales.

Dairy industry Amendment (Trade Practices Exemption) Bill 1998 [Act 1998 No 28]
Explanatory note

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of
assent to the proposed Act.

Clause 3 is a formal provision giving effect to the amendments to the Dairy
Industry, Act 1979 set out in Schedule 1.

Schedule 1 inserts proposed section 109 into the Principal Act to achieve the
object stated above. Proposed section 109 specifically authorises the doing of
specified things by, or on behalf of, the Dairy Corporation during a S-year
period commencing on 2 1 July 1998 that might otherwise contravene Part IV
of the Trade Practices Act 1974 of the Commonwealth and the Competition
Code of New South Wales. The proposed section is in essentially the same
terms as clause 5 of the Competition Policy Reformn (New South Wales)
Regulation 1996. Section 51 of the Trade Practices Act 1974 and the
Competition Code provide that anything that is authorised by an Act or
regulation is to be disregarded in deciding whether a person has contravened
Part IV and the Code (which relates to restrictive trade practices).

Explanatory note page 2

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