New South Wales Consolidated Acts

COMPETITION POLICY REFORM (NEW SOUTH WALES) ACT 1995 - SECT 41

41 Existing contracts

(1) For the purposes of deciding whether a person has contravened Part IV of the Code at any time after the operative date:

(a) existing contracts made before the cut-off date, and things done to give effect to those contracts, are to be disregarded, and

(b) if an existing contract made before the cut-off date is varied on or after the cut-off date, things done to give effect to the varied contract are not to be disregarded under paragraph (a) unless they would have been disregarded under the contract as in force immediately before the cut-off date, and

(c) regard can be had to existing contracts made on or after the cut-off date and to things done to give effect to those contracts.

(2) Part IV of the Code does not make unenforceable a provision of an existing contract made before the cut-off date, unless it was unenforceable immediately before the operative date.

(3) Part IV of the Code can make unenforceable a provision of an existing contract made on or after the cut-off date.