New South Wales Consolidated Acts

COMPETITION POLICY REFORM (NEW SOUTH WALES) ACT 1995 - SECT 8

8 Application of Competition Code

(1) The Competition Code of this jurisdiction applies to and in relation to:

(a) persons carrying on business within this jurisdiction, or

(b) bodies corporate incorporated or registered under the law of this jurisdiction, or

(c) persons ordinarily resident in this jurisdiction, or

(d) persons otherwise connected with this jurisdiction.

(2) Subject to subsection (1), the Competition Code of this jurisdiction extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).

(3) Where a claim under section 82 of the Competition Code of this jurisdiction is made in a proceeding, a person is not entitled to rely at a hearing in respect of that proceeding on conduct to which a provision of the Code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.

(4) A person other than the Commonwealth Minister or the Commission is not entitled to make an application to the Court for an order under section 87 (1) or (1A) of the Competition Code of this jurisdiction in a proceeding in respect of conduct to which a provision of the Code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.

(5) The Commonwealth Minister is required to give a consent under subsection (3) or (4) in respect of a proceeding unless, in the opinion of the Commonwealth Minister:

(a) the law of the country in which the conduct concerned was engaged in required or specifically authorised the engaging in of the conduct, and

(b) it is not in the national interest that the consent be given.

(6) In this section:
"Commonwealth Minister" means a Minister of State for the Commonwealth administering Part IV of the Trade Practices Act.