New South Wales Consolidated Acts

NSW SELF INSURANCE CORPORATION ACT 2004 - SECT 8B

8B Trade practices authorisations

(1) The following are specifically authorised by this Act for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales :

(a) any insurance agency arrangement,

(b) the conduct of the parties to an insurance agency arrangement:

(i) in negotiating or entering into the arrangement, or

(ii) in performing the terms of the arrangement (including any terms that are to be included, or that are taken to be included, in the arrangement under the regulations),

(c) any contract, agreement or other arrangement between a building management service provider and the Self Insurance Corporation concerning the provision of services to builders that do residential building work that is insured by the Corporation,

(d) the conduct of the parties to a contract, agreement or other arrangement referred to in paragraph (c):

(i) in negotiating or entering into the contract, agreement or other arrangement, or

(ii) in performing the terms of the contract, agreement or other arrangement,

(e) any requirement of the Self Insurance Corporation of a kind referred to in section 8A (8) and any conduct of a person in relation to whom the requirement is imposed in complying with the requirement.

(2) Subsection (1) extends to any contract, agreement or other arrangement that, by operation of clause 4 of Schedule 1, becomes:

(a) an insurance agency arrangement, or

(b) a contract, agreement or other arrangement between a building management service provider and the Self Insurance Corporation concerning the provision of services to builders that do residential building work that is insured by the Corporation.

Note: Clause 4 of Schedule 1 provides for certain contracts, agreements or other arrangements entered into by the Minister for or on behalf of the Crown before the commencement of section 8A to become contracts, agreements or other arrangements to which the Self Insurance Corporation is a party instead of the Crown.

(3) Anything authorised to be done by this section is authorised only to the extent to which it would otherwise contravene Part IV of the Trade Practices Act 1974 of the Commonwealth or the Competition Code of New South Wales .