New South Wales Consolidated Acts

TOTALIZATOR ACT 1997 - SECT 17A

17A Trade Practices exemption

(1) The following conduct is 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) the grant of the TAB off-course licence, the TAB on-course licence and a club on-course licence referred to in sections 14 and 15 of this Act,

(b) conduct authorised or required by or under the terms or conditions of a licence referred to in paragraph (a),

(b1) conduct authorised by section 9A or 9B,

(c) entering into an arrangement or proposed arrangement approved under this section,

(d) giving effect to an arrangement approved under this section,

(e) the giving of a direction pursuant to clause 15 (Power of controlling bodies to give directions) of Schedule 2 and any conduct engaged in in compliance with any such direction.

(2) The Minister may by order published in the Gazette approve of the following for the purposes of this section:

(a) any arrangement or proposed arrangement entered into or to be entered into for the purposes of section 21A (Commercial arrangements with the racing industry), 43 (2) or 43A,

(b) any arrangement or proposed arrangement that in the opinion of the Minister is associated with and necessary or convenient for giving effect to a licence referred to in subsection (1) or an arrangement or proposed arrangement referred to in paragraph (a).

(3) An approval under this section must identify the parties to the arrangements concerned.

(4) Conduct authorised by this section is authorised only to the extent (if any) that it would otherwise contravene Part IV of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales .

(5) In this section:
"arrangement" includes agreement and understanding.
"giving effect to" an arrangement includes:

(a) complying with any obligation under the arrangement, and

(b) exercising or enforcing any right or power under the arrangement.

Note: Section 51 of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales provide that anything that is authorised by an Act is to be disregarded in deciding whether a person has contravened Part IV of the Trade Practices Act 1974 and the Competition Code (which relates to restrictive trade practices).