Victorian Consolidated Legislation

Collusive Practices Act 1965 - SECT 10

Non-application of Act

10. Non-application of Act



(1) This Act does not apply to the making of a tender or abstaining from
making a tender for the supply of goods to a person carrying on business
outside the Commonwealth of Australia for the purpose of that person's
business outside the Commonwealth or to the supply of services outside the
Commonwealth.

(2) An agreement is not a collusive tendering agreement or collusive bidding
agreement for the purposes of this Act to the extent that-

   (a)  the agreement is between corporations that are related to each other;

   (b)  the agreement is between partners, in relation to competition between
        a partner and the partnership; or

   (c)  the agreement relates to tendering or bidding otherwise than in the
        course of, or in connexion with, a business.

(3) An agreement is not a collusive tendering agreement or collusive bidding
agreement for the purposes of this Act to the extent that the agreement is, or
is of a kind, specifically authorized or approved by, or by regulations under,
this Act.

(4) An agreement is not a collusive tendering agreement or collusive bidding
agreement for the purposes of this Act by reason only of-

   (a)  any provision of the agreement relating to the remuneration,
        conditions of employment, hours of work or working conditions of
        employees;





   (b)  any provision of the agreement obliging a person to comply with or
        apply standards prepared or approved by the Standards Association of
        Australia, or by any prescribed association or body;

   (c)  in the case of an agreement for or in respect of-

   (i)  a licence granted or to be granted by the proprietor, licensee or
        owner of a patent, registered design or copyright or by a person who
        has applied for a patent or for the registration of a design; or

   (ii) an assignment of a patent, registered design or copyright or of the
        right to apply for a patent or for the registration of a design-

any condition of the licence or assignment relating exclusively to-

   (iii) the invention to which the patent or application for a patent relates
        or articles made by the use of that invention;

   (iv) goods in respect of which the design is or is proposed to be
        registered and to which it is applied; or

   (v)  the work to which the copyright relates;

   (d)  in the case of an agreement authorizing the use of a certification
        trade mark-any provision included in the agreement in accordance with
        rules applicable under Part XI of the Trade Marks Act 1955-1958 of the
        Commonwealth; or



   (e)  in the case of an agreement between the registered proprietor of a
        trade mark other than a certification trade mark and a person
        authorized by the agreement to use the trade mark subject to
        registration as a registered user under Part IX of the Trade Marks Act
        1955-1958 of the Commonwealth-any provision of the agreement with
        respect to the kinds, qualities or standards of goods bearing the mark
        that may be produced or supplied.

(5) A collusive tendering agreement shall not be implied with respect to any
agreement for the supply of goods by reason only of the fact that a person has
in making or in joining in making the tender complied with-

   (a)  the requirements of an agreement between that person and the
        manufacturer wholesaler or other supplier of the goods to him which
        determines the price at which the goods may be re-sold by him; or

   (b)  the requirements of any Act or law which determines the price at which
        the goods may be sold by him.