Victorian Consolidated Legislation

Collusive Practices Act 1965 - SECT 2

Definitions

2. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

agreement includes any arrangement or understanding whether enforceable by
legal proceedings or not and whether or not it was intended to be enforceable
by legal proceedings;

auction means an auction in Victoria at which any goods, land or other
property, or any rights or privileges, is or are submitted to auction;



collusive bidding agreement means-

   (a)  an agreement by two or more persons for the submission of a joint bid
        at an auction; or

   (b)  any other agreement that has the purpose or effect of preventing or
        restricting competition among all or any of the parties in respect of
        bidding at an auction or auctions- whether the agreement was made
        before, or is made after, the commencement of this Act and whether or
        not the agreement relates expressly or exclusively to bidding;

collusive tendering agreement means-

   (a)  an agreement by two or more persons for the submission of identical
        tenders or a joint tender for the supply or acquisition of goods or
        services; or

   (b)  any other agreement that has the purpose or effect of preventing or
        restricting competition among all or any of the parties in respect of
        tendering for the supply or acquisition of goods or services- whether
        the agreement was made before, or is made after, the commencement of
        this Act and whether or not the agreement relates expressly or
        exclusively to tendering;

document includes a book or writing;

goods includes-

   (a)  animals (including fish);

   (b)  minerals, trees and crops, whether on, under or attached to land or
        not; and

   (c)  gas;

joint bid means a bid made by two or more persons jointly, and includes a bid
(whether made in the name of one person or in the names of two or more
persons) made with the intention that, if the bid is successful, the property,
rights or privileges bid for will or may be shared by two or more persons;

joint tender means a tender by two or more persons jointly for the supply or
acquisition of goods or services, and includes a tender (whether made in the
name of one person or in the names of two or more persons) made with the
intention that, if the tender is successful, the supply or acquisition of the
goods or services, or the goods or services acquired, as the case may be, will
or may be shared by two or more persons;

services includes, without limiting the generality of the expression, the
rights or benefits that are to be provided under an agreement for-

   (a)  the performance of work (otherwise than under a contract of service),
        whether with or without the supply of goods;

   (b)  the provision of, or the use or enjoyment of, facilities for
        amusement, entertainment, recreation or instruction; or

   (c)  the conferring of rights or privileges for which remuneration is
        payable in the form of a royalty, tribute, levy or similar exaction;





supply includes-

   (a)  in relation to goods-supply (including re-supply) by way of sale,
        exchange, lease, hire or hire-purchase; and

   (b)  in relation to services-provide, grant or confer; and supplied and
        supplier have corresponding meanings;

tender means an offer for the supply or acquisition of goods or services made
in response to an invitation published by or on behalf of-

   (a)  the Government of Victoria;

   (b)  any body corporate or unincorporate constituted by or under any law of
        Victoria for public purposes;

   (c)  any municipal council; or

   (d)  any institution within the meaning of the Hospitals and Charities Act
        1958;

trade association means an association, body or organization (whether
incorporated or not) formed, existing or conducted for the purpose of
furthering, or for purposes that include or are conducive to the furthering
of, the business or professional interests of all or any of its members, but
does not include-

   (a)  a partnership; or

   (b)  an association, body or organization the only members of which are
        companies related to each other.





(2) For the purposes of this Act-

   (a)  an arrangement or understanding, whether formal or informal and
        whether express or implied, shall be deemed to be an agreement;

   (b)  a reference to an agreement shall be read as including a reference to
        any agreement made outside Victoria;

   (c)  where a person is a party to an agreement under which that person
        undertakes, or is or may be required to ensure, that a corporation
        which that person is in a position to control will do an act or thing,
        or which provides for the doing of an act or thing by such a
        corporation-

   (i)  that corporation shall be deemed to be a party to the agreement; and

   (ii) the agreement shall be deemed to require the corporation to do that
        act or thing-

and for the purposes of this paragraph, a corporation that is the holding
company of another corporation shall be deemed to be in a position to control
that other corporation;

   (d)  where, under an agreement, a party is subject to an obligation, or may
        be subjected to a penalty or disadvantage, if he fails to comply with
        conditions, or privileges or benefits are or are to be conferred upon
        a party only if he complies with conditions, that person shall be
        deemed to be required by that agreement to comply with those
        conditions;

   (e)  an act or thing done by a party to an agreement shall be deemed to
        have been done in pursuance of a requirement of the agreement where-

   (i)  he would have contravened that requirement if he had not done that act
        or thing; or

   (ii) that requirement was applicable in relation to the doing of that act
        or thing and the act or thing was done consistently with that
        requirement;

   (f)  a reference to a corporation being the holding company of another
        corporation or to corporations being related one to another, shall be
        read as having the same meaning as a similar reference would have in
        the Corporations Act;

   (g)  a reference to the supply or acquisition of goods shall be read as
        including a reference to agreeing to supply or acquire goods;

   (h)  a reference to the acquisition of goods shall be read as including a
        reference to the acquisition of property in, or rights in relation to,
        goods in pursuance of a supply of the goods;

        (i)    a reference to the supply or acquisition of services shall be
               read as including a reference to agreeing to supply or acquire
               services;

   (j)  a reference to the supply or acquisition of goods shall be read as
        including a reference to the supply or acquisition of goods together
        with services; and

   (k)  entering into an agreement, refusing to enter into an agreement, or
        refraining from entering into an agreement shall be deemed to be doing
        an act or thing.