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Thursday, 15 August 1974
Page: 992


The CHAIRMAN (Senator Webster -Not quite.


Senator MURPHY - When he does, I will move my amendment and also the amendment relating to the deletion of the word 'all '.


Senator Greenwood - Mr Chairman,I ask for leave to withdraw my amendment.


The CHAIRMAN - Is leave granted? There being no objection, leave is granted.

Amendment (by Senator Murphy) agreed to:

At the end of the clause add the following new sub-clause:

(   6 ) Where, in any proceedings against a person other than a body corporate under this part, it appears to the Court that the person has or may have done an act in contravention of a provision of Part IV or an act referred to in paragraph 76 (b), (c), (d) or(e) but that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person cither wholly or partly from liability to any penalty or damages on such terms as the Court thinks fit'.

Amendment (by Senator Murphy) agreed to:

In sub-clause (1 ) (b), omit the word 'all' twice appearing.

Clause, as amended, agreed to.

Clause 86 agreed to.

Clause 87 (Ancillary orders.)


The CHAIRMAN - Senator Greenwood,I have a notification of an amendment to this clause. Would this amendment be covered by what you said previously?


Senator Greenwood - Yes. We do not pursue the amendment.

Clause agreed to.

Clause 88.

(5)   The Commission does not have power to grant an authorisation under sub-section ( 1 ) to a corporation to continue to be a party to a contract, arrangement or understanding unless-

(a)   in the case of a contract- the requirements of paragraphs 45 (7) (a) and (b) have been complied with; or

(b)   the contract or arrangement was made, or the understanding was entered into, before the expiration of the period referred to in sub-section 2(4) and-

(i)   the authorisation is granted before the expiration of that period; or

(ii)   the authorisation is granted upon the expiration or revocation of another authorisation granted to the corporation under sub-section ( 1 ) in relation to the contract, arrangement or understanding.

(6)   Subject to this Pan, the Commission may, upon application by a corporation, grant an authorisation to the corporation to engage in conduct that would or may constitute engaging in the practice of exclusive dealing and, while such an authorisation remains in force, section 47 does not prevent the corporation from engaging in that conduct in accordance with the authorisation.

(7)   Subject to this Part, the Commission may, upon application by a corporation, grant an authorisation to the corporation to acquire shares in the capital, or to acquire assets, of a body corporate and, while such an authorisation remains in force, section 50 does not prevent the corporation from acquiring shares in the capital, or from acquiring assets, of the body corporate in accordance with the authorisation.







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