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Tuesday, 7 December 1965


Mr KILLEN (Moreton) .- I move -

In proposed sub-clause (3.), omit " the Tribunal is satisfied that".

I think this is a completely unnecessary provision for reasons I have adduced before. I do not propose to spell them out again but I am not conscious of any intelligible reason why the Tribunal should have the discretion that now resides within this clause.

Amendment upon proposed amendment negatived.

Original amendment agreed to.

Clause, as amended, agreed to.

Clause 50. (1.) In considering whether any restriction, or any practice other than a practice of monopolization, is contrary to the public interest, the Tribunal shall take as the basis of its consideration the principle that the preservation and encouragement of competition are desirable in the public interest, but shall weigh against the detriment constituted by any proved restriction of, or tendency to restrict, competition any effect of the restriction or practice as regards any of the matters referred to in the next succeeding sub-section if that effect tends to establish that, on balance, the restriction is not contrary to the public interest. (2.) The matters that are to be taken into account in accordance with the last preceding subsection are - (3.) In considering the public interest in relation to a practice of monopolization, the Tribunal shall weigh against any detriment (including detriment constituted by any proved restriction of, or tendency to restrict, competition) that has resulted, or can be expected to result, from the practice any effect of the practice as regards any of the matters referred to in paragraphs (a) to (f) of the last preceding sub-section if that effect tends to establish that, on balance, the practice is not contrary to the public interest.

Mr. SNEDDEN(Bruce - AttorneyGeneral [8.36]. - I move -

After " restriction ", fourth occurring, insert " or the practice ".

This is where I get an opportunity to reciprocate with the Draftsman. This is a drafting amendment. The words "or the practice" should be included. I am sure the Committee will find this amendment acceptable.

Amendment agreed to.







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