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Tuesday, 7 December 1965


Mr SNEDDEN (Bruce) (AttorneyGeneral) . - by leave - I move -

1.   In sub-clause (1.), omit " the restriction ", insert " observance of the restriction on and after that date ".

2.   In sub-clause (2.), omit " the practice ", second occurring, insert "engaging in the practice on and after that date ".

3.   At the end of the clause add the following sub-clause - "(3.) Where the Tribunal determines that a restriction or practice is contrary to the public interest, a transaction entered into, whether before or after the making of the determination, in pursuance of the restriction or in accordance with the practice is not illegal or unenforceable by reason only of the making of that determination.".

Each of these three amendments, if carried, will give greater protection to innocent third parties. I think that the Committee will he quite happy to accept them. The first two amendments, generically, are the same. They are very important to third parties. Then the new sub-clause (3.) is most important. I am sure that the Committee, having had the opportunity to examine these amendments, will recognise their value to third parties.

Amendments agreed to.

Clause, as amended, agreed to.

Clause 52. (1.) Where the Tribunal determines that a restriction accepted under an examinable agreement is contrary to the public interest, the Tribunal may make such orders as it thinks proper for restraining all or any of the parties to the agreement from-

(a)   giving effect to, or enforcing or purport ing to enforce, the agreement in respect of that restriction; or

(b)   entering into any other agreement (whether with the same parties or with other parties) under which any restriction lo the like effect is accepted. (2.) Where the Tribunal determines that a practice is contrary to the public interest, it may make such orders as it thinks proper for restraining the person or combination concerned from continuing to engage, or engaging, in the practice, or for restraining that person or combination from engaging in practices of a like kind. (3.) Where the Tribunal determines that a restriction accepted under an agreement to which any member or members of a trade association are parties, or a practice on the part of any member or members of a trade association, is contrary to the public interest, the Tribunal may, in addition to making any other order, make such orders restraining the association or any person acting on its behalf from making or purporting to make any recommendation or doing or purporting to do any other act or thing as the Tribunal thinks necessary -

(a)   for ensuring the effective operation of any order arising out of the determination; or

(b)   for ensuring that further restrictions to the like effect do not become applicable under the agreement. (4.) Where the Tribunal finds that a practice that it has determined to be contrary to the public interest is provided for by an agreement, the Tribunal may make such orders as it thinks proper for restraining all or any of the parties to the agreement from -

(a)   giving effect to, or enforcing or purporting to enforce, the agreement in respect of that practice; or

(b)   entering into any other agreement (whether with the same parties or with other parties) by which that practice, or any practice of a like kind, is provided for. (7.) Orders of the Tribunal have the force of law.







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