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Tuesday, 7 December 1965


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

At the end of the clause add the following subclause: - " (6.) In this section - examinable agreement' includes a proposed agreement that would be, or might be, an examinable agreement; examinable practice' includes a proposed practice that would be, or might be, an examinable practice; restriction ' includes a proposed restriction.".

The purpose of this amendment is to make clear the meaning of the words contained in clause 59, which deals with a certificate that an agreement or practice is not contrary to public interest. In other words, where there has been successful consultation between the Commissioner and the parties, as provided for in clause 47, the Commissioner takes the matter to the Tribunal, there to say that the agreement or practice is not contrary to the public interest, and to request the Tribunal to so certify. It has been found necessary to give explicit meaning to three of the terms used in the clause. The first of those terms is, "examinable agreement ". To make the position clear, we seek to provide that an examinable agreement includes a proposed agreement that would be, or might be, an examinable agreement. The other two terms defined are " examinable practice ", and " restriction ". I am quite sure that the Committee will have no difficulty in accepting this amendment.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 60 agreed to.

Clause 61. (I.) A person who is, or proposes to become, a party to an agreement that is or may be an examinable agreement, or a person who, or a member of a combination which, is engaged or proposes to engage in a practice that is or may be an examinable practice, may apply to the Tribunal constituted by a presidential member for an order under this section in respect of all or any restrictions accepted or proposed to be acceptedunder the agreement or in respect of the practice. (2.) If, on an application under this section -

(a)   the Tribunal is satisfied that the application arises out of a proposal to employ new capital in a new venture, or in a substantial extension of an existing venture; and

(b)   there is furnished to the Tribunal a statutory declaration by the applicant, or by a person acting on behalf of the applicant and having, in the opinion of the Tribunal, sufficient means of knowledge, by which it is declared that -

(i)   the restrictions or practice in respect of which the application is made are or is necessary to the success of the venture, or to the extension of the venture; and

(ii)   the capital will not be, or is unlikely to be, employed unless there is an assurance that the restrictions or practice are, is or will be lawful, the Tribunal may, in its discretion, direct the Commissioner to take action in accordance with this section in respect of the restrictions or practice. (3.) Where a direction is given under the last preceding sub-section, the Commissioner shall, as expeditiously as practicable, make any necessary inquiries and either -

(a)   apply for leave to file a certificate under| section 59 of this Act in respect of the restrictions or practice; or

(b)   institute proceedings in the Tribunal under section 47 of this Act in respect ofthe restrictions or practice.







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