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Tuesday, 7 December 1965

Mr SNEDDEN (Bruce) (AttorneyGeneral) (12:45 PM) . - I move -

After sub-clause (3.) insert the following subclause: - "(3a.) It is a defence to a prosecution under sub-section (2.) of this section if the defendant satisfies the Court that -

(a)   the agreement concerned was not made for the purposes of a particular auction; and

(b)   at the time of the alleged offence - (0 full and accurate particulars of the agreement and of any variation of the agreement were contained in the Register; and

(ii)   there was not in force an order of the Tribunal that was contravened by the conduct constituting the alleged offence.".

I think the amendment is quite clear as it stands.

Amendment agreed to.

Clause, as amended, and as previously amended, agreed to.

Clause 87. (1.) An agreement is not a collusive tendering agreement or collusive bidding agreement for the purposes of this Part to the extent that -

(a)   the agreement is between corporations that are related to each other;

(b)   the agreement is between partners, in relation to competition between a partner and the partnership; or

(c)   the agreement relates to tendering or bidding otherwise than in the course of, or in connexion with, a business.

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