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Wednesday, 14 August 1974
Page: 899


Senator GREENWOOD (Victoria) -I am sure that the Attorney-General is clear in what he is endeavouring to convey, but the difficulty which Senator Laucke feels and which I share with him is how the reference which is made to sub-section (2) of proposed section 88 becomes a relevant consideration and in what way it becomes a relevant consideration in subclause (5) of the Government's proposed amendment. On looking at proposed section 45 one finds, for example, that certain contracts or arrangements in restraint of trade are unenforceable. Then there is a provision that one cannot enter into any contracts or arrangements after the commencement of the proposed subsection. As I understand the amendment it is proposed to say that the commencement of the proposed sub-section shall be read, having regard to what sub-section (2) of proposed section 88 states, as a reference to the date of the proclamation. When one looks at sub-section (2) of proposed section 88 one gets the impression that it is outside the scope of any application for an authorisation. Therefore, what is its relevance and relationship to proposed section 45? When will a contract to which sub-section (2) of proposed section 88 applies cease to be unlawful? Will it be the date of proclamation or can it be extended?







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