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Wednesday, 14 August 1974
Page: 932


Senator MURPHY (New South WalesAttorneyGeneral) - In clause 46 (3) (a) as it stands there is a reference to the period of 4 months relating to the date fixed under subsection 2 (3). By the decision taken earlier today we took those price fixing agreements out of the operation ofthe time lag of 4 months. Therefore we have to modify clause 46 in order to carry that through in this sub-clause. It is as simple as that, a consequential proposal. As I indicated, if Senator Greenwood wishes to study it at length, since this is consequential to what was done to amend clause 2,I offered then that if he wanted to bring it back for further consideration I would be happy to facilitate a recommittal of it. I assure the Committee that the Parliamentary Counsel drafted this and said it is merely consequential. I think that this debate will not finish this evening, therefore if at any stage the Opposition wants to bring this clause back to the Committee with the other amendments, we will do that.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 47.

(   1 ) Subject to this section, a corporation shall not, in trade or commerce, engage in the practice of exclusive dealing.

(2)   A corporation engages in the practice of exclusive dealing if the corporation-

(5)   Sub-section (1 ) does not apply to the practice of exclusive dealing constituted by a corporation engaging in conduct of a kind referred to in sub-section (2) unless the engaging by the corporation in that conduct is likely to have the effect of substantially lessening competition in a market for goods or services.







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