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Tuesday, 7 December 1965

Mr SNEDDEN (Bruce) (AttorneyGeneral) . - The Government does not propose to accept the amendment.

Amendment negatived.

Clause, as amended, agreed to.

Clause 49. (1.) In proceedings under section 47of this Act, the Tribunal, after such inquiry as it considers appropriate having regard to the matters alleged by the Commissioner, if it is satisfied that an examinable agreement exists or has existed, or an examinable practice has been, is being or is proposed to be, engaged in, shall make a determination by which it -

(a)   records its findings as to those matters, including its findings as to the parties to, and terms of, the agreement, or the particulars of the examinable practice; and

(b)   determines, in accordance with its opinion, whether the relevant restrictions to which the proceedings relate are contrary to the public interest or, as the case may require, whether the examinable practice is contrary to the public interest. (2.) Where the Tribunal makes a determination under this section, it shall state the reasons for its opinion that the restriction or practice is, or is not, contrary to the public interest. (3.) The Tribunal shall not find that a practice of monopolization is proposed to be engaged in unless the Tribunal is satisfied that the person or combination concerned is already in a dominant position in a Une of trade or commerce in Australia or in a part of Australia, within the meaning of section 37 of this Act, and that the proposed practice is in relation to that dominant position.

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