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Wednesday, 14 August 1974
Page: 920


The CHAIRMAN -Order! That agreement having been reached, it will be necessary for Senator Greenwood to withdraw formally his amendment. Does the honourable senator seek leave to withdraw his amendment?


Senator Greenwood - Yes, I seek leave to withdraw it.


The CHAIRMAN - Is leave granted? There being no objection, leave is granted.

Amendment- by leave- withdrawn.


Senator MURPHY -I move:

1.   In sub-clause (2) (b), leave out 'that is', insert 'to the extent that it is'.

2.   Leave out sub-clause (3) and substitute the following sub-clauses:

(3)   A contract, arrangement or understanding having the purpose or effect of fixing, controlling or maintaining the price for, or any discount, allowance or rebate in relation to, any goods or services supplied by the parties to the contract, arrangement or understanding, or by any of them, in competition with each other to persons not being parties to the contract, arrangement or understanding is not in restraint of trade or commerce for the purposes of this Act if the restraint has such a slight effect on competition between the parties to the contract, arrangement or understanding, and on competition between those parties or any of them and other persons, as to be insignificant. (3a) A contract, arrangement or understanding that is not of the kind referred to in sub-section (3) is not in restraint of trade or commerce for the purposes of this Act unless the restraint has or is likely to have a significant effect on competition between the parties to the contract, arrangement or understanding or on competition between those parties or any of them and other persons'.


The CHAIRMAN - As this is quite a large amendment, the purpose of which is to leave out certain words, it may be convenient for the Committee if I put the question: 'That the amendment as moved by Senator Murphy be agreed to'. Is it the wish of the Committee that I put the question in that way?







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