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Wednesday, 14 August 1974
Page: 933

Senator GREENWOOD (Victoria) - The Opposition will move an amendment to clause 47, copies of which have been circulated. Clause 47 states that 'a corporation shall not, in trade or commerce, engage in the practice of exclusive dealing'. A number of sub-clauses indicate what qualifications may be allowed to the practice of exclusive dealing and also what constitutes the practice of exclusive dealing. But we believe that there is an appropriate amendment which ought to be moved simply because it is a provision which has been recognised- I think it is in clause 45- that in the case of related companies, that is if one company owns another company, the prohibition on the practice of exclusive dealing shall not operate between those companies.

I move:

At the end of the clause add the following new sub-clause:

(6)   This section does not apply with respect to any conduct engaged in by a body corporate to or in relation to another body corporate if those bodies corporate are related to each other'.

I gather that the question of relationship is determined by the Companies Ordinance. I know that the Attorney-General and his officers are aware of the amendment because a similar amendment was also moved in the House of Representatives and it was to be examined. I hope that the Senate will accept it.

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