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Wednesday, 14 August 1974
Page: 935

Senator GREENWOOD (Victoria) - I certainly state on behalf of the Opposition that we would agree to that course being followed. One of the motivating factors in putting up this proposition was that the same type of exception was contained in the clause relating to price arrangements. It was that if a contract, arrangement or understanding was entered into by 2 related companies and not as between independent companies it would have been an agreement in restraint of trade, that was exempted from the whole arrangement. It was difficult to understand why in the case of an exclusive dealing arrangement the same proposition did not apply. I know that we have not adverted to that in the course of the debate but it is one of the relevant considerations. If that position could be borne in mind also in the course of the consideration which the Attorney-General and his officers will be giving to the matter, I think that the Opposition would concur in the postponement of the consideration of the clause.

Motion (by Senator Murphy) agreed to:

That further consideration of clause 47 be postponed until a later hour of the day.

Clause 48 agreed to.

Clause 49.

49.   ( 1 ) A corporation shall not, in trade or commerce, directly or indirectly discriminate between purchasers of goods of like grade and quality in relation to-

(   a ) the prices charged for the goods;

(b)   any discounts, allowances, rebates or credits given in relation to the supply ofthe goods;

(c)   the provision of services or facilities in respect of the goods; or

(d   ) the making of payments for services or facilities provided in respect of the goods, if the discrimination is of such magnitude or is of such a recurring or systematic character that it is likely to have the effect of substantially lessening competition in a market for goods, being a market in which the corporation supplies, or those persons supply, goods.

(2)   Sub-section (1) does not apply in relation to a discrimination if-

(a)   the discrimination makes only reasonable allowance for differences in the cost or likely cost of manufacture, distribution, sale or delivery resulting from the differing places to which, methods by which or quantities in which the goods are supplied to the purchasers; or

(b)   the discrimination is constituted by the doing of an act in good faith to meet a price or benefit offered by a competitor of the supplier.

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