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Thursday, 15 August 1974
Page: 996


Senator GREENWOOD (Victoria) -I think that perhaps the Committee would agree to consider that decision as having applied to the amendments numbers 3 1 and 32 on the sheet because they relate to arrangements under clause 45 of the legislation. The amendments I am about to move relate to monopolisation. I move:

1.   In clause 92, sub-section (3). leave out 'sub-section (2)', substitute ' sub-section ( 2 A ) '.

2.   After clause 92, insert the following new clause: 92 a. ( I ) A corporation that proposes to engage in conduct that might be of a kind referred to in sub-section 46 ( 1 ) may give notice, as prescribed, of the proposed conduct to the Commission.

(2)   Where a corporation so gives notice to the Commission, the Commission may within 30 days after receiving the notice give notice in writing to the corporation stating that the Commission considers that the engaging by the corporation in the proposed conduct would fall within subsection 46 ( I ).

(3)   Where a corporation has given a notice to the Commission under sub-section ( I ), the engaging by the corporation in the conduct referred to in the notice shall not be taken, for the purposes of this Act, to fall within sub-section 46 ( I ) if the conduct takes place more than 30 days after the day on which the corporation gave the notice and the Commission has not given a notice to the corporation under subsection (2) in relation to the engaging by the corporation in the conduct. (4)Where-

(a)   a corporation has given a notice to the Commission under sub-section ( I ) in relation to proposed conduct: and

(   b ) the Commission has given a notice to the corporation under sub-section (2) in relation to the proposed conduct, the corporation is not entitled to give a further notice under sub-section ( I ) to the Commission in relation to the same conduct or conduct to the like effect'.

I assume that the answer of the AttorneyGeneral is precisely the same as the answer he has given with regard to the other amendment.


Senator Murphy - Yes.


Senator GREENWOOD -We regret it very much.

Amendments negatived.







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