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Year 2000 Information Disclosure Bill 1999

Part 5 Exemption from section 45 of the Trade Practices Act 1974

   

17   Exemption from section 45 of the Trade Practices Act 1974

Contracts, arrangements and understandings

             (1)  Section 45 of the Trade Practices Act 1974 does not apply to or in relation to:

                     (a)  a contract or arrangement made:

                              (i)  after the commencement of this section; and

                             (ii)  before 1 July 2001; or

                     (b)  an understanding arrived at:

                              (i)  after the commencement of this section; and

                             (ii)  before 1 July 2001;

to the extent to which the contract, arrangement or understanding provides for the disclosure and/or exchange of information, by any or all of the parties to the contract, arrangement or understanding, for the sole purpose of facilitating any or all of the following:

                     (c)  the detection of problems relating to Year 2000 processing;

                     (d)  the prevention of problems relating to Year 2000 processing;

                     (e)  the remediation of problems relating to Year 2000 processing;

                      (f)  awareness of the consequences or implications, for the supply of goods or services, of problems relating to Year 2000 processing;

                     (g)  contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (f);

                     (h)  awareness of the consequences or implications, for the activities or capabilities of a person, of problems relating to Year 2000 processing;

                      (i)  contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (h).

Proposed contracts, arrangements and understandings

             (2)  Section 45 of the Trade Practices Act 1974 does not apply to or in relation to:

                     (a)  a contract or arrangement proposed to be made:

                              (i)  after the commencement of this section; and

                             (ii)  before 1 July 2001; or

                     (b)  an understanding proposed to be arrived at:

                              (i)  after the commencement of this section; and

                             (ii)  before 1 July 2001;

to the extent to which the proposed contract, arrangement or understanding would provide for the disclosure and/or exchange of information, by any or all of the parties to the proposed contract, arrangement or understanding, for the sole purpose of facilitating any or all of the following:

                     (c)  the detection of problems relating to Year 2000 processing;

                     (d)  the prevention of problems relating to Year 2000 processing;

                     (e)  the remediation of problems relating to Year 2000 processing;

                      (f)  awareness of the consequences or implications, for the supply of goods or services, of problems relating to Year 2000 processing;

                     (g)  contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (f);

                     (h)  awareness of the consequences or implications, for the activities or capabilities of a person, of problems relating to Year 2000 processing;

                      (i)  contingency planning, risk management, remediation efforts or other arrangements for dealing with consequences or implications referred to in paragraph (h).