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Wednesday, 24 May 1972
Page: 1955

Senator Dame NANCY BUTTFIELD - My question is directed to the AttorneyGeneral and relates to the answer the Attorney-General gave to Senator Young in which he referred to the failure of chemists to apply to the Registrar or the Trade Practices Tribunal, especially in reference to resale price maintenance. Is it a fact that many industries have withdrawn their applications to the Registrar because of the Nakasa Case in which it cost that company $12,500 to present its application which was lost? I might add that as that company and many others believe that the Registrar's opinion was not correct according to law it may cost that company another $15,000 to $20,000 to take the case to the High Court.

Senator GREENWOOD - I am unable to confirm or challenge what the honourable senator has said. As I understand the position, I had earlier said in answer to Senator Young that the pharmaceutical industry had not pursued its application for exemption from resale price maintenance provisions. I feel in the whole area to which Senator Buttfield refers that if an industry felt it has a genuine case for exemption from the provisions it would be well equipped to put and sustain that case before a tribunal. If it does not proceed with it I would have thought that it was because it had some lack of confidence in its case.

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