Commonwealth: Competition and Consumer Amendment (Competition Policy Review) Act 2017 (Cth)

Competition and Consumer Amendment (Competition Policy Review) Act 2017 No. 114, 2017 An Act to amend the Competition and Consumer Act 2010, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Definition of "competition" Competition and Consumer Act 2010 Schedule 2—Cartels Part 1—Amendments Competition and Consumer Act 2010 Part 2—Renumbering Division 1 of Part IV and Schedule 1 Competition and Consumer Act 2010 Schedule 3—Price signalling and concerted practices Part 1—Main amendments Competition and Consumer Act 2010 Part 2—Other amendments Competition and Consumer Act 2010 Schedule 4—Exclusionary provisions Competition and Consumer Act 2010 Schedule 5—Covenants affecting competition Competition and Consumer Act 2010 Schedule 7—Third line forcing Competition and Consumer Act 2010 Schedule 8—Resale price maintenance Competition and Consumer Act 2010 Schedule 9—Authorisations, notifications and class exemptions Part 1—Main amendments Competition and Consumer Act 2010 Part 2—Other amendments Competition and Consumer Act 2010 Radiocommunications Act 1992 Schedule 10—Admissions of fact Competition and Consumer Act 2010 Schedule 11—Power to obtain information, documents and evidence Competition and Consumer Act 2010 Schedule 12—Access to services Part 1—Declared services Competition and Consumer Act 2010 Part 2—Effective access regimes Competition and Consumer Act 2010 Part 3—Access to declared services Competition and Consumer Act 2010 Part 4—Contingent amendments Division 1—Public Governance amendments have already commenced Competition and Consumer Act 2010 Division 2—Public Governance amendments have not commenced Competition and Consumer Act 2010 Schedule 13—Application and transitional provisions Competition and Consumer Act 2010 Schedule 14—Other amendments Part 1—Removal of requirements for Ministerial consents Competition and Consumer Act 2010 Part 2—Jurisdiction of State and Territory Courts Competition and Consumer Act 2010 Part 3—Register of notifications Competition and Consumer Act 2010 Part 4—Confidentiality of notices Competition and Consumer Act 2010 Part 5—Cartel offences Competition and Consumer Act 2010 Part 6—Unsolicited consumer agreements Competition and Consumer Act 2010 Part 7—Misleading conduct as to the nature etc. of goods Competition and Consumer Act 2010 Part 8—Power to obtain information, documents and evidence Competition and Consumer Act 2010 Part 9—Application and transitional provisions Competition and Consumer Act 2010 Competition and Consumer Amendment (Competition Policy Review) Act 2017 No. 114, 2017 An Act to amend the Competition and Consumer Act 2010, and for related purposes [Assented to 27 October 2017] The Parliament of Australia enacts: 1 Short title This Act is the Competition and Consumer Amendment (Competition Policy Review) Act 2017. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 27 October 2017 2. Schedule 1 The provisions do not commence at all unless the Competition and Consumer Amendment (Misuse of Market Power) Act 2017 receives the Royal Assent. 6 November 2017 If that Act receives the Royal Assent, the provisions commence on: (F2017N00085) (a) a single day to be fixed by Proclamation; or (paragraph (a) applies) (b) if no earlier day is fixed under paragraph (a), the day after the end of the period of 6 months beginning on the later of: (i) the day this Act receives the Royal Assent; and (ii) the day the Competition and Consumer Amendment (Misuse of Market Power) Act 2017 receives the Royal Assent. 3. Schedule 2, Part 1 At the same time as the provisions covered by table item 2. 6 November 2017 4. Schedule 2, Part 2 Immediately after the commencement of the provisions covered by table item 3. 6 November 2017 5. Schedules 3 to 8 At the same time as the provisions covered by table item 2. 6 November 2017 6. Schedule 9, items 1 to 103 At the same time as the provisions covered by table item 2. 6 November 2017 7. Schedule 9, item 104 Immediately after the commencement of the provisions covered by table item 5. 6 November 2017 8. Schedule 9, items 105 to 132 At the same time as the provisions covered by table item 2. 6 November 2017 9. Schedule 9, item 133 Immediately after the commencement of the provisions covered by table item 11. 6 November 2017 10. Schedule 9, items 134 to 167 At the same time as the provisions covered by table item 2. 6 November 2017 11. Schedules 10 and 11 At the same time as the provisions covered by table item 2. 6 November 2017 12. Schedule 12, Parts 1 to 3 At the same time as the provisions covered by table item 2. 6 November 2017 13. Schedule 12, Part 4, Division 1 Immediately after the commencement of the provisions covered by table item 2. 6 November 2017 However, the provisions do not commence at all if Schedule 2 to the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 does not commence before that time. 14. Schedule 12, Part 4, Division 2 Immediately after the commencement of the provisions covered by table item 2. Never commenced However, the provisions do not commence at all if Schedule 2 to the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 commences before that time. 15. Schedule 13 At the same time as the provisions covered by table item 2. 6 November 2017 16. Schedule 14 The day after this Act receives the Royal Assent. 28 October 2017 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Definition of "competition" Competition and Consumer Act 2010 1 Subsection 4(1) (definition of competition) Repeal the definition, substitute: competition includes: (a) competition from goods that are, or are capable of being, imported into Australia; and (b) competition from services that are rendered, or are capable of being rendered, in Australia by persons not resident or not carrying on business in Australia. Schedule 2—Cartels Part 1—Amendments Competition and Consumer Act 2010 1 Paragraph 6(2C)(h) Omit "44ZZRD(3)(a)(iii),", substitute "44ZZRD(3)(a)(iii) and (iv) and". 2 At the end of paragraph 44ZZRD(3)(a) Add: (iv) the acquisition, or likely acquisition, of goods or services from persons or classes of persons by any or all of the parties to the contract, arrangement or understanding; or 3 Paragraphs 44ZZRD(4)(c) to (e) After "services" (last occurring), insert "in trade or commerce". 4 Paragraph 44ZZRD(4)(f) After "goods" (last occurring), insert "in trade or commerce". 5 Paragraphs 44ZZRD(4)(g) and (h) After "services" (last occurring), insert "in trade or commerce". 6 After paragraph 44ZZRD(4)(h) Insert: (ha) if subparagraph (3)(a)(iv) applies in relation to preventing, restricting or limiting the acquisition, or likely acquisition, of goods or services—the acquisition of those goods or services in trade or commerce; or 7 Paragraphs 44ZZRD(4)(i) and (j) After "services" (last occurring), insert "in trade or commerce". 8 Subsection 44ZZRD(4) (note) Repeal the note, substitute: Note 1: Party has an extended meaning—see section 44ZZRC. Note 2: Trade or commerce is defined in section 4 to mean trade or commerce within Australia or between Australia and places outside Australia. 9 Subsection 44ZZRD(5) Omit "subparagraph (3)(a)(iii),", substitute "subparagraph (3)(a)(iii) or (iv) or". 10 Paragraph 44ZZRD(7)(a) Omit "subparagraph (3)(a)(iii)", substitute "subparagraphs (3)(a)(iii) and (iv)". 11 Subsection 44ZZRO(1) Omit "(1)". 12 Subsection 44ZZRO(1) Omit "contract containing a cartel provision if", substitute "contract, arrangement or understanding containing a cartel provision if the defendant proves that". 13 Paragraphs 44ZZRO(1)(a) and (b) Repeal the paragraphs, substitute: (a) the cartel provision is: (i) for the purposes of a joint venture; and (ii) reasonably necessary for undertaking the joint venture; and (b) the joint venture is for any one or more of the following: (i) production of goods; (ii) supply of goods or services; (iii) acquisition of goods or services; and (ba) the joint venture is not carried on for the purpose of substantially lessening competition; and 14 Paragraphs 44ZZRO(1)(c) and (d) After "the contract", insert ", arrangement or understanding". 15 Subsection 44ZZRO(1) (note 1) Repeal the note, substitute: Note 1: A defendant bears a legal burden in relation to the matter in this section (see section 13.4 of the Criminal Code). 16 Subsections 44ZZRO(1A) to (4) Repeal the subsections. 17 Subsection 44ZZRP(1) Omit "contract containing a cartel provision if", substitute "contract, arrangement or understanding containing a cartel provision if the defendant proves that". 18 Paragraphs 44ZZRP(1)(a) and (b) Repeal the paragraphs, substitute: (a) the cartel provision is: (i) for the purposes of a joint venture; and (ii) reasonably necessary for undertaking the joint venture; and (b) the joint venture is for any one or more of the following: (i) production of goods; (ii) supply of goods or services; (iii) acquisition of goods or services; and (ba) the joint venture is not carried on for the purpose of substantially lessening competition; and 19 Paragraphs 44ZZRP(1)(c) and (d) After "the contract", insert ", arrangement or understanding". 20 Subsections 44ZZRP(1A) to (2) Repeal the subsections, substitute: (2) A defendant who wishes to rely on subsection (1) must prove that matter on the balance of probabilities. 21 At the end of paragraph 44ZZRD(3)(a) of Schedule 1 Add: (iv) the acquisition, or likely acquisition, of goods or services from persons or classes of persons by any or all of the parties to the contract, arrangement or understanding; or 22 Paragraphs 44ZZRD(4)(c) to (e) of Schedule 1 After "services" (last occurring), insert "in trade or commerce". 23 Paragraph 44ZZRD(4)(f) of Schedule 1 After "goods" (last occurring), insert "in trade or commerce". 24 Paragraphs 44ZZRD(4)(g) and (h) of Schedule 1 After "services" (last occurring), insert "in trade or commerce". 25 After paragraph 44ZZRD(4)(h) of Schedule 1 Insert: (ha) if subparagraph (3)(a)(iv) applies in relation to preventing, restricting or limiting the acquisition, or likely acquisition, of goods or services—the acquisition of those goods or services in trade or commerce; or 26 Paragraphs 44ZZRD(4)(i) and (j) of Schedule 1 After "services" (last occurring), insert "in trade or commerce". 27 Subsection 44ZZRD(4) of Schedule 1 (note) Repeal the note, substitute: Note 1: Party has an extended meaning—see section 44ZZRC. Note 2: Trade or commerce is defined in section 4 to mean trade or commerce within Australia or between Australia and places outside Australia. 28 Subsection 44ZZRD(5) of Schedule 1 Omit "subparagraph (3)(a)(iii),", substitute "subparagraph (3)(a)(iii) or (iv) or". 29 Paragraph 44ZZRD(7)(a) of Schedule 1 Omit "subparagraph (3)(a)(iii)", substitute "subparagraphs (3)(a)(iii) and (iv)". 30 Subsection 44ZZRO(1) of Schedule 1 Omit "contract containing a cartel provision if", substitute "contract, arrangement or understanding containing a cartel provision if the defendant proves that". 31 Paragraphs 44ZZRO(1)(a) and (b) of Schedule 1 Repeal the paragraphs, substitute: (a) the cartel provision is: (i) for the purposes of a joint venture; and (ii) reasonably necessary for undertaking the joint venture; and (b) the joint venture is for any one or more of the following: (i) production of goods; (ii) supply of goods or services; (iii) acquisition of goods or services; and (ba) the joint venture is not carried on for the purpose of substantially lessening competition; and 32 Paragraphs 44ZZRO(1)(c) and (d) of Schedule 1 After "the contract", insert ", arrangement or understanding". 33 Subsections 44ZZRO(1A) to (5) of Schedule 1 Repeal the subsections, substitute: (2) A defendant who wishes to rely on subsection (1) must prove that matter on the balance of probabilities. 34 Subsection 44ZZRP(1) of Schedule 1 Omit "contract containing a cartel provision if", substitute "contract, arrangement or understanding containing a cartel provision if the defendant proves that". 35 Paragraphs 44ZZRP(1)(a) and (b) of Schedule 1 Repeal the paragraphs, substitute: (a) the cartel provision is: (i) for the purposes of a joint venture; and (ii) reasonably necessary for undertaking the joint venture; and (b) the joint venture is for any one or more of the following: (i) production of goods; (ii) supply of goods or services; (iii) acquisition of goods or services; and (ba) the joint venture is not carried on for the purpose of substantially lessening competition; and 36 Paragraphs 44ZZRP(1)(c) and (d) of Schedule 1 After "the contract", insert ", arrangement or understanding". 37 Subsections 44ZZRP(1A) to (2) of Schedule 1 Repeal the subsections, substitute: (2) A defendant who wishes to rely on subsection (1) must prove that matter on the balance of probabilities. Part 2—Renumbering Division 1 of Part IV and Schedule 1 Competition and Consumer Act 2010 38 Renumbering Division 1 of Part IV of the Competition and Consumer Act 2010 (1) In this item: Division 1 means Division 1 of Part IV of the Competition and Consumer Act 2010. (2) The sections of Division 1 are renumbered in a single series so that each section referred to in column 1 of an item in the following table has the number stated in column 2 of that item: Renumbering Division 1 of Part IV Item Column 1 Column 2 Current section number New section number 1 44ZZRA 45AA 2 44ZZRB 45AB 3 44ZZRC 45AC 4 44ZZRD 45AD 5 44ZZRE 45AE 6 44ZZRF 45AF 7 44ZZRG 45AG 8 44ZZRH 45AH 9 44ZZRI 45AI 10 44ZZRJ 45AJ 11 44ZZRK 45AK 12 44ZZRL 45AL 13 44ZZRM 45AM 14 44ZZRN 45AN 15 44ZZRO 45AO 16 44ZZRP 45AP 17 44ZZRR 45AQ 18 44ZZRS 45AR 19 44ZZRT 45AS 20 44ZZRU 45AT 21 44ZZRV 45AU (3) The subsections of each section of Division 1 that has more than one subsection are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with "(1)". (4) The paragraphs of each section or subsection, or of each definition, of Division 1 are relettered so that they bear lower‑case letters in alphabetical order enclosed in parentheses starting with "(a)". (5) The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, of Division 1 are renumbered so that they bear consecutive lower‑case Roman numerals enclosed in parentheses starting with "(i)". (6) Subject to subitem (7), each provision of the Competition and Consumer Act 2010 that refers to a provision that has been renumbered or relettered under this item is amended by omitting the reference and substituting a reference to the last‑mentioned provision as renumbered or relettered. (7) Subitem (6) does not apply to a reference that is expressed as a reference to a provision as in force at a time that is before the commencement of this item. 39 Renumbering Division 1 of Part 1 of Schedule 1 to the Competition and Consumer Act 2010 (1) In this item: Division 1 means Division 1 of Part 1 of Schedule 1 to the Competition and Consumer Act 2010. (2) The sections of Division 1 are renumbered in a single series so that each section referred to in column 1 of an item in the following table has the number stated in column 2 of that item: Renumbering Division 1 of Part 1 of Schedule 1 Item Column 1 Column 2 Current section number New section number 1 44ZZRA 45AA 2 44ZZRB 45AB 3 44ZZRC 45AC 4 44ZZRD 45AD 5 44ZZRE 45AE 6 44ZZRF 45AF 7 44ZZRG 45AG 8 44ZZRH 45AH 9 44ZZRI 45AI 10 44ZZRJ 45AJ 11 44ZZRK 45AK 12 44ZZRL 45AL 13 44ZZRM 45AM 14 44ZZRN 45AN 15 44ZZRO 45AO 16 44ZZRP 45AP 17 44ZZRR 45AQ 18 44ZZRS 45AR 19 44ZZRT 45AS 20 44ZZRU 45AT 21 44ZZRV 45AU (3) The subsections of each section in Division 1 that has more than one subsection are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with "(1)". (4) The paragraphs of each section or subsection, or of each definition, in Division 1 are relettered so that they bear lower‑case letters in alphabetical order enclosed in parentheses starting with "(a)". (5) The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, in Division 1 are renumbered so that they bear consecutive lower‑case Roman numerals enclosed in parentheses starting with "(i)". (6) Subject to subitem (7), each provision of the Competition and Consumer Act 2010 that refers to a provision that has been renumbered or relettered under this item is amended by omitting the reference and substituting a reference to the last‑mentioned provision as renumbered or relettered. (7) Subitem (6) does not apply to a reference that is expressed as a reference to a provision as in force at a time that is before the commencement of this item. 40 References in other Acts, instruments or documents to renumbered provisions (1) Subject to subitem (2), after the commencement of this item, a reference in an Act (other than the Competition and Consumer Act 2010) enacted before that commencement (whether or not the provision containing that reference has come into operation), or in an instrument or document, to a provision of the Competition and Consumer Act 2010 that has been renumbered or relettered under item 38 or 39 is to be construed as a reference to that provision as so renumbered or relettered. (2) Subitem (1) does not apply to a reference that is expressed as a reference to a provision as in force at a time that is before the commencement of this item. Schedule 3—Price signalling and concerted practices Part 1—Main amendments Competition and Consumer Act 2010 1 Division 1A of Part IV Repeal the Division. 2 Subsections 45(1) to (3) Repeal the subsections, substitute: (1) A corporation must not: (a) make a contract or arrangement, or arrive at an understanding, if a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition; or (b) give effect to a provision of a contract, arrangement or understanding, if that provision has the purpose, or has or is likely to have the effect, of substantially lessening competition; or (c) engage with one or more persons in a concerted practice that has the purpose, or has or is likely to have the effect, of substantially lessening competition. (2) Paragraph (1)(b) applies in relation to contracts or arrangements made, or understandings arrived at, before or after the commencement of this section. (3) For the purposes of this section, competition means: (a) in relation to a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding—competition in any market in which: (i) a corporation that is a party to the contract, arrangement or understanding, or would be a party to the proposed contract, arrangement or understanding; or (ii) any body corporate related to such a corporation; supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the provision, supply or acquire, or be likely to supply or acquire, goods or services; or (b) in relation to a concerted practice—competition in any market in which: (i) a corporation that is a party to the practice; or (ii) any body corporate related to such a corporation; supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the practice, supply or acquire, or be likely to supply or acquire, goods or services. 3 After subsection 45(5) Insert: (5A) The making of a contract, arrangement or understanding does not constitute a contravention of this section because the contract, arrangement or understanding contains a provision the giving effect to which would, or would apart from subsection 47(10) or section 88 or 93, constitute a contravention of section 47. 4 Subsection 45(6) Omit all the words from and including "(6) The" to and including "by way of:", substitute: (6) This section does not apply to or in relation to the giving effect to a provision of a contract, arrangement or understanding, or to or in relation to engaging in a concerted practice, by way of: 5 Subsections 45(7) and (8) Repeal the subsections, substitute: (7) This section does not apply to or in relation to: (a) a contract, arrangement or understanding to the extent that the contract, arrangement or understanding directly or indirectly provides for; or (b) a proposed contract, arrangement or understanding to the extent that the proposed contract, arrangement or understanding would directly or indirectly provide for; or (c) a concerted practice to the extent that the practice directly involves; the acquisition of any shares in the capital of a body corporate or any assets of a person. (8) This section does not apply to or in relation to: (a) a contract, arrangement or understanding, or (b) a proposed contract, arrangement or understanding; or (c) a concerted practice; the only parties to which are or would be bodies corporate that are related to each other. (8AA) This section does not apply to or in relation to a concerted practice if the only persons engaging in it are or would be: (a) the Crown in right of the Commonwealth and one or more authorities of the Commonwealth; or (b) the Crown in right of a State or Territory and one or more authorities of that State or Territory. 6 Division 1A of Part 1 of Schedule 1 Repeal the Division. 7 Subsections 45(1) to (3) of Schedule 1 Repeal the subsections, substitute: (1) A person must not: (a) make a contract or arrangement, or arrive at an understanding, if a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition; or (b) give effect to a provision of a contract, arrangement or understanding, if that provision has the purpose, or has or is likely to have the effect, of substantially lessening competition; or (c) engage with one or more other persons in a concerted practice that has the purpose, or has or is likely to have the effect, of substantially lessening competition. (2) Paragraph (1)(b) applies in relation to contracts or arrangements made, or understandings arrived at, before or after the commencement of this section. (3) For the purposes of this section, competition means: (a) in relation to a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding—competition in any market in which: (i) a person who is a party to the contract, arrangement or understanding, or would be a party to the proposed contract, arrangement or understanding; or (ii) any body corporate related to such a person; supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the provision, supply or acquire, or be likely to supply or acquire, goods or services; or (b) in relation to a concerted practice—competition in any market in which: (i) a person who is a party to the practice; or (ii) any body corporate related to such a person; supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the practice, supply or acquire, or be likely to supply or acquire, goods or services. 8 After subsection 45(5) of Schedule 1 Insert: (5A) The making of a contract, arrangement or understanding does not constitute a contravention of this section because the contract, arrangement or understanding contains a provision the giving effect to which would, or would apart from subsection 47(10) or section 88 or 93, constitute a contravention of section 47. 9 Subsection 45(6) of Schedule 1 Omit all the words from and including "(6) The" to and including "by way of:", substitute: (6) This section does not apply to or in relation to the giving effect to a provision of a contract, arrangement or understanding, or to or in relation to engaging in a concerted practice, by way of: 10 Subsections 45(7) and (8) of Schedule 1 Repeal the subsections, substitute: (7) This section does not apply to or in relation to: (a) a contract, arrangement or understanding to the extent that the contract, arrangement or understanding directly or indirectly provides for; or (b) a proposed contract, arrangement or understanding to the extent that the proposed contract, arrangement or understanding would directly or indirectly provide for; or (c) a concerted practice to the extent that the practice directly or indirectly involves; the acquisition of any shares in the capital of a body corporate or any assets of a person. (8) This section does not apply to or in relation to: (a) a contract, arrangement or understanding, or (b) a proposed contract, arrangement or understanding; or (c) a concerted practice; the only parties to which are or would be bodies corporate that are related to each other. (8AA) This section does not apply to or in relation to a concerted practice if the only persons engaging in it are or would be: (a) the Crown in right of the Commonwealth and one or more authorities of the Commonwealth; or (b) the Crown in right of a State or Territory and one or more authorities of that State or Territory. Part 2—Other amendments Competition and Consumer Act 2010 11 Paragraphs 4(2)(a) and (b) Omit "the requiring of the giving of, or the giving of, a covenant", substitute "the engaging in of a concerted practice". 12 Subparagraph 6(2)(b)(i) Omit "and 44ZZRK, Division 1A of Part IV, and sections", substitute ", 44ZZRK,". 13 Paragraph 6(2)(d) Omit "subsection 45(1) and subparagraph 87(3)(a)(i)", substitute "paragraph 87(3)(a)". 14 Subsection 45(8A) Omit "Subsection (2)", substitute "Subsection (1)". 15 Subsection 45(9) Omit "subsection (2)" (wherever occurring), substitute "subsection (1)". 16 Paragraph 51(2)(a) Repeal the paragraph, substitute: (a) to any act done, or concerted practice, to the extent that it relates to the remuneration, conditions of employment, hours of work or working conditions of employees; or (aa) to: (i) the making of a contract or arrangement, or the entering into of an understanding; or (ii) any provision of a contract, arrangement or understanding; to the extent that the contract, arrangement, understanding or provision relates to the remuneration, conditions of employment, hours of work or working conditions of employees; or 17 At the end of paragraph 51(2)(b) Add "or". 18 Paragraphs 51(2)(c) and (d) Repeal the paragraphs, substitute: (c) to: (i) any provision of a contract, arrangement or understanding; or (ii) any concerted practice; to the extent that the provision or concerted practice obliges a person to comply with or apply standards of dimension, design, quality or performance prepared or approved by Standards Australia or a prescribed association or body; or (d) to: (i) any provision of a contract, arrangement or understanding; or (ii) any concerted practice; between partners none of whom is a body corporate, to the extent that the provision or concerted practice relates to: (iii) the terms of the partnership; or (iv) the conduct of the partnership business; or (v) competition between the partnership and a party to the contract, arrangement, understanding or concerted practice, while the party is, or after the party ceases to be, a partner; or 19 Paragraph 51(2)(g) Repeal the paragraph, substitute: (g) to: (i) any provision of a contract, arrangement or understanding; or (ii) any concerted practice; to the extent that the provision or concerted practice relates exclusively to: (iii) the export of goods from Australia; or (iv) the supply of services outside Australia; if full and accurate particulars of the provision or concerted practice were given to the Commission no more than 14 days after the day the contract or arrangement was made or the understanding or concerted practice was entered into, or before 8 September 1976, whichever was the later. 20 After subsection 51(2) Insert: (2AA) For the purposes of paragraph (2)(g), the particulars to be given to the Commission: (a) need not include particulars of prices for the goods or services; but (b) must include particulars of any method of fixing, controlling or maintaining such prices. 21 Subsection 51(4) Repeal the subsection. 22 Paragraph 84(1)(b) Omit "or 44ZZRK, Division 1A of Part IV, section 46 or 46A", substitute ", 44ZZRK, 46 or 46A,". 23 Paragraph 84(3)(b) Omit "Division 1A of Part IV,". 24 Paragraph 93AB(1)(a) Omit "paragraph 45(2)(a)", substitute "paragraph 45(1)(a)". 25 Paragraph 93AB(1)(b) Omit "paragraph 45(2)(b)", substitute "paragraph 45(1)(b)". 26 Subsection 93AC(2) Omit "subparagraph 45(2)(a)(ii) or (b)(ii)", substitute "paragraph 45(1)(a) or (b)". 27 Subsection 166(1) Omit "particulars of, or of a provision of, a contract, arrangement or understanding", substitute "particulars of a provision of a contract, arrangement or understanding, or particulars of a concerted practice,". 28 Subsection 166(1) Omit "contract or to the arrangement or understanding", substitute "contract, arrangement, understanding or concerted practice". 29 Subsection 166(3) Omit "of, or of a provision of, a contract, arrangement or understanding". 30 Subsection 45(8A) of Schedule 1 Omit "Subsection (2)", substitute "Subsection (1)". 31 Subsection 45(9) of Schedule 1 Omit "subsection (2)" (wherever occurring), substitute "subsection (1)". 32 Paragraph 51(2)(a) of Schedule 1 Repeal the paragraph, substitute: (a) to any act done, or concerted practice, to the extent that it relates to the remuneration, conditions of employment, hours of work or working conditions of employees; or (aa) to: (i) the making of a contract or arrangement, or the entering into of an understanding; or (ii) any provision of a contract, arrangement or understanding; to the extent that the contract, arrangement, understanding or provision relates to the remuneration, conditions of employment, hours of work or working conditions of employees; or 33 At the end of paragraph 51(2)(b) of Schedule 1 Add "or". 34 Paragraphs 51(2)(c) and (d) of Schedule 1 Repeal the paragraphs, substitute: (c) to: (i) any provision of a contract, arrangement or understanding; or (ii) any concerted practice; to the extent that the provision or concerted practice obliges a person to comply with or apply standards of dimension, design, quality or performance prepared or approved by Standards Australia or a prescribed association or body; or (d) to: (i) any provision of a contract, arrangement or understanding; or (ii) any concerted practice; between partners none of whom is a body corporate, to the extent that the provision or concerted practice relates to: (iii) the terms of the partnership; or (iv) the conduct of the partnership business; or (v) competition between the partnership and a party to the contract, arrangement, understanding or concerted practice, while the party is, or after the party ceases to be, a partner; or 35 Paragraph 51(2)(g) of Schedule 1 Repeal the paragraph, substitute: (g) to: (i) any provision of a contract, arrangement or understanding; or (ii) any concerted practice; to the extent that the provision or concerted practice relates exclusively to: (iii) the export of goods from Australia; or (iv) the supply of services outside Australia; if full and accurate particulars of the provision or concerted practice were given to the Commission no more than 14 days after the day the contract or arrangement was made or the understanding or concerted practice was entered into, or before 8 September 1976, whichever was the later. 36 After subsection 51(2) of Schedule 1 Insert: (2AA) For the purposes of paragraph (2)(g), the particulars to be given to the Commission: (a) need not include particulars of prices for the goods or services; but (b) must include particulars of any method of fixing, controlling or maintaining such prices. 37 Subsection 51(4) of Schedule 1 Repeal the subsection. Schedule 4—Exclusionary provisions Competition and Consumer Act 2010 1 Section 4D Repeal the section. 2 Section 76C Repeal the section. 3 Subsection 93AC(1) Repeal the subsection, substitute: Commission's objection notice—cartel provisions (1) If: (a) a corporation gives the Commission a collective bargaining notice under subsection 93AB(1A) in relation to a contract, or proposed contract, containing a cartel provision of the kind referred to in that subsection; and (b) the Commission is satisfied that any benefit to the public that has resulted or is likely to result or would result or be likely to result from the provision does not or would not outweigh the detriment to the public that has resulted or is likely to result or would result or be likely to result from the provision; the Commission may give the corporation a written notice (the objection notice) stating that it is so satisfied. 4 Paragraph 10.08(1)(a) Repeal the paragraph. 5 Subsection 10.08(1) Omit ", (a)". Schedule 5—Covenants affecting competition Competition and Consumer Act 2010 1 Subsection 4(1) Insert: contract includes a covenant. party, to a contract that is a covenant, includes a person bound by, or entitled to the benefit of, the covenant. 2 Subsection 4(3) Omit ", or to render a covenant,". 3 Subsection 4(3) Omit "or the covenant" (wherever occurring). 4 Paragraph 4F(1)(a) Omit ", or a covenant or a proposed covenant,". 5 Subparagraph 4F(1)(a)(i) Omit ", or the covenant was required to be given or the proposed covenant is to be required to be given, as the case may be,". 6 Subparagraph 6(2)(b)(i) Omit "45B,". 7 Paragraph 6(2)(e) Repeal the paragraph. 8 Section 44ZZRQ Repeal the section. 9 Subsection 45(5) Repeal the subsection, substitute: (5) This section does not apply to or in relation to a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, or to or in relation to a concerted practice, in so far as the provision or practice relates to: (a) conduct that contravenes section 48; or (b) conduct that would contravene section 48 if subsection 48(2) did not apply; or (c) conduct that would contravene section 48 if it were not authorised under section 88; or (d) conduct that would contravene section 48 if this Act defined the acts constituting the practice of resale price maintenance by reference to the maximum price at which goods or services are to be sold or supplied or are to be advertised, displayed or offered for sale or supply. 10 Sections 45B and 45C Repeal the sections. 11 Subsection 46A(6) Omit "45B,". 12 Paragraph 87(3)(a) Repeal the paragraph, substitute: (a) a provision of a contract made, whether before or after the commencement of the Trade Practices Amendment Act 1977, is unenforceable because of section 45 in so far as it confers rights or benefits or imposes duties or obligations on a corporation; or 13 Subsection 87(3) Omit "or of a person who would, but for subsection 45B(1), be bound by, or entitled to the benefit of, the covenant, as the case may be". 14 Paragraph 87(3)(c) Omit "or covenant" (wherever occurring). 15 Paragraph 87(3)(d) Omit ", or another person who would, but for subsection 45B(1), be bound by, or entitled to the benefit of, the covenant,". 16 Paragraph 87(3)(d) Omit "or person". 17 Subsection 87(5) Omit "or covenant" (wherever occurring). 18 Section 44ZZRQ of Schedule 1 Repeal the section. 19 Subsection 45(5) of Schedule 1 Repeal the subsection, substitute: (5) This section does not apply to or in relation to a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, or to or in relation to a concerted practice, in so far as the provision or practice relates to: (a) conduct that contravenes section 48; or (b) conduct that would contravene section 48 if subsection 48(2) did not apply; or (c) conduct that would contravene section 48 if it were not authorised under section 88; or (d) conduct that would contravene section 48 if this Act defined the acts constituting the practice of resale price maintenance by reference to the maximum price at which goods or services are to be sold or supplied or are to be advertised, displayed or offered for sale or supply. 20 Sections 45B and 45C of Schedule 1 Repeal the sections. Schedule 7—Third line forcing Competition and Consumer Act 2010 1 Subsection 47(10) Omit "constituted by a corporation engaging in conduct of a kind referred to in subsection (2), (3), (4) or (5) or paragraph (8)(a) or (b) or (9)(a), (b) or (c)", substitute "by a corporation". 2 Paragraph 47(10)(a) Omit "that conduct", substitute "the conduct that constitutes the practice of exclusive dealing". 3 Paragraph 47(10)(b) Omit "that conduct", substitute "the conduct that constitutes the practice of exclusive dealing". 4 Subsection 47(10A) Repeal the subsection. 5 Subsection 47(10) of Schedule 1 Omit "constituted by a person engaging in conduct of a kind referred to in subsection (2), (3), (4) or (5) or paragraph (8)(a) or (b) or (9)(a), (b) or (c)", substitute "by a person". 6 Paragraph 47(10)(a) of Schedule 1 Omit "that conduct", substitute "the conduct that constitutes the practice of exclusive dealing". 7 Paragraph 47(10)(b) of Schedule 1 Omit "that conduct", substitute "the conduct that constitutes the practice of exclusive dealing". 8 Subsection 47(10A) of Schedule 1 Repeal the subsection. Schedule 8—Resale price maintenance Competition and Consumer Act 2010 1 Section 48 Before "A corporation", insert "(1)". 2 At the end of section 48 Add: (2) Subsection (1) does not apply to a corporation or other person engaging in conduct that constitutes the practice of resale price maintenance if: (a) the corporation or other person has given the Commission a notice under subsection 93(1) describing the conduct; and (b) the notice is in force under section 93. 3 Subdivision A of Division 2 of Part VII (heading) Repeal the heading, substitute: Subdivision A—Exclusive dealing and resale price maintenance 4 Section 93 (heading) Repeal the heading, substitute: 93 Notification of exclusive dealing or resale price maintenance 5 Subsection 93(1) Repeal the subsection, substitute: (1) Subject to subsection (2): (a) a corporation that engages, or proposes to engage, in conduct of a kind referred to in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9); or (b) a corporation or other person who engages, or proposes to engage, in conduct of a kind referred to in section 48; may give to the Commission a notice setting out particulars of the conduct or proposed conduct. 6 Subsection 93(2) Omit "may not give a notice", substitute "or other person may not give a notice under subsection (1)". 7 Paragraph 93(2)(a) After "corporation", insert "or other person". 8 Paragraph 93(3A)(a) After "corporation", insert "or other person". 9 Paragraph 93(3A)(a) Omit "section 44ZZW, subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d)", substitute "section 48". 10 Subsection 93(3A) After "the corporation", insert "or other person". 11 Subsections 93(5) and (6) After "corporation" (wherever occurring), insert "or other person". 12 Subsection 93(7) After "subsection (1)", insert "describing conduct or proposed conduct referred to in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9)". 13 Subsection 93(7A) Repeal the subsection, substitute: (7A) A notice under subsection (1) describing conduct or proposed conduct referred to in section 48 comes into force: (a) at the end of the period of 60 days, or such other period as is prescribed by the regulations, starting on the day when the corporation or other person gave the Commission the notice; or (b) if the Commission gives notice to the corporation or other person under subsection 93A(2) during that period—when the Commission decides not to give the corporation or other person a notice under subsection (3A) of this section. 14 Subsection 93(7B) Omit "section 44ZZW, subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d)", substitute "section 48". 15 Subparagraphs 93(7B)(b)(i) and (ii) After "corporation", insert "or other person". 16 Subsection 93(7C) Omit "section 44ZZW, subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d)", substitute "section 48". 17 Paragraph 93(7C)(b) After "corporation", insert "or other person". 18 Paragraphs 93(8)(a) and (b) After "corporation", insert "or other person". 19 Subsection 93(10) After "corporation" (wherever occurring), insert "or other person". 20 Subsection 93A(2) Omit "to the conduct or proposed conduct of which", substitute "or other person to whose conduct or proposed conduct". 21 At the end of section 96 Add: (8) Subsection (1) does not apply with respect to any act referred to in a paragraph of subsection (3) if the supplier and the second person referred to in that paragraph are bodies corporate that are related to each other. 22 Section 48 of Schedule 1 Before "A person", insert "(1)". 23 At the end of section 48 of Schedule 1 Add: (2) Subsection (1) does not apply to a person engaging in conduct that constitutes the practice of resale price maintenance if: (a) the person has given the Commission a notice under subsection 93(1) describing the conduct; and (b) the notice is in force under section 93. Schedule 9—Authorisations, notifications and class exemptions Part 1—Main amendments Competition and Consumer Act 2010 1 Section 88 Repeal the section, substitute: 88 Commission may grant authorisations Granting an authorisation (1) Subject to this Part, the Commission may, on an application by a person, grant an authorisation to a person to engage in conduct, specified in the authorisation, to which one or more provisions of Part IV specified in the authorisation would or might apply. Note: For an extended meaning of engaging in conduct, see subsection 4(2). Effect of an authorisation (2) While the authorisation remains in force, the provisions of Part IV specified in the authorisation do not apply in relation to the conduct to the extent that it is engaged in by: (a) the applicant; and (b) any other person named or referred to in the application as a person who is engaged in, or who is proposed to be engaged in, the conduct; and (c) any particular persons or classes of persons, as specified in the authorisation, who become engaged in the conduct. Conditions (3) The Commission may specify conditions in the authorisation. Subsection (2) does not apply if any of the conditions are not complied with. (4) Without limiting subsection (3), the Commission may grant a merger authorisation on the condition that a person must give, and comply with, an undertaking to the Commission under section 87B. Single authorisation may deal with several types of conduct (5) The Commission may grant a single authorisation for all the conduct specified in an application for authorisation, or may grant separate authorisations for any of the conduct. Past conduct (6) The Commission does not have power to grant an authorisation for conduct engaged in before the Commission decides the application for the authorisation. Withdrawing an application (7) An applicant for an authorisation may at any time, by writing to the Commission, withdraw the application. 2 Subsection 90(2) Repeal the subsection. 3 Subsections 90(5A) to (9) Repeal the subsections, substitute: (6) Before making a determination in respect of an application for an authorisation, the Commission may do any one or more of the following: (a) give any persons who appear to the Commission to be interested a written notice inviting submissions in respect of the application within a specified period; (b) give the applicant a written notice requesting the applicant to give the Commission, within a specified period, additional information relevant to making its determination in respect of the application; (c) give a person a written notice requesting the person to give the Commission, within a specified period, particular information relevant to making its determination in respect of the application; (d) consult with such persons as it considers reasonable and appropriate for the purposes of making its determination in respect of the application. (6A) In making a determination in respect of an application for an authorisation, the Commission must take into account: (a) any submissions or information received under paragraph (6)(a), (b) or (c) within the period specified in the notice mentioned in that paragraph; and (b) any information obtained from consultations under paragraph (6)(d)). The Commission may, but need not, take into account any submissions or information received after the end of those periods. Note: Unless the application is for a merger authorisation, the Commission may instead rely on consultations undertaken by the AEMC: see section 90B. (7) The Commission must not make a determination granting an authorisation under section 88 in relation to conduct unless the Commission is satisfied in all the circumstances: (a) that the conduct would not have the effect, or would not be likely to have the effect, of substantially lessening competition; or (b) that: (i) the conduct would result, or be likely to result, in a benefit to the public; and (ii) the benefit would outweigh the detriment to the public that would result, or be likely to result, from the conduct. (8) Paragraph (7)(a) does not apply to the extent that any of the following provisions would (apart from an authorisation under section 88) apply to the conduct: (a) one or more provisions of Division 1 of Part IV (cartel conduct); (b) one or more of sections 45D to 45DB (secondary boycotts); (c) section 48 (resale price maintenance). 4 Subsection 90(9A) Omit "In determining what amounts to a benefit to the public for the purposes of subsections (8A), (8B) and (9)", substitute "In relation to the Commission's consideration of an application for an authorisation to engage in conduct to which section 49 would or might apply or for a merger authorisation, in determining what amounts to a benefit to the public for the purposes of paragraph (7)(b)". 5 Subsection 93(3) Repeal the subsection, substitute: (3) If the Commission is satisfied that the engaging by a corporation in conduct or proposed conduct of a kind described in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9) and referred to in a notice given by the corporation under subsection (1): (a) has or would have the purpose or has or is likely to have, or would have or be likely to have, the effect of substantially lessening competition within the meaning of section 47; and (b) in all the circumstances: (i) has not resulted or is not likely to result, or would not result or be likely to result, in a benefit to the public; or (ii) has resulted or is likely to result, or would result or be likely to result, in a benefit to the public that has not or would not outweigh the detriment to the public that has resulted or is likely to result from the conduct or would result or be likely to result from the proposed conduct; the Commission may at any time give notice in writing to the corporation stating that the Commission is so satisfied and accompanied by a statement setting out its reasons for being so satisfied. 6 Subsection 93(3B) Repeal the subsection, substitute: (3B) If: (a) a corporation or other person has notified the Commission under subsection (1) of conduct or proposed conduct; and (b) the Commission has given the corporation or other person a notice under subsection 93AAA(1) imposing conditions relating to the conduct or proposed conduct; and (c) the Commission is satisfied that the corporation or other person has failed to comply with those conditions; the Commission may at any time give notice in writing to the corporation or other person stating that the Commission is so satisfied and accompanied by a statement setting out its reasons for being so satisfied. 7 At the end of Subdivision A of Division 2 of Part VII Add: 93AAA Imposing conditions relating to notifications (1) If: (a) a corporation or other person gives the Commission a notice under subsection 93(1) relating to particular conduct, or proposed conduct, of a kind referred to in section 48; and (b) the Commission reasonably believes that: (i) apart from this section, the Commission would have grounds to give the corporation or other person a notice under subsection 93(3A) relating to that notice; and (ii) those grounds would not exist if particular conditions relating to the conduct or proposed conduct were complied with; the Commission may give the corporation or other person a written notice imposing those conditions. (2) The Commission must, at the time it gives the corporation or other person the notice under subsection (1), give the corporation or other person a written statement of its reasons for giving the notice. 8 Subsection 93AB(2) Omit "another person (the target)", substitute "one or more other persons (the target or targets)". 9 Subsection 93AB(3) (heading) Repeal the heading, substitute: Second—making of contracts 10 Subsection 93AB(3) After "the target" (first occurring), insert ", or with one or more of those targets,". 11 Subsection 93AB(3) Omit "the target" (last occurring), substitute "that target or those targets". 12 Subsection 93AB(4) (heading) Repeal the heading, substitute: Third—price of contracts 13 Paragraphs 93AB(4)(a) and (b) After "the target", insert "or targets". 14 After subsection 93AB(7) Insert: (7A) A collective bargaining notice for a group of contracting parties may be expressed to be given on behalf of persons who become members of the group after the notice is given, but only if those persons could have given the notice on their own behalf at the time they became members of the group. If the notice is so expressed, then it is also taken to have been given by those persons. 15 After subsection 93AC(2) Insert: Commission's objection notice—non‑compliance with conditions (2A) If: (a) a corporation gives the Commission a collective bargaining notice that relates (wholly or partly) to collective boycott conduct or proposed collective boycott conduct; and (b) the Commission has given the corporation a notice under subsection 93ACA(1) imposing conditions relating to the conduct or proposed conduct; and (c) the Commission is satisfied that the corporation has failed to comply with those conditions; the Commission may give the corporation a written notice (the objection notice) stating that the Commission is so satisfied. 16 After section 93AC Insert: 93ACA Imposing conditions relating to collective boycott conduct (1) If: (a) a corporation gives the Commission a collective bargaining notice that relates (wholly or partly) to collective boycott conduct or proposed collective boycott conduct; and (b) the Commission reasonably believes that: (i) apart from this section, the Commission would have grounds to give the corporation an objection notice relating to the collective bargaining notice; and (ii) those grounds would not exist if particular conditions relating to the conduct or proposed conduct were complied with; the Commission may give the corporation a written notice imposing those conditions. (2) The Commission must, in or with the notice under subsection (1), give the corporation a written statement of its reasons for giving the notice. 17 Paragraph 93AD(1)(a) Repeal the paragraph, substitute: (a) at the end of the period which is: (i) if the notice relates (wholly or partly) to collective boycott conduct or proposed collective boycott conduct—60 days or such other period as is prescribed by the regulations; or (ii) otherwise—14 days or such other period as is prescribed by the regulations; starting on the day the corporation gave the Commission the notice; or 18 Paragraph 93AD(3)(c) Repeal the paragraph, substitute: (c) at the end of: (i) if subparagraph (ii) does not apply—the period of 3 years beginning on the day the corporation gave the collective bargaining notice; or (ii) the period determined under subsection (5). 19 Subsection 93AD(3) (note) Repeal the note, substitute: Note 1: A collective bargaining notice is not in force, to the extent that it relates to collective boycott conduct, while a stop notice is in force in relation to the collective bargaining notice: see section 93AG. Note 2: Section 93AE deals with the withdrawal of a collective bargaining notice. 20 At the end of section 93AD Add: Commission may determine expiry of collective bargaining notice (5) If the Commission is satisfied that: (a) the period provided for in subparagraph (3)(c)(i) is not appropriate in all the circumstances; and (b) another period, ending no later than the end of the period of 10 years beginning on the day the corporation gave the collective bargaining notice, is appropriate in all the circumstances; the Commission may give to the corporation a written notice determining that other period for the purposes of subparagraph (3)(c)(ii). (6) The Commission must, in or with the notice under subsection (5), give the corporation a written statement of its reasons for giving the notice. 21 At the end of Subdivision B of Division 2 of Part VII Add: 93AG Stop notice for collective boycott conduct (1) The Commission may give a corporation a written notice (a stop notice) if: (a) the corporation has given the Commission a collective bargaining notice that relates (wholly or partly) to collective boycott conduct; and (b) the collective bargaining notice is in force under section 93AD; and (c) there has been a material change of circumstances since: (i) if the Commission has previously given the corporation notice under this subsection in relation to the collective boycott conduct—that notice was given; or (ii) in any other case—the collective bargaining notice came into force; and (d) the Commission reasonably believes that: (i) the collective boycott conduct has resulted in serious detriment to the public; or (ii) serious detriment to the public is imminent as a result of the collective boycott conduct. (2) The Commission must, in or with the stop notice, give the corporation a written statement of its reasons for giving the stop notice. (3) While the stop notice is in force, the collective bargaining notice is taken, for the purposes of this Act, not to be in force under section 93AD to the extent that the collective bargaining notice relates to collective boycott conduct. (4) The stop notice comes into force at the time the Commission gives the corporation the stop notice. (5) The stop notice ceases to be in force at the earliest of the following times: (a) at the end of the period provided under subsection (6); (b) if, before the end of that period, the Commission gives the corporation an objection notice under subsection 93AC(1) or (2) that relates to the collective bargaining notice—when that objection notice is given; (c) if, before the end of that period, the Commission gives the corporation a notice under subsection 93ACA(1) imposing conditions relating to conduct or proposed conduct that relates to the collective bargaining notice—when that notice under subsection 93ACA(1) is given; (d) if the Commission withdraws the stop notice—when it is withdrawn. (6) For the purposes of paragraph (5)(a), the period is: (a) the period of 90 days beginning on the day the Commission gives the corporation the stop notice; or (b) if the Commission extends it under subsection (7)—that period as so extended. (7) Before the end of the period referred to in paragraph (6)(a), the Commission may extend the period by up to a further 90 days: (a) if satisfied that in all the circumstances it is reasonable to do so; and (b) by giving written notice of the extended period to the corporation. (8) The Commission must, in or with the notice under subsection (7), give the corporation a written statement of its reasons for giving the notice. 22 Division 3 of Part VII Repeal the Division, substitute: Division 3—Class exemptions 95AA Commission may determine class exemptions (1) The Commission may, by legislative instrument, determine that one or more specified provisions of Part IV do not apply to a kind of conduct specified in the determination, if the Commission is satisfied in all the circumstances: (a) that conduct of that kind would not have the effect, or would not be likely to have the effect, of substantially lessening competition; or (b) that conduct of that kind would result, or would be likely to result, in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result, from conduct of that kind. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (2) The Commission may specify in the determination any one or more of the following limitations: (a) a limitation to persons of a specified kind; (b) a limitation to circumstances of a specified kind; (c) a limitation to conduct that complies with specified conditions. (3) The determination must specify the period, ending no later than the end of the period of 10 years beginning on the day it is made, for which it