Commonwealth Consolidated Acts

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Conduct notified

  (1)   Sections   45AF, 45AG, 45AJ and 45AK do not apply to a corporation in relation to a contract, arrangement or understanding containing a cartel provision, in so far as:

  (a)   the cartel provision:

  (i)   has the purpose, or has or is likely to have the effect, mentioned in subsection   45AD(2); or

  (ii)   has the purpose mentioned in a paragraph of subsection   45AD(3) other than paragraph   (c); and

  (b)   the corporation has given the Commission a collective bargaining notice under subsection   93AB(1A) setting out particulars of the contract, arrangement or understanding; and

  (c)   the notice is in force under section   93AD.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1) (see subsection   13.3(3) of the Criminal Code and subsection   (2) of this section).

  (2)   A person who wishes to rely on subsection   (1) in relation to a contravention of section   45AJ or 45AK bears an evidential burden in relation to that matter.

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