Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 100

Evidentiary provisions.
100. (1) Where, in proceedings under this Act by a person (in this section
referred to as "the plaintiff") against another person (in this section
referred to as "the defendant"), it is claimed that the defendant has engaged
in the practice of resale price maintenance and it is established that-

   (a)  the defendant has acted, in relation to the plaintiff, as mentioned in
        paragraph 98 (1) (a), (b), (c) or (d);

   (b)  during a period ending immediately before the time when the defendant
        so acted, the defendant had been supplying goods of the kind withheld
        to the plaintiff or to another person carrying on a business similar
        to that of the plaintiff; and

   (c)  during the period of 6 months immediately before the time when the
        defendant so acted, the defendant became aware of a matter or
        circumstance capable of constituting a reason referred to in paragraph
        96 (3) (d) or (e) for the defendant's so acting, then, subject to
        sub-section (2), it shall be presumed, unless the contrary is
        established, that that matter or circumstance was the reason for the
        defendant's so acting.

(2) Sub-section (1) does not apply where the plaintiff establishes the matter
mentioned in paragraph 98 (1) (b) or (c) but the terms disadvantageous to
the plaintiff, or the less favourable treatment of the plaintiff, consisted
only of a requirement by the defendant as to the time at which, or the form in
which, payment was to be made or as to the giving of security to secure

(3) In the application of this section in proceedings by the Attorney-General
or the Commission for an injunction, references to the plaintiff shall be
construed as references to a person specified in the application for the
injunction as the person in relation to whom the defendant is claimed to have
acted as mentioned in paragraph (1) (a). 

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback