Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 28

28. Section 51 of the Principal Act is amended-

   (a)  by inserting in sub-section (2), before the figures ''48'', the
        figures and word ''45D or'';

   (b)  by omitting paragraphs (a) to (d), inclusive, of sub-section (2) and
        substituting the following paragraphs:-

''(a) to any act done in relation to, or to any provision of a contract,
arrangement or understanding to the extent that the provision relates to, the
remuneration, conditions of employment, hours of work or working conditions of
employees;

''(b) to any provision of a contract of service or of a contract for the
provision of services, being a provision under which a person, not being a
body corporate, agrees to accept restrictions as to the work, whether as an
employee or otherwise, in which he may engage during, or after the termination
of, the contract;

''(c) to any provision of a contract, arrangement or understanding, being a
provision obliging a person to comply with or apply standards of dimension,
design, quality or performance prepared or approved by the Standards
Association of Australia or by a prescribed association or body;

''(d) to any provision of a contract, arrangement or understanding between
partners none of whom is a body corporate, being a provision in relation to
the terms of the partnership or the conduct of the partnership business or in
relation to competition between the partnership and a party to the contract,
arrangement or understanding while he is, or after he ceases to be, a
partner;'';

   (c)  by omitting paragraphs (f) and (g) of sub-section (2) and substituting
        the following word and paragraph:-

''; or (g) to any provision of a contract, arrangement or understanding, being
a provision that relates exclusively to the export of goods from Australia or
to the supply of services outside Australia, if full and accurate particulars
of the provision (not including particulars of prices for goods or services
but including particulars of any method of fixing, controlling or maintaining
such prices) were furnished to the Commission before the expiration of 14 days
after the date on which the contract or arrangement was made or the
understanding was arrived at, or before 8 September 1976, whichever was the
later.''; and

   (d)  by omitting sub-sections (3) and (4) and substituting the following
        sub-sections:-

''(2A) In determining whether a contravention of a provision of this Part
other than section 48 has been committed, regard shall not be had to any acts
done, otherwise than in the course of trade or commerce, in concert by
ultimate users or consumers of goods or services against the suppliers of
those goods or services.

''(3) A contravention of a provision of this Part other than section 46 or 48
shall not be taken to have been committed by reason of-

   (a)  the imposing of, or giving effect to, a condition of-

        (i)    a licence granted by the proprietor, licensee or owner of a
               patent, of a registered design or of a copyright or by a person
               who has applied for a patent or for the registration of a
               design; or

        (ii)   an assignment of a patent, of a registered design or of a
               copyright or of the right to apply for a patent or for the
               registration of a design,

to the extent that the condition relates to-

        (iii)  the invention to which the patent or application for a patent
               relates to articles made by the use of that invention;

        (iv)   goods in respect of which the design is, or is proposed to be,
               registered and to which it is applied; or

        (v)    the work or other subject matter in which the copyright
               subsists;

   (b)  the inclusion in a contract, arrangement or understanding authorizing
        the use of a certification trade mark of a provision in accordance
        with rules applicable under Part XI of the Trade Marks Act 1955, or
        the giving effect to such a provision; or

   (c)  the inclusion in a contract, arrangement or understanding between-

        (i)    the registered proprietor of a trade mark other than a
               certification trade mark; and

        (ii)   a person registered as a registered user of that trade mark
               under Part IX of the Trade Marks Act 1955 or a person
               authorized by the contract to use the trade mark subject to his
               becoming registered as such a registered user,

of a provision to the extent that it relates to the kinds, qualities or
standards of goods bearing the mark that may be produced or supplied, or the
giving effect to the provision to that extent.

''(4) This section applies in determining whether a provision of a contract is
unenforceable by reason of sub-section 45 (1), or whether a covenant is
unenforceable by reason of sub-section 45B (1), in like manner as it applies
in determining whether a contravention of a provision of this Part has been
committed.''.