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Statute Law (Miscellaneous Provisions) Act 1983

 

Key competition law amendments

Sub-section 80 (1)

Omit the sub-section, substitute the following sub-section:

''(1) Subject to sub-section (1A), where, on the application of the Minister, the Commission or any other person, the Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute-

(a) a contravention of a provision of Part IV or V;

(b) attempting to contravene such a provision;

(c) aiding, abetting, counselling or procuring a person to contravene such a provision;

(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision;

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f) conspiring with others to contravene such a provision, the Court may grant an injunction in such terms as the Court determines to be appropriate.''.

Sub-sections 80 (4) and (5)

Omit the sub-sections, substitute the following sub-sections:

''(4) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised-

(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind;

(b) whether or not the person has previously engaged in conduct of that kind; and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

''(5) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised-

(a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing;

(b) whether or not the person has previously refused or failed to do that act or thing; and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing.''.

Paragraph 80AA (1) (a)

Omit ''restraining a person from engaging in'', substitute ''in respect of''.

Sub-section 80A (1)

Omit ''Where'', substitute ''Without limiting the generality of section 80, where''.

Sub-section 87 (1)

Omit ''Where'', substitute ''Without limiting the generality of section 80, where''.

Sub-section 87 (1A)

Omit ''The'', substitute ''Without limiting the generality of section 80, the''.

Paragraph 163A (1) (a)

After ''Division 2'', insert '', 2A or 3''.