Competition and Consumer Act 2010 (Cth)
(1) Sections 44ZZRF and 44ZZRJ do not apply in relation to the making of a contract, arrangement or understanding that contains a cartel provision, in so far as giving effect to the cartel provision would, or would but for the operation of subsection 47(10) or 88(8) or section 93, constitute a contravention of section 47.
Note: A defendant bears an evidential burden in relation to the matter in (1) (see subsection 13.3(3) of the Criminal Code and subsection (3) of this section).
(b) doing an act by reason of a breach or threatened breach of a condition referred to in subsection 47(2), (4), (6) or
(i) an authorisation under subsection 88(8) is in
(ii) by reason of subsection 93(7), conduct engaged in by that person on that condition is not to be taken to have the effect of section 47; or
(iii) a notice under subsection 93(1) is in force in relation to conduct engaged in by that person on that condition.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code and subsection (3) of this section).
Operative: 24 July 2009
The insertion of this provision was part of the package of reforms introducing criminal penalties for cartel conduct. The reforms also created a parallel civil cartel prohibition, replacing the former s 45A which dealt directly with price-fixing.
The reforms were initially recommend by the Dawson Committee as part of its 2002-2003 inquiry into the Competition Law provisions of the Trade Practices Act.
See further information and resources on the cartel page.