Part XIII - Application and transitional provisions relating to the competition provisions
In this Division:
commencement time means the commencement of Division 1 of Part IV.
175 Giving effect after the commencement time to a cartel provision in existence before that time
The following provisions of this Act:
(a) paragraph 88(1A)(b);
(b) paragraph 93AB(1A)(c);
(c) paragraph 93AB(1A)(d);
apply in relation to a contract or arrangement made, or an understanding arrived at, before, at or after the commencement time.
176 Proceedings relating to price‑fixing contraventions taking place before the commencement time
Despite the repeal of section 76D by the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009, that section continues to apply, in relation to proceedings (whether instituted before or after the commencement time) in relation to a contravention that took place before the commencement time, as if that repeal had not happened.
177 Authorisations in force before the commencement time
(1) This section applies if:
(a) an authorisation (the pre‑commencement authorisation) was granted to a person to give effect to a provision of a contract, arrangement or understanding; and
(b) the provision is a cartel provision; and
(c) the authorisation was in force immediately before the commencement time.
(2) This Act has effect, after the commencement time, as if:
(a) the Commission had, at the commencement time, granted to the person an authorisation under subsection 88(1A) to give effect to the cartel provision; and
(b) the day specified in the subsection 88(1A) authorisation as the day the authorisation comes into force were the day on which Division 1 of Part IV commenced; and
(c) if, immediately before the commencement time, the pre‑commencement authorisation was expressed to be in force for a period (the initial period) specified in that authorisation—the subsection 88(1A) authorisation were expressed to be in force for a period specified in the subsection 88(1A) authorisation, and that period were the period:
(i) starting at the commencement time; and
(ii) ending at the end of the initial period; and
(d) any requirements for the granting of the subsection 88(1A) authorisation were satisfied.
(3) Subsection (2) does not prevent the subsection 88(1A) authorisation from being varied, revoked or set aside in accordance with this Act.
178 Notifications in force before the commencement time
(1) This section applies if:
(a) a person gave the Commission a collective bargaining notice under subsection 93AB(1) in relation to a proposal to give effect to a provision of a contract, arrangement or understanding; and
(b) the provision is a cartel provision of the kind referred to in paragraph 93AB(1A)(c) or (d); and
(c) the subsection 93AB(1) notice is in force immediately before the commencement time.
(2) This Act has effect, after the commencement time, as if:
(a) the person had, at the commencement time, given the Commission a collective bargaining notice under subsection 93AB(1A) in relation to a proposal to give effect to the cartel provision; and
(b) despite subsections 93AD(1) and (2), the subsection 93AB(1A) notice had come into force at the commencement time; and
(c) despite paragraph 93AD(3)(c), the period applicable to the subsection 93AB(1A) notice for the purposes of paragraph 93AD(3)(c) were the period:
(i) starting at the commencement time; and
(ii) ending at the end of the period of 3 years starting on the day the person gave the subsection 93AB(1) notice to the Commission; and
(d) any requirements for the giving of the subsection 93AB(1A) notice were satisfied.
(3) Subsection (2) does not prevent the subsection 93AB(1A) notice from ceasing to be in force in accordance with this Act.