Competition and Consumer Act 2010 (Cth)
Section 4F
References to purpose or reason
The provision
(1) For the purposes of this Act:
(a) a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding shall be deemed to have had, or to have, a particular purpose if:
(i) the provision was included in the contract, arrangement or understanding or is to be included in the proposed contract, arrangement or understanding for that purpose or for purposes that included or include that purpose; and
(ii) that purpose was or is a substantial purpose; and
(b) a person shall be deemed to have engaged or to engage in conduct for a particular purpose or a particular reason if:
(i) the person engaged or engages in the conduct for purposes that included or include that purpose or for reasons that included or include that reason, as the case may be; and
(ii) that purpose or reason was or is a substantial purpose or reason.
(2) This section does not apply for the purposes of subsections 45D(1), 45DA(1), 45DB(1), 45E(2) and 45E(3).
Legislative history
Amended by Competition and Consumer Amendment (Competition Policy Reform) Act 2017 (Act 114 of 2017)
4 Paragraph 4F(1)(a)
Omit “, or a covenant or a proposed covenant,”.
5 Subparagraph 4F(1)(a)(i)
Omit “, or the covenant was required to be given or the proposed covenant is to be required to be given, as the case may be,”.
Inserted by Trade Practices Amendment Act 1977 (Act 81 of 1977)
Amended by Workplace Relations and other Legislation Amendment Act 1996 (Act 60 of 1996)
Cases
Commentary
Forthcoming
