Competition and Consumer Act. Australia

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СКАЧАТЬ 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, 46A 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, of a copyright or of EL rights within the meaning of the Circuit Layouts Act 1989, 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, of a copyright or of such EL rights, 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 or 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;

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

      (vi) the eligible layout in which the EL rights subsist;

      (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 or her 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 subsection 45(1), or whether a covenant is unenforceable by reason of subsection 45B(1), in like manner as it applies in determining whether a contravention of a provision of this Part has been committed.

      (5) In the application of subsection (2A) to section 46A, the reference in that subsection to trade or commerce includes trade or commerce within New Zealand.

      51AAA Concurrent operation of State and Territory laws

      It is the Parliament’s intention that a law of a State or Territory should be able to operate concurrently with this Part unless the law is directly inconsistent with this Part.

      Part IVB Industry codes

      Division 1

      Preliminary

      51ACA Definitions

      (1) In this Part:

      applicable industry code, in relation to a corporation that is a participant in an industry, means:

      (a) the prescribed provisions of any mandatory industry code relating to the industry; and

      (b) the prescribed provisions of any voluntary industry code that binds the corporation.

      consumer, in relation to an industry, means a person to whom goods or services are or may be supplied by participants in the industry.

      industry code means a code regulating the conduct of participants in an industry towards other participants in the industry or towards consumers in the industry.

      mandatory industry code means an industry code that is declared by regulations under section 51AE to be mandatory.

      related contravention: a person engages in conduct that constitutes a related contravention of an applicable industry code, if the person:

      (a) aids, abets, counsels or procures a corporation to contravene the applicable industry code; or

      (b) induces, whether by threats or promises or otherwise, a corporation to contravene the applicable industry code; or

      (c) is in any way, directly or indirectly, knowingly concerned in, or party to, a contravention by a corporation of the applicable industry code; or

      (d) conspires with others to effect a contravention by a corporation of the applicable industry code.

      voluntary industry code means an industry code that is declared by regulations under section 51AE to be voluntary.

      (2) For the purposes of this Part, a voluntary industry code binds a person who has agreed, as prescribed, to be bound by the code and who has not subsequently ceased, as prescribed, to be bound by it.

      (3) To avoid doubt, it is declared that:

      (a) franchising is an industry for the purposes of this Part; and

      (b) franchisors and franchisees are participants in the industry of franchising, whether or not they are also participants in another industry.

      Division 2

      Contravention of industry codes

      51AD Contravention of industry codes

      A corporation must not, in trade or commerce, contravene an applicable industry code.

      Division 3

      Public warning notices

      51ADA Commission may issue a public warning notice

      Commission may issue a public warning notice

      (1) The Commission may issue to the public a written notice containing a warning about the conduct of a person if:

      (a) the Commission has reasonable grounds to suspect that the conduct may constitute:

      (i) if the person is a corporation — a contravention of an applicable industry code by the corporation; or

      (ii) in any case — a related contravention of an applicable industry code by the person; and

      (b) the Commission is satisfied that one or more persons has suffered, or is likely to suffer, detriment as a result of the conduct; and

      (c) the Commission is СКАЧАТЬ