Section 45AS — Competition and Consumer Act 2010 (Cth)

(1) Sections 45AF and 45AJ do not apply in relation to the making of a contract, arrangement or understanding that contains a cartel provision, in so far as:

(a) the contract, arrangement or understanding is a dual listed company arrangement; and

(b) the making of the contract, arrangement or understanding would, or would apart from section 88, contravene section 49.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3) of the Criminal Code and subsection (3) of this section).

(2) Sections 45AG and 45AK do not apply in relation to the giving effect to a cartel provision, in so far as:

(a) the cartel provision is a provision of a dual listed company arrangement; and

(b) the giving effect to the cartel provision would, or would apart from section 88, contravene section 49.

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).

(3) A person who wishes to rely on subsection (1) or (2) in relation to a contravention of section 45AJ or 45AK bears an evidential burden in relation to that matter.

Related sections

• s 45AP — Joint ventures—civil penalty proceedings
• s 45AQ — Resale price maintenance
• s 45AR — Exclusive dealing
• s 45AT — Acquisition of shares or assets
• s 45AU — Collective acquisition of goods or services by the parties to a contract, arrangement or understanding
• s 45AV — Purportedly putting acquisitions into effect

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