Competition and Consumer Act - Australia

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or by any persons associated with any of them; and

      (b) a proposed covenant shall be deemed to have the purpose, or to have, or to be likely to have, the effect, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, the price for, or a discount, allowance, rebate or credit in relation to, goods or services supplied as mentioned in subsection (2) if the proposed covenant has the purpose, or would have or be likely to have the effect, as the case may be, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, such a price, discount, allowance, rebate or credit in relation to a re-supply of the goods or services by persons to whom the goods or services are supplied by the persons who would, or would but for subsection 45B(1), be bound by or entitled to the benefit of the proposed covenant, or by any of them, or by any persons associated with any of them.

      (5) The reference in subsection (1) to the supply or acquisition of goods or services by persons in competition with each other includes a reference to the supply or acquisition of goods or services by persons who, but for a provision of any contract, arrangement or understanding or of any proposed contract, arrangement or understanding, would be, or would be likely to be, in competition with each other in relation to the supply or acquisition of the goods or services.

      45D Secondary boycotts for the purpose of causing substantial loss or damage

      (1) In the circumstances specified in subsection (3) or (4), a person must not, in concert with a second person, engage in conduct:

      (a) that hinders or prevents:

      (i) a third person supplying goods or services to a fourth person (who is not an employer of the first person or the second person); or

      (ii) a third person acquiring goods or services from a fourth person (who is not an employer of the first person or the second person); and

      (b) that is engaged in for the purpose, and would have or be likely to have the effect, of causing substantial loss or damage to the business of the fourth person.

      Note 1: Conduct that would otherwise contravene this section can be authorised under subsection 88(7).

      Note 2: This section also has effect subject to section 45DD, which deals with permitted boycotts.

      (2) A person is taken to engage in conduct for a purpose mentioned in subsection (1) if the person engages in the conduct for purposes that include that purpose.

      (3) Subsection (1) applies if the fourth person is a corporation.

      (4) Subsection (1) also applies if:

      (a) the third person is a corporation and the fourth person is not a corporation; and

      (b) the conduct would have or be likely to have the effect of causing substantial loss or damage to the business of the third person.

      45DA Secondary boycotts for the purpose of causing substantial lessening of competition

      (1) In the circumstances specified in subsection (3), a person must not, in concert with a second person, engage in conduct:

      (a) that hinders or prevents:

      (i) a third person supplying goods or services to a fourth person (who is not an employer of the first person or the second person); or

      (ii) a third person acquiring goods or services from a fourth person (who is not an employer of the first person or the second person); and

      (b) that is engaged in for the purpose, and would have or be likely to have the effect, of causing a substantial lessening of competition in any market in which the fourth person supplies or acquires goods or services.

      Note 1: Conduct that would otherwise contravene this section can be authorised under subsection 88(7).

      Note 2: This section also has effect subject to section 45DD, which deals with permitted boycotts.

      (2) A person is taken to engage in conduct for a purpose mentioned in subsection (1) if the person engages in the conduct for purposes that include that purpose.

      (3) Subsection (1) applies if:

      (a) the third person or the fourth person is a corporation, or both of them are corporations; and

      (b) the conduct would have or be likely to have the effect of causing substantial loss or damage to the business of one of those persons who is a corporation.

      45DB Boycotts affecting trade or commerce

      (1) A person must not, in concert with another person, engage in conduct for the purpose, and having or likely to have the effect, of preventing or substantially hindering a third person (who is not an employer of the first person) from engaging in trade or commerce involving the movement of goods between Australia and places outside Australia.

      Note 1: Conduct that would otherwise contravene this section can be authorised under subsection 88(7).

      Note 2: This section also has effect subject to section 45DD, which deals with permitted boycotts.

      (2) A person is taken to engage in conduct for a purpose mentioned in subsection (1) if the person engages in the conduct for purposes that include that purpose.

      45DC Involvement and liability of employee organisations

      Certain organisations taken to be acting in concert

      (1) If 2 or more persons (the participants), each of whom is a member or officer of the same organisation of employees, engage in conduct in concert with one another, whether or not the conduct is also engaged in in concert with another person, then, unless the organisation proves otherwise, the organisation is taken for the purposes of sections 45D, 45DA and 45DB:

      (a) to engage in that conduct in concert with the participants; and

      (b) to have engaged in that conduct for the purposes for which the participants engaged in it.

      Consequences of organisation contravening subsection 45D(1), 45DA(1) or 45DB(1)

      (2) The consequences of an organisation of employees engaging, or being taken by subsection (1) to engage, in conduct in concert with any of its members or officers in contravention of subsection 45D(1), 45DA(1) or 45DB(1) are as set out in subsections (3), (4) and (5).

      Loss or damage taken to have been caused by organisation’s conduct

      (3) Any loss or damage suffered by a person as a result of the conduct is taken, for the purposes of this Act, to have been caused by the conduct of the organisation.

      Taking proceedings if organisation is a body corporate

      (4) If the organisation is a body corporate, no action under section 82 to recover the amount of the loss or damage may be brought against any of the members or officers of the organisation in respect of the conduct.

      Taking proceedings if organisation is not a body corporate

      (5) If the organisation is not a body corporate:

      (a) a proceeding in respect of the conduct may be brought under section 77, 80 or 82 against an officer of the organisation as a representative of the organisation’s members and the proceeding is taken to be a proceeding against all the persons who were members of the organisation at the time when the conduct was engaged in; and

      (b) subsection 76(2) does not prevent an order being made in a proceeding mentioned in paragraph (a) that was brought under section 77; and

      (c) the maximum pecuniary penalty that may be imposed in a proceeding mentioned in paragraph (a) that was brought under section 77 is the penalty applicable under section 76 in relation to a body corporate; and

      (d) except as provided by paragraph (a), a proceeding in respect of the conduct must not be brought under section 77 or 82 against any of the members or officers of the organisation; and

      (e) for the purpose of enforcing any judgment

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