Competition and Consumer Act - Australia

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or of the proposed parties to the proposed contract, arrangement or understanding or, if a party or proposed party is a body corporate, by a body corporate that is related to the body corporate.

      (2) A person shall be deemed to be competitive with another person for the purposes of subsection (1) if, and only if, the first-mentioned person or a body corporate that is related to that person is, or is likely to be, or, but for the 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 the other person, or with a body corporate that is related to the other person, in relation to the supply or acquisition of all or any of the goods or services to which the relevant provision of the contract, arrangement or understanding or of the proposed contract, arrangement or understanding relates.

      4E Market

      For the purposes of this Act, unless the contrary intention appears, market means a market in Australia and, when used in relation to any goods or services, includes a market for those goods or services and other goods or services that are substitutable for, or otherwise competitive with, the first-mentioned goods or services.

      4F References to purpose or reason

      (1) For the purposes of this Act:

      (a) a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, or a covenant or a proposed covenant, 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, or the covenant was required to be given or the proposed covenant is to be required to be given, as the case may be, 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).

      4G Lessening of competition to include preventing or hindering competition

      For the purposes of this Act, references to the lessening of competition shall be read as including references to preventing or hindering competition.

      4H Application of Act in relation to leases and licences of land and buildings

      In this Act:

      (a) a reference to a contract shall be construed as including a reference to a lease of, or a licence in respect of, land or a building or part of a building and shall be so construed notwithstanding the express references in this Act to such leases or licences;

      (b) a reference to making or entering into a contract, in relation to such a lease or licence, shall be read as a reference to granting or taking the lease or licence; and

      (c) a reference to a party to a contract, in relation to such a lease or licence, shall be read as including a reference to any person bound by, or entitled to the benefit of, any provision contained in the lease or licence.

      4J Joint ventures

      In this Act:

      (a) a reference to a joint venture is a reference to an activity in trade or commerce:

      (i) carried on jointly by two or more persons, whether or not in partnership; or

      (ii) carried on by a body corporate formed by two or more persons for the purpose of enabling those persons to carry on that activity jointly by means of their joint control, or by means of their ownership of shares in the capital, of that body corporate; and

      (b) a reference to a contract or arrangement made or understanding arrived at, or to a proposed contract or arrangement to be made or proposed understanding to be arrived at, for the purposes of a joint venture shall, in relation to a joint venture by way of an activity carried on by a body corporate as mentioned in subparagraph (a)(ii), be read as including a reference to the memorandum and articles of association, rules or other document that constitute or constitutes, or are or is to constitute, that body corporate.

      4K Loss or damage to include injury

      In this Act:

      (a) a reference to loss or damage, other than a reference to the amount of any loss or damage, includes a reference to injury; and

      (b) a reference to the amount of any loss or damage includes a reference to damages in respect of an injury.

      4KA Definitions etc. that do not apply in Part XI or Schedule 2

      Despite any other provision of this Act, sections 4 to 4K do not affect the meaning of any expression used in Part XI or Schedule 2, unless a contrary intention appears.

      4L Severability

      If the making of a contract after the commencement of this section contravenes this Act by reason of the inclusion of a particular provision in the contract, then, subject to any order made under section 51ADB or 87, nothing in this Act affects the validity or enforceability of the contract otherwise than in relation to that provision in so far as that provision is severable.

      4M Saving of law relating to restraint of trade and breaches of confidence

      This Act does not affect the operation of:

      (a) the law relating to restraint of trade in so far as that law is capable of operating concurrently with this Act; or

      (b) the law relating to breaches of confidence;

      but nothing in the law referred to in paragraph (a) or (b) affects the interpretation of this Act.

      4N Extended application of Part IIIA

      (1) Part IIIA, and the other provisions of this Act so far as they relate to Part IIIA, extend to services provided by means of facilities that are, or will be, wholly or partly within:

      (a) an external Territory; or

      (b) the offshore area in respect of a State, of the Northern Territory, or of an external Territory, as specified in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

      (3) Nothing in subsection (1) affects the operation of section 15B of the Acts Interpretation Act 1901 in respect of the application of Part IIIA, and of the other provisions of this Act so far as they relate to Part IIIA, in any part of:

      (a) the coastal sea of Australia; or

      (b) the coastal sea of an external Territory;

      that is on the landward side of each of the offshore areas referred to in that subsection.

      (4) For the purposes of this section:

      service includes proposed service covered by Division 2A of Part IIIA.

      5 Extended application of this Act to conduct outside Australia

      (1) Each of the following provisions:

      (a) Part IV;

      (b) Part XI;

      (c) the Australian Consumer Law (other than Part 5–3);

      (f) the remaining provisions of this Act (to the extent to which they relate to any of the provisions covered by paragraph (a), (b) or (c));

      extends

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