National Emergency Declaration (Consequential Amendments) Act 2020 (129 of 2020)

Schedule 1   Amendments consequential on the enactment of the National Emergency Declaration Act 2020

Competition and Consumer Act 2010

17   At the end of subsection 90(7)

Add:

; or (c) all of the following apply:

(i) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force;

(ii) the Commission is satisfied in all the circumstances that the conduct would assist, or would be likely to assist, in the response to or recovery from the emergency to which the national emergency declaration relates; and

(iii) the Commission is satisfied in all the circumstances that the benefit to the public resulting from the assistance, or likely assistance, together with any other public benefit resulting from the conduct, would outweigh the detriment to the public that would result, or be likely to result, from the conduct.