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COMMERCE ACT 1986 - SECT 59A
When Commission may grant authorisation
1 The Commission may grant an
authorisation to a person— a) to enter into a contract or arrangement, or to
arrive at an understanding, even though the contract or arrangement has been
entered into, or the understanding has been arrived at, before the Commission
makes a determination in respect of the application for that authorisation; or
b) to give effect to a provision of a contract or arrangement entered into, or
an understanding arrived at, or a covenant given, even though the applicant
has already given, or is already giving, effect to the provision before the
Commission makes a determination in respect of the application for that
authorisation; or
c) to require the giving of, or to give, a covenant even
though the covenant has been given before the Commission makes a determination
in respect of the application for that authorisation; or
d) to do an act or
engage in conduct referred to in section 37 or section 38 even though the
applicant has already done the act or is already engaging in the conduct
before the Commission makes a determination in respect of the application for
that authorisation.
2
3
History: Section 59A: inserted, on 26 May 2001, by
section 13 of the Commerce Amendment Act 2001 (2001 No 32).
Section 59A(1)(b): amended, on 5 April 2023, by section 28 of the
Commerce Amendment Act 2022 (2022 No 11).
Section 59A(2): repealed, on 15 August 2017, by section 13 of the
Commerce (Cartels and Other Matters) Amendment Act 2017 (2017
No 40). Section 59A(3): repealed, on 15 August 2017,
by section 13 of the Commerce (Cartels and Other Matters) Amendment Act 2017
(2017 No 40).
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