Competition and Consumer Act 2010
95AACommission may determine class exemptions
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95AA Commission may determine class exemptions
(1) The Commission may, by legislative instrument, determine that one or more specified provisions of Division 1 or 2 of Part IV do not apply to a kind of conduct specified in the determination, if the Commission is satisfied in all the circumstances:
(a) that conduct of that kind would not have the effect, or would not be likely to have the effect, of substantially lessening competition; or
(b) that conduct of that kind would result, or would be likely to result, in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result, from conduct of that kind.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) The Commission may specify in the determination any one or more of the following limitations:
(a) a limitation to persons of a specified kind;
(b) a limitation to circumstances of a specified kind;
(c) a limitation to conduct that complies with specified conditions.
(3) The determination must specify the period, ending no later than the end of the period of 10 years beginning on the day it is made, for which it is to be in force.
(4) The determination:
(a) enters into force on the day it is made or on such later day (if any) as is specified in the determination; and
(b) ceases to be in force at the earlier of the following times:
(i) if the determination is revoked—at the time the revocation takes effect;
(ii) at the end of the period specified under subsection (3) of this section.
(5) While the determination remains in force, but subject to section 95AB and any limitations specified under subsection (2), the provisions of Division 1 or 2 of Part IV specified in the determination do not apply in relation to conduct of the kind specified in the determination.
(6) Despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a legislative instrument made under subsection (1) of this section.