Sch 1 s 45ASDual listed company arrangement

45AS Dual listed company arrangement

(1) Sections 45AF and 45AJ do not apply in relation to the making of a contract, arrangement or understanding that contains a cartel provision, in so far as:

(a) the contract, arrangement or understanding is a dual listed company arrangement; and

(b) the making of the contract, arrangement or understanding would, or would apart from section 88, contravene section 49.

(2) Sections 45AG and 45AK do not apply in relation to the giving effect to a cartel provision, in so far as:

(a) the cartel provision is a provision of a dual listed company arrangement; and

(b) the giving effect to the cartel provision would, or would apart from section 88, contravene section 49.

(3) A person who wishes to rely on subsection (1) or (2) bears an evidential burden in relation to that matter.