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Competition Policy Reform (New South Wales) Act 1995
15Activities that are not business
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#### 15 Activities that are not business
15 Activities that are not business
> > (1) For the purposes of sections 13 and 14, the following do not amount to carrying on a business—
> >
> > > (a) imposing or collecting—
> > >
> > > > (i) taxes, or
> > >
> > > > (ii) levies, or
> > >
> > > > (iii) fees for licences,
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> > > (b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions),
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> > > (c) a transaction involving—
> > >
> > > > (i) only persons who are all acting for the Crown in the same right (and none of whom is an authority of a State), or
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> > > > (ii) only persons who are all acting for the same authority of a State, or
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> > > > (iii) only the Crown in right of a State and one or more non-commercial authorities of that State, or
> > >
> > > > (iv) only non-commercial authorities of the same State,
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> > > (d) the acquisition of primary products by a government body under legislation, unless the acquisition occurs because—
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> > > > (i) the body chooses to acquire the products, or
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> > > > (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.
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> > (2) Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14.
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> > (3) In this section—
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> > acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation.
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> > government body means a State or an authority of a State.
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> > licence means a licence that allows the licensee to supply goods or services.
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> > primary products means—
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> > > (a) agricultural or horticultural produce, or
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> > > (b) crops, whether on or attached to the land or not, or
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> > > (c) animals (whether dead or alive), or
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> > > (d) the bodily produce (including natural increase) of animals.
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> > (4) For the purposes of this section, an authority of a State is non-commercial if—
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> > > (a) it is constituted by only one person, and
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> > > (b) it is neither a trading corporation nor a financial corporation.
>
> **s 15:** Am 1995 No 99, Sch 2.