36Competition authorisation for electronic conveyancing

36 Competition authorisation for electronic conveyancing

36 Competition authorisation for electronic conveyancing

(1) Giving effect to a requirement of the Conveyancing Rules that a conveyancing transaction must be lodged using an Electronic Lodgment Network is conduct that is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.

(2) Conduct authorised by this section is authorised only to the extent (if any) that it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.

(3) In this section—

giving effect to a requirement includes—

(a) complying with any obligation arising in connection with the requirement, and

(b) exercising or enforcing any right or power arising in connection with the requirement.

Note—

Section 51 of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales provide that anything that is authorised by an Act is to be disregarded in deciding whether a person has contravened Part IV of the Competition and Consumer Act 2010 and the Competition Code (which relates to restrictive trade practices).