164Authorisations for section 51 of Competition and Consumer Act 2010 (Cth) and Competition Code

#### 164 Authorisations for section 51 of Competition and Consumer Act 2010 (Cth) and Competition Code 164 Authorisations for section 51 of [Competition and Consumer Act 2010](http://www.legislation.gov.au/) (Cth) and Competition Code > > (1) In this section— > > > > authorise includes approve. > > > > Competition Code means the Competition Code of New South Wales. > > > > the Commonwealth Act means the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth, as amended and in force from time to time. > > > (2) The object of this section is to specifically authorise certain things, or things of certain kinds, for the purposes of section 51 of the Commonwealth Act and the Competition Code, and this section has effect and shall be construed accordingly. > > > (3) The making by an authority, whether as principal or agent, of a contract, agreement or understanding relating to the marketing of a commodity or primary product— > > > > > (a) that is, or is of a kind that is, prescribed for the purposes of this section, or > > > > > (b) that is approved by the Minister, > > > > and all conduct, whether as principal or agent, of the authority and all parties to the contract, agreement or understanding which relates to the proposed making of, negotiating for, making, and performance of any such contract, agreement or understanding, are hereby authorised for the purposes of section 51 of the Commonwealth Act and the Competition Code. > > > (4) An authority is hereby authorised in the course of exercising the functions conferred upon it by this Act to do or omit to do, whether as principal or agent, any act or thing that is, or is of a kind which would, but for the authorisation conferred by this section, be a contravention of a provision of Part IV of the Commonwealth Act or the Competition Code. > > > (5) Where authorisation is conferred by this section, the contract, arrangement or understanding so authorised is lawful and the authority and all parties to the contract, arrangement or understanding are authorised by force of this Act and whether as principal or agent to enter into it, and to engage in the conduct referred to in subsection (3). > > > (6) Nothing in this section— > > > > > (a) authorises an authority to do or omit to do any act or thing that it would not be empowered to do or omit to do apart from this section and the Commonwealth Act and the Competition Code, or > > > > > (b) affects the operation of any provision of this Act, or of any other Act, that confers or imposes functions on an authority. > > > (7) An approval under subsection (3) may be given subject to such conditions as the Minister determines. > > **s 164:** Ins 1985 No 82, Sch 1 (5). Am 1997 No 125, Sch 1 \[3\]–\[6\]; 2018 No 68, Sch 2.29.