17ACompetition authorisations

#### 17A Competition authorisations 17A Competition authorisations > > (1) The following conduct is specifically authorised by this Act for the purposes of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales— > > > > > (a) the grant of the TAB off-course licence, the TAB on-course licence and a club on-course licence referred to in sections 14 and 15 of this Act, > > > > > (b) conduct authorised or required by or under the terms or conditions of a licence referred to in paragraph (a), > > > > > (b1) conduct authorised by section 9A or 9B, > > > > > (b2) in relation to an arrangement comprised by a deed referred to in section 17AA— > > > > > > > (i) entering into the arrangement, or > > > > > > > (ii) giving effect to the arrangement, or > > > > > > > (iii) conduct of the parties to the arrangement in negotiating the arrangement, > > > > > (c) entering into an arrangement or proposed arrangement approved under this section, > > > > > (d) giving effect to an arrangement approved under this section, > > > > > (e) the giving of a direction pursuant to clause 15 (Power of controlling bodies to give directions) of Schedule 2 and any conduct engaged in in compliance with any such direction, > > > > > (f) the exclusive approval of the holder of a licence conducting a betting activity on computer simulated horse racing, harness racing or greyhound racing events as referred to in section 15AA. > > > (2) The Minister may by order published in the Gazette approve of the following for the purposes of this section— > > > > > (a) any arrangement or proposed arrangement entered into or to be entered into for the purposes of section 21A (Commercial arrangements with the racing industry), 43(2) or 43A, > > > > > (b) any arrangement or proposed arrangement that in the opinion of the Minister is associated with and necessary or convenient for giving effect to a licence referred to in subsection (1) or an arrangement or proposed arrangement referred to in paragraph (a). > > > (3) An approval under this section must identify the parties to the arrangements concerned. > > > (4) 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](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales. > > > (5) In this section— > > > > arrangement includes agreement and understanding. > > > > giving effect to an arrangement includes— > > > > > (a) complying with any obligation under the arrangement, and > > > > > (b) exercising or enforcing any right or power under the arrangement. > > Note— > > Section 51 of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) 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](http://www.legislation.gov.au/) and the Competition Code (which relates to restrictive trade practices). > > **s 17A:** Ins 1997 No 151, Sch 2 \[9\]. Am 2003 No 101, Sch 2 \[2\]; 2006 No 37, Sch 1 \[3\]; 2010 No 94, Sch 1 \[3\]; 2013 No 63, Sch 1 \[3\] \[4\].