Section 45AM — Competition and Consumer Act 2010: Cartel provision subject to grant of authorisation

(1) Sections 45AF and 45AJ do not apply in relation to the making of a contract that contains a cartel provision if: (a) the contract is subject to a condition that the provision will not come into force unless and until the corporation is granted an authorisation to give effect to the provision; and (b) the corporation applies for the grant of such an authorisation within 14 days after the contract is made. Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3) of the Criminal Code and subsection (2) of this section). (2) A person who wishes to rely on subsection (1) in relation to a contravention of section 45AJ bears an evidential burden in relation to that matter.