Section 68 Federal Competition and Consumer Protection Act 2018
Section 68 of the Federal Competition and Consumer Protection Act 2018 is about Exceptions. It is under Part VIII (Restrictive Agreements) of the Act.
(1) Nothing in this Act prohibits-
(a) combinations or activities of employees for the reasonable protection of employees;
(b) arrangements for collective bargaining on behalf of employers and employees for the purpose of fixing
minimum terms and conditions of employment;
(c) activities of professional associations designed to develop or enforce standards of professional qualifications;
(d) a contract or an arrangement among partners, none of whom is a body corporate, in so far as it contains provisions in relation to the terms of the partnership or the conduct of the partnership business or in relation to competition between the partnership and a party to the contract, arrangement or understanding while that party is, or after that party ceases to be a partner;
(e) a contract of service or a contract for the provision of services in so far as it contains provisions by which a
person, not being a body corporate, agrees to accept restrictions as to the work, whether as an employee or
otherwise, in which that person may engage during or after the termination of the contract and this period shall not be more than two years;
(f) a contract for the sale of a business or shares in the capital of a body corporate carrying on business in so far as it contains a provision that is solely for the protection of the purchases in respect of the goodwill of the body corporate;
or
(g) any act done to give effect to a provision of a contract or an arrangement referred to in paragraphs (a) to (f) of this subsection.
(2) With respect to professional services subject to the regulation of professional bodies, the Commission may issue guidelines for the application of certain provisions of this Act to the supply of services or conduct of business by members of such professional associations.
(3) For the purposes of subsection (2), the Commission shall, from time to time, publish a list of professional bodies to whom the subsection applies.
(4) Any privilege or exemption granted by the Commission under subsection (1) shall be consistent with the provisions of this Act.
(5) The Commission shall, as it considers appropriate, develop and publish procedural rules to be applied to group inquiries.
