Cartels
Section 45 of the Trade Practices Act (TPA) prohibits contracts, arrangements or understandings containing a provision which has the purpose, effect or likely effect of substantially lessening competition. These arrangements will genearlly be horizontal in nature, but this is not a requirement of s 45 (and as a number of anti-competitive vertical arrangements are caught by other more specific provisions in Part IV, anti-overlap provisions will give those specific provisions priority over s 45). Legislation introduced in 2006 (Trade Practices Legislation Amendment Act (No 1) 2006) permits certain collective bargaining arrangements (discussed under authorisation and notification below). A joint venture exemption is also available where the joint venture itself does not have an anti-competitive purpose or effect.
Until recently the conduct of dual listed companies was assessed under s 45. As a result of legislation introduced in 2006 dual listed companies are now assessed under s 49 which prohibits parties making (or giving effect to) a dual listed company arrangement if a provision fo the proposed arrangement would have the purpose, effect or likely effect of substantially lessening competition.
Price fixing
Price fixing is currently prohibited by s 45 of the TPA with the aid of s 45A (there are current proposals to re-define cartel conduct for civil and criminal purposes which would repeal s 45A; see Exposure Draft Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 ).
Section 45A, combined with s 45, has the effect of prohibiting price fixing per se - that is, without the need to prove a substantial lessening of competition. Section 45A(1) deems a provision in a contract, arrangement or understanding to be anti-competitive for the purpose of s 45, where the provision has the purpose, or has or is likely to have the effect, of fixing, controlling or maintaining the price for goods or services supplied or acquired by the parties or any of them; and two or more of the parties are competitors.
It is a defence to the price fixing prohibition to demonstrate that the provision was entered into for the purpose of a joint venture and it does not have the purpose, effect or likely effect of substantially lessening competition (s 76D).
In Australia price fixing is currently only attracts civil penalties. It is anticipated legislation will be introduced in 2008 which will criminalise serious cartel conduct, including price fixing.
Exclusionary provisions (boycotts)
Section 45 also prohibits making or entering into an agreement containing an exclusionary provision; these are in turn defined by section 4D. Although the TPA extends to secondary boycotts in some cases the focus is on primary boycotts - arrangements between competitors to target a third party. Section 4D defines exclusionary provisions as occurring when parties (two ore more of whom are in competition) make a contract, arrangement or understanding in which the relevant provision has the purpose of 'preventing, restricting or limiting'
'(i) the supply of goods or services to, or the acquisition of goods or services from, particular persons or classes of persons; or
(ii) the supply of goods or services to, or the acquisition of goods or services from, particular persons or classes of persons in particular circumstances or on particular conditions'
by all or any of the parties.
It is a defence to the exclusionary provision prohibition to demonstrate that the provision was entered into for the purpose of a joint venture and it does not have the purpose, effect or likely effect of substantially lessening competition (s 76C). This relatively new defence was created with the passage of the Trade Practices Legislation Amendment (No 1) Act 2006.
The Competition Rule - Telecommunications
Anti-competitive conduct in the telecommunications industry is regulated by Part XIB TPA in addition to Part IV. Section 151AJ(2) provides:
‘A carrier or carriage service provider engages in anti-competitive conduct if the carrier or carriage service provider:
(a) has a substantial degree of power in a telecommunications market; and
(b) either
(i) takes advantage of that power with the effect, or likely effect, of substantially lessening competition in that or any other telecommunications market; or
(ii) takes advantage of that power, and engages in other conduct on one or more occasions, with the combined effect, or likely combined effect, of substantially lessening competition in that or any other telecommunications market'.
Pursuant to s 151AJ(3) a carrier or carriage service provider also engages in anti-competitive conduct if they engage in conduct in contravention of ss 45, 45B, 46, 47 or 48 and the conduct relates to a telecommunications market.
Section 151AK contains the 'competition rule', providing that a 'carrier or carriage service provider must not engage in anti-competitive conduct.'
This Part allows the ACCC to issue a 'competition notice' stating that a carrier or carriage service provider is engaging in anti-competitive conduct or that they have contravened the competition rule. Where a notice is given by the ACCC stating that a carrier or provider has contravened or is contravening the rule, that notice is prima facie evidence of the matters described in the notice. The ACCC may also provide exemptions from the definition of anti-competitive conduct for certain conduct.
The Law
Section 45
Contracts, arrangements or understandings that restrict dealings or affect competition
(1) If a provision of a contract made before the commencement of the Trade Practices Amendment Act 1977:
(a) is an exclusionary provision; or
(b) has the purpose, or has or is likely to have the effect, of substantially lessening competition;
that provision is unenforceable in so far as it confers rights or benefits or imposes duties or obligations on a corporation.
(2) A corporation shall not:
(a) make a contract or arrangement, or arrive at an understanding, if:
(i) the proposed contract, arrangement or understanding contains an exclusionary provision; or
(ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition; or
(b) give effect to a provision of a contract, arrangement or understanding, whether the contract or arrangement was made, or the understanding was arrived at, before or after the commencement of this section, if that provision:
(i) is an exclusionary provision; or
(ii) has the purpose, or has or is likely to have the effect, of substantially lessening competition.
(3) For the purposes of this section and section 45A, competition, in relation to a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, means competition in any market in which a corporation that is a party to the contract, arrangement or understanding or would be a party to the proposed contract, arrangement or understanding, or any body corporate related to such a corporation, supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the provision, supply or acquire, or be likely to supply or acquire, goods or services.
(4) For the purposes of the application of this section in relation to a particular corporation, a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding shall be deemed to have or to be likely to have the effect of substantially lessening competition if that provision and any one or more of the following provisions, namely:
(a) the other provisions of that contract, arrangement or understanding or proposed contract, arrangement or understanding; and
(b) the provisions of any other contract, arrangement or understanding or proposed contract, arrangement or understanding to which the corporation or a body corporate related to the corporation is or would be a party;
together have or are likely to have that effect.
(5) This section does not apply to or in relation to:
(a) a provision of a contract where the provision constitutes a covenant to which section 45B applies or, but for subsection 45B(9), would apply;
(b) a provision of a proposed contract where the provision would constitute a covenant to which section 45B would apply or, but for subsection 45B(9), would apply; or
(c) a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding in so far as the provision relates to:
(i) conduct that contravenes section 48; or
(ii) conduct that would contravene section 48 but for the operation of subsection 88(8A); or
(iii) conduct that would contravene section 48 if this Act defined the acts constituting the practice of resale price maintenance by reference to the maximum price at which goods or services are to be sold or supplied or are to be advertised, displayed or offered for sale or supply.
(6) The making of a contract, arrangement or understanding does not constitute a contravention of this section by reason that the contract, arrangement or understanding contains a provision the giving effect to which would, or would but for the operation of subsection 47(10) or 88(8) or section 93, constitute a contravention of section 47 and this section does not apply to or in relation to the giving effect to a provision of a contract, arrangement or understanding by way of:
(a) engaging in conduct that contravenes, or would but for the operation of subsection 47(10) or 88(8) or section 93 contravene, section 47; or
(b) doing an act by reason of a breach or threatened breach of a condition referred to in subsection 47(2), (4), (6) or (8), being an act done by a person at a time when:
(i) an authorization under subsection 88(8) is in force in relation to conduct engaged in by that person on that condition; or
(ii) by reason of subsection 93(7) conduct engaged in by that person on that condition is not to be taken to have the effect of substantially lessening competition within the meaning of section 47; or
(iii) a notice under subsection 93(1) is in force in relation to conduct engaged in by that person on that condition.
(6A) The following conduct:
(a) the making of a dual listed company arrangement;
(b) the giving effect to a provision of a dual listed company arrangement;
does not contravene this section if the conduct would, or would apart from subsection 88(8B), contravene section 49.
(7) This section does not apply to or in relation to a contract, arrangement or understanding in so far as the contract, arrangement or understanding provides, or to or in relation to a proposed contract, arrangement or understanding in so far as the proposed contract, arrangement or understanding would provide, directly or indirectly for the acquisition of any shares in the capital of a body corporate or any assets of a person.
(8) This section does not apply to or in relation to a contract, arrangement or understanding, or a proposed contract, arrangement or understanding, the only parties to which are or would be bodies corporate that are related to each other.
(8A) Subsection (2) does not apply to a corporation engaging in conduct described in that subsection if:
(a) the corporation has given the Commission a collective bargaining notice under subsection 93AB(1) describing the conduct; and
(b) the notice is in force under section 93AD.
(9) The making by a corporation of a contract that contains a provision in relation to which subsection 88(1) applies is not a contravention of subsection (2) of this section 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 authorization to give effect to the provision; and
(b) the corporation applies for the grant of such an authorization within 14 days after the contract is made;
but nothing in this subsection prevents the giving effect by a corporation to such a provision from constituting a contravention of subsection (2).
Section 45A
Contracts, arrangements or understandings in relation to prices
(1) Without limiting the generality of section 45, a provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, shall be deemed for the purposes of that section to have the purpose, or to have or to be likely to have the effect, of substantially lessening competition if the provision has the purpose, or has or is likely to have the effect, as the case may be, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, the price for, or a discount, allowance, rebate or credit in relation to, goods or services supplied or acquired or to be supplied or acquired by the parties to the contract, arrangement or understanding or the proposed parties to the proposed contract, arrangement or understanding, or by any of them, or by any bodies corporate that are related to any of them, in competition with each other.
[Section 45A(2) repealed 2006; seciton 46A(3) repealed 1995]
(4) Subsection (1) does not apply to a provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, being a provision:
(a) in relation to the price for goods or services to be collectively acquired, whether directly or indirectly, by parties to the contract, arrangement or understanding or by proposed parties to the proposed contract, arrangement or understanding; or
(b) for the joint advertising of the price for the re-supply of goods or services so acquired.
(5) For the purposes of this Act, a provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, shall not be taken not to have the purpose, or not to have or to be likely to have the effect, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, the price for, or a discount, allowance, rebate or credit in relation to, goods or services by reason only of:
(a) the form of, or of that provision of, the contract, arrangement or understanding or the proposed contract, arrangement or understanding; or
(b) any description given to, or to that provision of, the contract, arrangement or understanding or the proposed contract, arrangement or understanding by the parties or proposed parties.
(6) For the purposes of this Act but without limiting the generality of subsection (5), a provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, shall not be taken not to have the purpose, or not to have or to be likely to have the effect, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, the price for, or a discount, allowance, rebate or credit in relation to, goods or services by reason only that the provision recommends, or provides for the recommending of, such a price, discount, allowance, rebate or credit if in fact the provision has that purpose or has or is likely to have that effect.
(7) For the purposes of the preceding provisions of this section but without limiting the generality of those provisions, a provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, shall be deemed to have the purpose, or to have or to be likely to have the effect, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, the price for, or a discount, allowance, rebate or credit in relation to, goods or services supplied as mentioned in subsection (1) if the provision has the purpose, or has or is likely to have the effect, of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, such a price, discount, allowance, rebate or credit in relation to a re‑supply of the goods or services by persons to whom the goods or services are or would be supplied by the parties to the contract, arrangement or understanding or the proposed parties to the proposed contract, arrangement or understanding, or by any of them, or by any bodies corporate that are related to any of them.
(8) The reference in subsection (1) to the supply or acquisition of goods or services by persons in competition with each other includes a reference to the supply or acquisition of goods or services by persons who, but for a provision of any contract, arrangement or understanding or of any proposed contract, arrangement or understanding, would be, or would be likely to be, in competition with each other in relation to the supply or acquisition of the goods or services.
45B - covenants affecting competition
45C - covenants in relation to prices
45D - secondary boycotts for purpose of causing substantial loss or damage
45DA - secondary boycotts for purpose of causing substantial lessening of competiton
45DB - Boycotts affecting trade or commerce
45DC - Involvement and liability of employee organisations
45DD - Situations in which boycotts permitted
45E - Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services
45EA - Provisions contravening section 45E not to be given effect
45EB - Section 45D to 45EA do not affect operation of other provisions of part
To view 45B - 45EB go to the full Act
Section 4D
Exclusionary provisions
(1) A provision of a contract, arrangement or understanding, or of a proposed contract, arrangement or understanding, shall be taken to be an exclusionary provision for the purposes of this Act if:
(a) the contract or arrangement was made, or the understanding was arrived at, or the proposed contract or arrangement is to be made, or the proposed understanding is to be arrived at, between persons any 2 or more of whom are competitive with each other; and
(b) the provision has the purpose of preventing, restricting or limiting:
(i) the supply of goods or services to, or the acquisition of goods or services from, particular persons or classes of persons; or
(ii) the supply of goods or services to, or the acquisition of goods or services from, particular persons or classes of persons in particular circumstances or on particular conditions;
by all or any of the parties to the contract, arrangement or understanding or of the proposed parties to the proposed contract, arrangement or understanding or, if a party or proposed party is a body corporate, by a body corporate that is related to the body corporate.
(2) A person shall be deemed to be competitive with another person for the purposes of subsection (1) if, and only if, the first-mentioned person or a body corporate that is related to that person is, or is likely to be, or, but for the provision of any contract, arrangement or understanding or of any proposed contract, arrangement or understanding, would be, or would be likely to be, in competition with the other person, or with a body corporate that is related to the other person, in relation to the supply or acquisition of all or any of the goods or services to which the relevant provision of the contract, arrangement or understanding or of the proposed contract, arrangement or understanding relates.
Section 76C
Defence to proceedings relating to exclusionary provisions
Defence
(1) In proceedings against a person in relation to a contravention of subparagraph 45(2)(a)(i) or (b)(i) in relation to an exclusionary provision, it is a defence if the person establishes that the provision:
(a) is for the purposes of a joint venture; and
(b) does not have the purpose, and does not have and is not likely to have the effect, of substantially lessening competition.
Application of subsections 45(3) and (4)
(2) Subsections 45(3) and (4) apply for the purposes of subsection (1) in the same way as they apply for the purposes of section 45.
Definitions
(3) In this section:
contravention of subparagraph 45(2)(a)(i) or (b)(i) includes conduct referred to in paragraph 76(1)(b), (c), (d), (e) or (f) that relates to a contravention of subparagraph 45(2)(a)(i) or (b)(i).
proceedings means proceedings instituted under:
(a) this Part or section 163A; or
(b) section 21 or 23 of the Federal Court of Australia Act 1976; or
(c) section 39B of the Judiciary Act 1903.
Section 76D
Defence to proceedings relating to price fixing provisions
Defence
(1) In proceedings against a person in relation to a contravention of subparagraph 45(2)(a)(ii) or (b)(ii) in relation to a provision of the kind referred to in subsection 45A(1), it is a defence, despite subsection 45A(1), if the person establishes that the provision:
(a) is for the purposes of a joint venture; and
(b) does not have the purpose, and does not have and is not likely to have the effect, of substantially lessening competition.
Application of subsections 45(3) and (4)
(2) Subsections 45(3) and (4) apply for the purposes of this section in the same way as they apply for the purposes of section 45.
Definitions
(3) In this section:
contravention of subparagraph 45(2)(a)(ii) or (b)(ii) includes conduct referred to in paragraph 76(1)(b), (c), (d), (e) or (f) that relates to a contravention of subparagraph 45(2)(a)(ii) or (b)(ii).
proceedings means proceedings instituted under:
(a) this Part or section 163A; or
(b) section 21 or 23 of the Federal Court of Australia Act 1976; or
(c) section 39B of the Judiciary Act 1903.
Section 49
Dual listed company arrangements that affect competition
(1) A corporation must not:
(a) make a dual listed company arrangement if a provision of the proposed arrangement has the purpose, or would have or be likely to have the effect, of substantially lessening competition; or
(b) give effect to a provision of a dual listed company arrangement if that provision has the purpose, or has or is likely to have the effect, of substantially lessening competition.
Note: Conduct that would otherwise contravene this section can be authorised under subsection 88(8B).
Exception
(2) The making by a corporation of a dual listed company arrangement that contains a provision that has the purpose, or would have or be likely to have the effect, of substantially lessening competition does not contravene this section if:
(a) the arrangement 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 arrangement is made.
However, this subsection does not permit the corporation to give effect to such a provision.
Meaning of competition
(3) For the purposes of this section, competition, in relation to a provision of a dual listed company arrangement or of a proposed dual listed company arrangement, means competition in any market in which:
(a) a corporation that is a party to the arrangement or would be a party to the proposed arrangement; or
(b) any body corporate related to such a corporation;
supplies or acquires, or is likely to supply or acquire, goods or services or would, apart from the provision, supply or acquire, or be likely to supply or acquire, goods or services.
(4) For the purposes of the application of this section in relation to a particular corporation, a provision of a dual listed company arrangement or of a proposed dual listed company arrangement is taken to have, or to be likely to have, the effect of substantially lessening competition if that provision and any one or more of the following provisions:
(a) the other provisions of that arrangement or proposed arrangement;
(b) the provisions of any other contract, arrangement or understanding or proposed contract, arrangement or understanding to which the corporation or a body corporate related to the corporation is or would be a party;
together have or are likely to have that effect.
Part XIB - The telecommunications industry: Anti-competitive conduct and record-keeping rules
[The following contains select provisions from this part; for the full part see TPA]
Division 2 - Anti-competitive conduct
Section 151AJ
Anti-competitive conduct
(1) This section sets out the 2 circumstances in which:
(a) a carrier; or
(b) a carriage service provider;
is said to engage in anti-competitive conduct for the purposes of this Part.
(2) A carrier or carriage service provider engages in anti-competitive conduct if the carrier or carriage service provider:
(a) has a substantial degree of power in a telecommunications market; and
(b) either:
(i) takes advantage of that power with the effect, or likely effect, of substantially lessening competition in that or any other telecommunications market; or
(ii) takes advantage of that power, and engages in other conduct on one or more occasions, with the combined effect, or likely combined effect, of substantially lessening competition in that or any other telecommunications market.
(3) A carrier or carriage service provider engages in anti-competitive conductif the carrier or carriage service provider:
(a) engages in conduct in contravention of section 45, 45B, 46, 47 or 48; and
(b) the conduct relates to a telecommunications market.
(4) For the purposes of the application of subsection (3) to a carrier, or a carriage service provider, that is not a corporation, in determining whether conduct of the carrier or provider is in contravention of section 45, 45B, 46, 47 or 48, it is to be assumed that each reference in those sections to a corporation included a reference to a carrier, or a carriage service provider, that is not a corporation.
(5) For the purposes of the application of subsection (3) to a carrier, or a carriage service provider, that is not a corporation or a partnership, in determining whether conduct of the carrier or provider is in contravention of section 45, 45B, 46, 47 or 48, the following assumptions are to be made:
(a) the assumption that the expression “or any body corporate related to such a corporation” were omitted from subsection 45(3);
(b) the assumption that the expression “or a body corporate related to the corporation” were omitted from paragraph 45(4)(b);
(c) the assumption that the expression “or of a body corporate that is related to the corporation” were omitted from paragraph 46(1)(a);
(d) the assumption that subsection 46(2) had not been enacted;
(e) the assumption that the expression “or from a competitor of a body corporate related to the corporation” were omitted from each of the following provisions:
(i) paragraphs 47(2)(d) and (e);
(ii) paragraphs 47(3)(d) and (e);
(iii) subparagraphs 47(8)(a)(i) and (ii);
(f) the assumption that the expression “not being a body corporate related to the corporation” were omitted from paragraphs 47(8)(c) and 47(9)(d);
(g) the assumption that the expression “or from a competitor of a body corporate related to the corporation” were omitted from paragraphs 47(9)(a) and (b);
(h) the assumption that the expression “, or by a body corporate related to the corporation,” were omitted from paragraph 47(10)(b);
(i) the assumption that the expression “or any body corporate related to that corporation” were omitted from subparagraph 47(13)(b)(i);
(j) the assumption that the expression “or any body corporate related to either of those corporations” were omitted from paragraph 47(13)(c) and the expression “any body corporate related to the last-mentioned corporation” were substituted;
(k) the assumption that the expression “where the second person mentioned in that paragraph is a corporation” were omitted from subsection 96(2).
(6) A person may be taken to have engaged in anti-competitive conduct even if the conduct involves the exercise, or proposed exercise, of an existing legal or equitable right (whether under a contract or otherwise).
(7) Despite anything in subsection (2) or (3), a carrier or carriage service provider does not engage in anti-competitive conduct if that conduct does not constitute a contravention of section 45, 45B, 46, 47 or 48:
(a) because an authorisation is in force; or
(b) because of the operation of section 93.
(8) A carrier or carriage service provider does not engage in anti-competitive conduct if that conduct occurred before 1 July 1997.
Section 151AK
The Competition Rule
(1) A carrier or carriage service provider must not engage in anti-competitive conduct.
(2) For the purposes of this Part, the rule set out in subsection (1) is to be known as the competition rule.
Cases relating to cartels
Anti-competitive agreements and price fixing
Contract, arrangement or understanding
Re British Basic Slag Ltd’s Agreements [1963] 2 All ER 807
Agreement
R v Associated Northern Collieries (1911) 14 CLR 387
Establishing collusion
TPC v David Jones (Australia) Pty Ltd (1986) 13 FCR 446
Establishing collusion; price fixing
TPC v Email Ltd (1980) 43 FLR 383
Establishing collusion; price fixing
TPC v Nicholas Enterprises (1979) 40 FLR 83
Contract, arrangement or understanding
TPC v Service Station Association Ltd (1993) 44 FCR 206
Contract, arrangement or understanding
Substantial lessening of competition
ASX Operations Pty Ltd v Pont Data Australia Pty Ltd (No. 1) (1990) 27 FCR 460
Dowling v Dalgety Australia Ltd (1992) 34 FCR 109
Substantial lessening of competition; purpose
AW Tyree Transformers Pty Ltd and Wilson Transformer Co Pty Ltd (1997) ATPR (Com) 50–247
Substantial lessening of competition
Gallagher v Pioneer Concrete (NSW) Pty Ltd (1993) 113 ALR 159
Substantial lessening of competition
Stationers Supply Pty Ltd v Victorian Authorised Newsagents Associated Ltd (1993) 44 FCR 35
Purpose of substantially lessening competition; exclusive dealing
Price Fixing
ACCC v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617
Price fixing - remedies
TPC v David Jones (Australia) Pty Ltd (1986) 13 FCR 446
Establishing collusion; price fixing
TPC v Email Ltd (1980) 43 FLR 383
Establishing collusion; price fixing
Exclusionary provisions (boycotts)
Hughes v Western Australian Cricket Association (Inc) (1986) 19 FCR 10
News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410
News Ltd v South Sydney District Rugby League Football Club Ltd [2003] HCA 45
Rural Press Ltd v ACCC [2003] HCA 75
Misuse of market power; exclusionary provisions
Visy Paper Pty Ltd v ACCC [2003] HCA 59
Exclusionary provisions; exclusive dealing; anti-overlap
Articles relating to cartels
Reports relating to cartels
Dawson Report (Chapter 10 discussing penalties for cartels)
Guidelines
Anti-competitive Conduct in the Telecommunications market: An Information Paper (ACCC 1999)
Telecommunications are regulated by Part XIB of the TPA
Can Growers Collectively Bargain? (ACCC 2007)
Immunity
The ACCC currently has immunity and cooperation policies in place for cartel conduct. See
ACCC Immunity Policy for Cartel Conduct 2005
The immunity policy will be revised if criminal penalties are introduced (as is currently proposed). The revised policies are available here.
Useful links
Forthcoming