Brisbane Airport Corporation Pty Ltd - Notification - N93438

Applicant(s)

  • Brisbane Airport Corporation Pty Ltd

Notification number(s)

  • N93438

Summary

BAC has established a contract works insurance program for construction works at Brisbane Airport, which provides contract works insurance cover for contractors engaged by BAC to carry out building and construction works at Brisbane Airport and subcontractors and suppliers of those contractors.

BAC submit that based on the reasoning in Queensland Aggregates Pty Ltd v Trade Practices Commission (1981) 38 ALR 217 BAC's acquisition of construction services from contractors is also the supply by BAC of the opportunity to carry out construction work at Brisbane Airport. In this case BAC's conduct will breach s 47(6) of the TPA because it will be offering to supply services on the condition that those contractors will be required to accept construction works insurance coverage under the principal arranged insurance program established by BAC. BAC also submits that under s 4 of the TPA the definition of `acquire', when used in relation to services, includes `accept'.

Notifications

ACCC correspondence

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