Mooloolaba Yacht Club Marina Pty Ltd - s.87B undertaking

Company or individual details

  • Mooloolaba Yacht Club Marina Pty Ltd
    010 359 832

Undertaking

The Mooloolaba Yacht Club Marina Pty Ltd (the Marina Co) leases an area of the Mooloolaba Harbour within which it has constructed the Mooloolaba Yacht Club Marina and sub-leases berths to boat owners. Clauses 19-21 of the sub-lease agreements require that persons who purchase a sub-lease over a Marina Co berth must be members of the Mooloolaba Yacht Club.

The requirement for sub-lessees to be members of the Yacht Club raises concerns under section 47 of the Trade Practices Act. In response to Commission concerns the Marina Co lodged Notification N91007 on 11 June 2002. Immunity for the notified conduct commenced on 25 June 2002. The Commission issued a Draft Notice in relation to the Notification, proposing to revoke immunity for the notified conduct.

On 10 December 2002 the Marina Co undertook, among other things, not to enforce clauses 19, 20 and 21 of the existing sub-leases and not to, at any future date, require existing and future sub-lessees to be members of the Mooloolaba Yacht Club solely because of their status as sub-lessees.

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