Restrictive Trade Practices Act 1976 (repealed 1.3.2000)
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Change 1
4 Variation of the Court’s decisions.
(1) The Court, upon application made in accordance with this section, may— (a) discharge any previous declaration of the Court in respect of any restriction or information provision, and any order made by the Court in pursuance of that declaration, and (b) substitute such other declaration, and make such order in pursuance of that declaration, as appears to the Court to be proper at the time of the hearing of the application. (2) The provisions of section 10 below or of section 19 below, as the case may be, apply with the necessary modifications in relation to proceedings on an application under this section as they apply in relation to the proceedings mentioned in those sections. (3) An application under this section may be made by the Director or by any person who is or was at the time of the previous determination of the Court, subject to or entitled to the benefit of the restriction or information provision in question. (4) No application shall be made under this section except with the leave of the Court, and such leave shall not be granted except upon prima facie evidence of a material change in the relevant circumstances. (5) Notwithstanding anything in subsection (4) above, leave to make an application under this section for the discharge of a declaration or order of the Court made before the commencement of the Restrictive Trade Practices Act 1968 (25th November 1968) may, if the applicant proposes to rely on paragraph (h) of section 10(1) below, be granted upon prima facie evidence of the relevance of that paragraph to the application. (6) This section does not apply in relation to any order made under section 3 above.
4 Variation of the Court’s decisions.
(1) The Court, upon application made in accordance with this section, may— (a) discharge any previous declaration of the Court in respect of any restriction or information provision, and any order made by the Court in pursuance of that declaration, and (b) substitute such other declaration, and make such order in pursuance of that declaration, as appears to the Court to be proper at the time of the hearing of the application. (2) The provisions of section 10 below or of section 19 below, as the case may be, apply with the necessary modifications in relation to proceedings on an application under this section as they apply in relation to the proceedings mentioned in those sections. (3) An application under this section may be made by the Director or by any person who is or was at the time of the previous determination of the Court, subject to or entitled to the benefit of the restriction or information provision in question. (4) No application shall be made under this section except with the leave of the Court, and such leave shall not be granted except upon prima facie evidence of a material change in the relevant circumstances. (5) Notwithstanding anything in subsection (4) above, leave to make an application under this section for the discharge of a declaration or order of the Court made before the commencement of the Restrictive Trade Practices Act 1968 (25th November 1968) may, if the applicant proposes to rely on paragraph (h) of section 10(1) below, be granted upon prima facie evidence of the relevance of that paragraph to the application. (6) This section does not apply in relation to any order made under section 3 above.
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