52 When control may be imposed Goods or services may be controlled if -

(a) the goods or services are, or will be, supplied or acquired in a market in which competition is limited or is likely to be lessened; and

(b) it is necessary or desirable for those goods or services to be controlled either -

        (i) in the interests of persons acquiring the goods or services (whether directly or indirectly), if the goods or services are acquired from a person who faces limited or lessened competition for the supply of those goods or services; or

        (ii) in the interests of suppliers, if the goods or services are supplied to a person who faces limited or lessened competition for the acquisition of those goods or services.

53 How control can be imposed

    (1) Goods or services are controlled if an Order in Council declares that they are controlled.

    (2) The Governor-General may make an order on the recommendation of the Minister.

    (3) The Minister must not make a recommendation unless the Minister is satisfied that the goods or services may be controlled under section 52.

    (4) The Minister may make a recommendation on his or her own initiative or following a report from the Commission.

54 Minister may seek advice from Commission as to Thresholds for imposing controls

    (1) The Minister may require the Commission to advise him or her on the thresholds that would assist him or her in assessing whether goods or services should be controlled under section 52.

    (2) Thresholds can be expressed in quantitative or qualitative terms.

    (3) If the Minister requires advice on thresholds under this section, -

        (a) the requirement must be in writing; and

        (b) the requirement must specify the date by which the Commission must provide the advice; and

        (c) the Commission must advise accordingly.

    (4) The Minister must publish the Commission's advice in a manner that he or she considers appropriate.

55 Effect of control being imposed

    (1) No person may supply any controlled goods or services unless -

        (a) an authorisation under section 70 or section 71, or an undertaking under section 72, has come into effect in respect of those goods or services; and

        (b) the goods or services are supplied in compliance with the authorisation or undertaking.

    (2) A provision of a contract or a covenant that contravenes subsection (1) is not enforceable.