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COMPETITION AND CONSUMER ACT 2010 - SECT 10.46

Action to be taken where powers exercised by Minister without first obtaining Commission report

             (1)  Where the Minister gives a direction under subsection 10.44(1) before receiving a report under section 10.47 or 10.48 in relation to matters referred to in paragraph 10.45(1)(a) of which the Minister was satisfied before giving the direction, the Minister shall immediately refer the matters to the Commission under section 10.47.

             (2)  The Commission shall report to the Minister within a period of not more than 60 days in relation to those matters and any other matters that the Commission is then investigating under this Division in relation to the conference agreement concerned.

             (3)  If, after taking the Commission's report into account, the Minister is satisfied of one or more of the matters referred to in paragraph 10.45(1)(a), the Minister may, within 21 days after receiving the Commission's report, direct the Registrar not to take action under subsection (4) in relation to the agreement, and may also give such further directions under subsection 10.44(1) in relation to the agreement as the Minister considers appropriate.

             (4)  The Registrar shall delete the particulars of the direction under subsection 10.44(1) from the register of conference agreements at the end of 21 days after the Minister receives the Commission's report unless the Minister has given a direction under subsection (3) in relation to the agreement.

             (5)  On the deletion of the particulars of the direction, Subdivision A of Division 5 applies in relation to the agreement to the extent to which it would have applied but for the entry of the particulars.

             (6)  Subsection (1) shall not be taken by implication to limit the matters that may be referred to the Commission under section 10.47.

             (7)  A direction under subsection (3) must be given in writing, and the Registrar must serve a copy of the direction on the parties to the conference agreement concerned.

             (8)  If, after taking the Commission's report into account:

                     (a)  the Minister is satisfied of either or both of the matters referred to in subparagraphs 10.45(1)(a)(viii) and (ix); and

                     (b)  the Minister decides to give a direction under subsection (3);

the Minister must:

                     (c)  prepare a statement about the decision; and

                     (d)  cause:

                              (i)  a copy of the statement; and

                             (ii)  a copy of the Commission's report;

                            to be laid before each House of the Parliament within 15 sittings days of that House after the decision was made.



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