Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPETITION AND CONSUMER ACT 2010 - SECT 102

Functions and powers of Tribunal

             (1)  On a review of a determination of the Commission under Division 1 of Part VII in relation to:

                     (a)  an application for an authorization; or

                     (b)  an application for a minor variation of an authorization; or

                     (c)  an application for, or the Commission's proposal for, the revocation of an authorization; or

                     (d)  an application for, or the Commission's proposal for, the revocation of an authorization and the substitution of another authorization;

the Tribunal may make a determination affirming, setting aside or varying the determination of the Commission and, for the purposes of the review, may perform all the functions and exercise all the powers of the Commission.

          (1A)  If a person applies to the Tribunal for review of a determination of the Commission relating to:

                     (a)  the grant of an authorisation under subsection 88(9); or

                     (b)  the minor variation, or the revocation, of an authorization granted under that subsection; or

                     (c)  the revocation of an authorization granted under that subsection and the substitution of another authorization;

the Tribunal must make its determination on the review within 60 days after receiving the application for review.

          (1B)  The 60 day time limit in subsection (1A) does not apply if the Tribunal considers that the matter cannot be dealt with properly within that period of 60 days, either because of its complexity or because of other special circumstances.

          (1C)  If subsection (1B) applies, the Tribunal must notify the applicant before the end of the 60 day period that the matter cannot be dealt with properly within that period.

             (2)  A determination by the Tribunal affirming, setting aside or varying a determination of the Commission under Division 1 of Part VII in relation to:

                     (a)  an application for an authorization; or

                     (b)  an application for a minor variation of an authorization; or

                     (c)  an application for, or the Commission's proposal for, the revocation of an authorization; or

                     (d)  an application for, or the Commission's proposal for, the revocation of an authorization and the substitution of another authorization;

is, for the purposes of this Act other than this Part, to be taken to be a determination of the Commission.

             (4)  Upon a review of the giving of a notice by the Commission under subsection 93(3):

                     (a)  if the person who applied for the review satisfies the Tribunal that:

                              (i)  the conduct or proposed conduct does not and would not have the purpose, and does not and is not likely to have or would not have and would not be likely to have the effect, of substantially lessening competition (within the meaning of section 47); or

                             (ii)  in all the circumstances:

                                        (A)  the conduct or proposed conduct has resulted or is likely to result, or would result or be likely to result, in a benefit to the public; and

                                        (B)  that benefit outweighs or would outweigh the detriment to the public constituted by any lessening of competition that has resulted or is likely to result, or would result or be likely to result, from the conduct or proposed conduct;

                            the Tribunal must make a determination setting aside the notice; or

                     (b)  if the person who applied for the review does not so satisfy the Tribunal--the Tribunal must make a determination affirming the notice.

             (5)  Where the Tribunal makes a determination setting aside a notice given by the Commission under subsection 93(3), then, after the setting aside of the notice, subsection 93(7) has effect in relation to the conduct referred to in the notice as if the Commission had not given the notice.

       (5AA)  Upon a review of the giving of a notice by the Commission under subsection 93AC(1):

                     (a)  if the person who applied for the review satisfies the Tribunal that any benefit to the public that has resulted or is likely to result or would result or be likely to result from the provision outweighs or would outweigh the detriment to the public that has resulted or is likely to result or would result or be likely to result from the provision--the Tribunal must make a determination setting aside the notice; or

                     (b)  if the person who applied for the review does not so satisfy the Tribunal--the Tribunal must make a determination affirming the notice.

       (5AB)  Upon a review of the giving of a notice by the Commission under subsection 93AC(2):

                     (a)  if the person who applied for the review satisfies the Tribunal that:

                              (i)  the provision does not and would not have the purpose, and does not and is not likely to have or would not have and would not be likely to have the effect, of substantially lessening competition (within the meaning of section 45); or

                             (ii)  in all the circumstances:

                                        (A)  the provision has resulted or is likely to result, or would result or be likely to result, in a benefit to the public; and

                                        (B)  that benefit outweighs or would outweigh the detriment to the public constituted by any lessening of competition that has resulted or is likely to result, or would result or be likely to result, from the provision;

                            the Tribunal must make a determination setting aside the notice; or

                     (b)  if the person who applied for the review does not so satisfy the Tribunal--the Tribunal must make a determination affirming the notice.

       (5AC)  If the Tribunal sets aside a notice (the objection notice ) given by the Commission under subsection 93AC(1) or (2), then:

                     (a)  if the Commission gave the objection notice as part of a process starting when the Commission gave a notice under subsection 93A(2) (conference notice) during the period described in paragraph 93AD(1)(a)--the Commission is taken for the purposes of paragraph 93AD(1)(b) to have decided not to give the objection notice at the time the Tribunal set it aside; and

                     (b)  for the purposes of subsections 93AD(2) and (3), the objection notice is taken not to have been given.

          (5A)  The Tribunal must set aside a notice under subsection 93(3A) if the person who applied for a review of the giving of the notice satisfies the Tribunal that the likely benefit to the public from the conduct or proposed conduct to which the notice relates will outweigh the likely detriment to the public from the conduct or proposed conduct.

          (5B)  The Tribunal must affirm the giving of a notice under subsection 93(3A) if the person who applied for a review of the giving of the notice does not satisfy the Tribunal as described in subsection (5A).

          (5C)  If the Tribunal sets aside a notice given by the Commission under subsection 93(3A), then:

                     (a)  if the Commission gave the notice as part of a process starting when the Commission gave a notice under subsection 93A(2) during the period described in paragraph 93(7A)(a)--the Commission is taken for the purposes of paragraph 93(7A)(b) to have decided not to give the notice under subsection 93(3A) at the time the Tribunal set aside the notice given under subsection 93(3A); and

                     (b)  for the purposes of subsections 93(7B) and (7C) the notice is taken not to have been given.

             (6)  For the purposes of a review by the Tribunal under this Division, the member of the Tribunal presiding at the review may require the Commission to furnish such information, make such reports and provide such other assistance to the Tribunal as the member specifies.

             (7)  For the purposes of a review under this Division, the Tribunal may have regard to any information furnished, documents produced or evidence given to the Commission in connexion with the making of the determination, or the giving of the notice, to which the review relates.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback