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COMPETITION AND CONSUMER ACT 2010 - SECT 151AQA

Stay of proceedings relating to competition notices

             (1)  Paragraphs 15(1)(a) and (b) and 15A(1)(a) and (b) of the Administrative Decisions (Judicial Review) Act 1977 do not apply to a decision to issue a competition notice.

             (2)  If a person applies to the Federal Court under subsection 39B(1) of the Judiciary Act 1903 for a writ or injunction in relation to a decision to issue a competition notice, the Court must not make any orders staying or otherwise affecting the operation or implementation of the decision pending the finalisation of the application. However, this subsection does not apply to an order under subsection (3).

             (3)  If:

                     (a)  either:

                              (i)  a person applies to the Federal Court under the Administrative Decisions (Judicial Review) Act 1977 for review of a decision to issue a competition notice; or

                             (ii)  a person applies to the Federal Court under subsection 39B(1) of the Judiciary Act 1903 for a writ or injunction in relation to a decision to issue a competition notice; and

                     (b)  any relevant proceedings have been instituted under Division 7 of this Part;

the Federal Court or a Judge of the Federal Court may, by order, on such conditions as the Court or the Judge thinks fit, stay those proceedings.

             (4)  If:

                     (a)  a person applies to the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 for review of a decision to issue a competition notice; and

                     (b)  any relevant proceedings have been instituted under Division 7 of this Part;

the Federal Circuit Court or a Judge of the Federal Circuit Court may, by order, on such conditions as the Court or the Judge thinks fit, stay those proceedings.



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