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COMPETITION AND CONSUMER ACT 2010 - SECT 178 Notifications in force before the commencement time

COMPETITION AND CONSUMER ACT 2010 - SECT 178

Notifications in force before the commencement time

  (1)   This section applies if:

  (a)   a person gave the Commission a collective bargaining notice under subsection   93AB(1) in relation to a proposal to give effect to a provision of a contract, arrangement or understanding; and

  (b)   the provision is a cartel provision of the kind referred to in paragraph   93AB(1A)(c) or (d); and

  (c)   the subsection   93AB(1) notice is in force immediately before the commencement time.

  (2)   This Act has effect, after the commencement time, as if:

  (a)   the person had, at the commencement time, given the Commission a collective bargaining notice under subsection   93AB(1A) in relation to a proposal to give effect to the cartel provision; and

  (b)   despite subsections   93AD(1) and (2), the subsection   93AB(1A) notice had come into force at the commencement time; and

  (c)   despite paragraph   93AD(3)(c), the period applicable to the subsection   93AB(1A) notice for the purposes of paragraph   93AD(3)(c) were the period:

  (i)   starting at the commencement time; and

  (ii)   ending at the end of the period of 3 years starting on the day the person gave the subsection   93AB(1) notice to the Commission; and

  (d)   any requirements for the giving of the subsection   93AB(1A) notice were satisfied.

  (3)   Subsection   (2) does not prevent the subsection   93AB(1A) notice from ceasing to be in force in accordance with this Act.

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