Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44KA

Tribunal may stay operation of declaration

             (1)  Subject to this section, an application for review of a declaration under subsection 44K(1) does not:

                     (a)  affect the operation of the declaration; or

                     (b)  prevent the taking of steps in reliance on the declaration.

             (2)  On application by a person who has been made a party to the proceedings for review of a declaration, the Tribunal may:

                     (a)  make an order staying, or otherwise affecting the operation or the taking of steps in reliance on, the declaration if the Tribunal considers that:

                              (i)  it is desirable to make the order after taking into account the interests of any person who may be affected by the review; and

                             (ii)  the order is appropriate for the purpose of securing the effectiveness of the hearing and determination of the application for review; or

                     (b)  make an order varying or revoking an order made under paragraph (a) (including an order that has previously been varied on one or more occasions under this paragraph).

             (3)  Subject to subsection (4), the Tribunal must not:

                     (a)  make an order under subsection (2) unless the Council has been given a reasonable opportunity to make a submission to the Tribunal in relation to the matter; or

                     (b)  make an order varying or revoking an order in force under paragraph (2)(a) (including an order that has previously been varied on one or more occasions under paragraph (2)(b)) unless:

                              (i)  the Council; and

                             (ii)  the person who requested the making of the order under paragraph (2)(a); and

                            (iii)  if the order under paragraph (2)(a) has previously been varied by an order or orders under paragraph (2)(b)--the person or persons who requested the making of the last-mentioned order or orders;

                            have been given a reasonable opportunity to make submissions to the Tribunal in relation to the matter.

             (4)  Subsection (3) does not prohibit the Tribunal from making an order without giving to a person referred to in that subsection a reasonable opportunity to make a submission to the Tribunal in relation to a matter if the Tribunal is satisfied that, by reason of the urgency of the case or otherwise, it is not practicable to give that person such an opportunity.

             (5)  If an order is made under subsection (3) without giving the Council a reasonable opportunity to make a submission to the Tribunal in relation to a matter, the order does not come into operation until a notice setting out the terms of the order is given to the Council.

             (6)  An order in force under paragraph (2)(a) (including an order that has previously been varied on one or more occasions under paragraph (2)(b)):

                     (a)  is subject to such conditions as are specified in the order; and

                     (b)  has effect until:

                              (i)  if a period for the operation of the order is specified in the order--the expiration of that period or, if the application for review is decided by the Tribunal before the expiration of that period, the decision of the Tribunal on the application for review comes into operation; or

                             (ii)  if no period is so specified--the decision of the Tribunal on the application for review comes into operation.



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