Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44LE

Council may invite public submissions on the application

Invitation

             (1)  The Council may publish, by electronic or other means, a notice inviting public submissions on an application under section 44LB if it considers that it is appropriate and practicable to do so.

             (2)  The notice must specify how submissions may be made and the day by which submissions may be made (which must be at least 14 days after the day the notice is published).

Consideration of submissions

             (3)  Subject to subsection (6), in deciding what recommendation to make on the application, the Council:

                     (a)  must have regard to any submission made on or before the day specified in the notice; and

                     (b)  may disregard any submission made after the day specified in the notice.

Council may make submissions publicly available

             (4)  The Council may make any written submission, or a written record (which may be a summary) of any oral submission, publicly available.

Confidentiality

             (5)  A person may, at the time of making a submission, request that the Council:

                     (a)  not make the whole or a part of the submission available under subsection (4); and

                     (b)  not publish or make available the whole or a part of the submission under section 44LF;

because of the confidential commercial information contained in the submission.

             (6)  If the Council refuses such a request:

                     (a)  for a written submission--the Council must, if the person who made it so requires, return the whole or the part of it to the person; and

                     (b)  for an oral submission--the person who made it may inform the Council that the person withdraws the whole or the part of it; and

                     (c)  if the Council returns the whole or the part of the submission, or the person withdraws the whole or the part of the submission, the Council must not:

                              (i)  make the whole or the part of the submission available under subsection (4); and

                             (ii)  publish or make available the whole or the part of the submission under section 44LF; and

                            (iii)  have regard to the whole or the part of the submission in making its recommendation on the application.



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