Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 91C

Revocation of an authorization and substitution of a replacement

             (1)  A person to whom an authorization was granted, or another person on behalf of such a person, may apply to the Commission for a revocation of the authorization and the substitution of a new authorization for the one revoked.

             (2)  On receipt of such an application, the Commission must, by notice in writing given to any persons who appear to the Commission to be interested:

                     (a)  indicate that the revocation of the authorization, and the substitution of another authorization for it, has been applied for; and

                     (b)  indicate the basis upon which the revocation and substitution has been applied for and the nature of the substituted authorization so applied for; and

                     (c)  invite submissions in respect of the revocation and substitution within a period specified by the Commission.

Note:          Alternatively, the Commission may rely on consultations undertaken by the AEMC: see section 90B.

             (3)  If, at any time after granting an authorization, it appears to the Commission that:

                     (a)  the authorization was granted on the basis of evidence or information that was false or misleading in a material particular; or

                     (b)  a condition to which the authorization was expressed to be subject has not been complied with; or

                     (c)  there has been a material change of circumstances since the authorization was granted;

the Commission may, by notice in writing given to any persons who appear to be interested:

                     (d)  inform those persons that it is considering the revocation of the authorization and the substitution of a new authorization; and

                     (e)  indicate the basis on which the revocation and substitution is being proposed and the nature of the substituted authorization proposed; and

                      (f)  invite submissions in respect of the proposed action within a period specified by the Commission.

             (4)  After considering any submissions invited under subsection (2) or (3) in relation to an authorization that are received within the period specified by the Commission under that subsection and after compliance with the requirements of section 90A in accordance with subsection (5), the Commission may make a determination in writing:

                     (a)  revoking the authorization and granting another such authorization that it considers appropriate, in substitution for it; or

                     (b)  deciding not to revoke the authorization.

             (5)  Before making a determination under subsection (4) in relation to an application, or a proposal, for the revocation of an authorization and the substitution of another, the Commission must comply with the requirements of section 90A.

Note:          Alternatively, the Commission may rely on consultations undertaken by the AEMC: see section 90B.

             (6)  For the purposes of complying with section 90A in accordance with subsection (5), section 90A has effect:

                     (a)  as if the reference in subsection (1) to an application for an authorization (other than an application for an authorization under subsection 88(9)) were a reference to an application, or to a proposal, for the revocation of an authorization (other than an authorization granted on an application granted under subsection 88(9)) and the substitution of another authorization; and

                     (b)  as if references in other provisions of that section to an application, or to an application for an authorization, were references either to an application, or to a proposal, for the revocation of an authorization and the substitution of another; and

                     (c)  as if subsection 90A(2) had provided, in its operation in relation to a proposal for the revocation of an authorization and the substitution of another, that:

                              (i)  the reference to the applicant and to each other interested person were a reference only to each interested person; and

                             (ii)  each reference to the applicant or other person were a reference only to the other person.

             (7)  The Commission must not make a determination revoking an authorization and substituting another authorization unless the Commission is satisfied that it would not be prevented under subsection 90(5A), (5B), (5C), (5D), (6), (7), (8), (8A), (8B) or (9) from making a determination granting the substituted authorization, if it were a new authorization sought under section 88.

             (8)  An application for the revocation of an authorization and the substitution of another authorization may be withdrawn by notice in writing to the Commission at any time.



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