Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPETITION AND CONSUMER ACT 2010 - SECT 93AC

Commission's objection notice

Commission's objection notice--cartel provisions or per se provisions

             (1)  If a corporation gives the Commission:

                    (aa)  a collective bargaining notice under subsection 93AB(1A) in relation to a contract, or proposed contract, containing a cartel provision of the kind referred to in that subsection; or

                     (a)  a collective bargaining notice under subsection 93AB(1) in relation to a contract, or proposed contract, containing a provision of the kind referred to in subparagraph 45(2)(a)(i) or (b)(i) (exclusionary provisions);

then the Commission may, if it is satisfied that any benefit to the public that has resulted or is likely to result or would result or be likely to result from the provision does not or would not outweigh the detriment to the public that has resulted or is likely to result or would result or be likely to result from the provision, give the corporation a written notice (the objection notice ) stating that it is so satisfied.

Commission's objection notice--competition provisions

             (2)  If a corporation gives the Commission a collective bargaining notice under subsection 93AB(1) in relation to a contract, or proposed contract, containing a provision of the kind referred to in subparagraph 45(2)(a)(ii) or (b)(ii), then the Commission may, if it is satisfied that:

                     (a)  the provision has or would have the purpose, or has or is likely to have or would have or be likely to have the effect, of substantially lessening competition (within the meaning of section 45); and

                     (b)  in all the circumstances, either:

                              (i)  the provision has not resulted or is not likely to result, or would not result or be likely to result, in a benefit to the public; or

                             (ii)  any benefit to the public that has resulted or is likely to result, or would result or be likely to result, from the provision does not or would not outweigh the detriment to the public constituted by any lessening of competition that has resulted or is likely to result, or would result or be likely to result, from the provision;

give the corporation a written notice (the objection notice ) stating that it is so satisfied.

Reasons for objection notice

             (3)  The Commission must, at the time it gives a corporation an objection notice, give the corporation a written statement of its reasons for giving the notice.

Conference before objection notice

             (4)  The Commission must comply with section 93A (conferences about draft objection notices) before giving an objection notice.

Commission to seek additional information

             (5)  For the purposes of deciding whether or not to give an objection notice:

                     (a)  the Commission must seek such relevant information as it considers reasonable and appropriate; and

                     (b)  the Commission may make a decision on the basis of:

                              (i)  any information so obtained; or

                             (ii)  any other information given to it by the corporation or any other person; or

                            (iii)  any other information in its possession.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback