Commonwealth Numbered Acts

COMPETITION POLICY REFORM ACT 1995 No. 88 of 1995 - SECT 18

18. Section 93 of the Principal Act is amended:

   (a)  by omitting from subsection (1) "or (5) or paragraph 47(8)(a) or (b)
        or (9)(a), (b) or (c)" and substituting ", (5), (6), (7), (8) or (9)";

   (b)  by inserting in subsection (3) "described in subsection 47(2), (3),
        (4)
or (5) or paragraph 47(8)(a) or (b) or (9)(a), (b) or (c) and" after "kind";

   (c)  by inserting after subsection (3):

"(3A) If:

   (a)  a corporation has notified the Commission under subsection (1) of
        conduct or proposed conduct described in subsection 47(6) or (7) or
        paragraph 47(8)(c) or (9)(d); and

   (b)  the Commission is satisfied that the likely benefit to the public from
        the conduct or proposed conduct will not outweigh the likely detriment
        to the public from the conduct or proposed conduct; the Commission may
        give the corporation a written notice stating that the Commission is
        so satisfied.

"(3B) The Commission must also give the corporation a written statement of its
reasons for giving notice when the Commission gives the notice.";
(d) by inserting in subsections (4), (5) and (6) "or (3A)" after "(3)";

   (e)  by inserting after subsection (7):

"(7A) A notice under subsection (1) describing conduct or proposed conduct
referred to in subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d) comes
into force:

   (a)  at the end of a prescribed period that started on the day when the
        corporation gave the Commission the notice; or

   (b)  if the Commission gives notice to the corporation under subsection
        93A(2) during that period-when the Commission decides not to give the
        corporation a notice under subsection (3A) of this section.

"(7B) A notice under subsection (1) describing conduct or proposed conduct
referred to in subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d) does
not come into force:

   (a)  if the notice is withdrawn, or deemed to be withdrawn, before it would
        come into force under subsection (7A); or

   (b)  if the Commission:

        (i)    gives notice to the corporation under subsection 93A(2) during
               the period described in paragraph (7A)(a); and

        (ii)   gives notice to the corporation under subsection (3A).

"(7C) A notice under subsection (1) describing conduct referred to in
subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d) ceases to be in force:

   (a)  when the notice is withdrawn or deemed to be withdrawn; or

   (b)  if the Commission gives the corporation a notice under subsection
        (3A)-on the 31st day after the Commission gave the notice under
        subsection (3A) or on a later day specified in writing by the
        Commission.";
(f) by inserting in subsection (9) "or (3A)" after "(3)";

   (g)  by omitting from subsection (9) "the reference in subsection (7)" and
        substituting "a reference in subsection (7) or paragraph (7C)(b)";
(h) by inserting in paragraph (10)(a) "or (3A)" after "(3)".