Commonwealth Numbered Acts

COMPETITION POLICY REFORM ACT 1995 No. 88 of 1995 - SECT 23

23. Section 102 of the Principal Act is amended by inserting after subsection
(5):

"(5A) The Tribunal must set aside a notice under subsection 93(3A) if the
person who applied for a review of the giving of the notice satisfies the
Tribunal that the likely benefit to the public from the conduct or proposed
conduct to which the notice relates will outweigh the likely detriment to the
public from the conduct or proposed conduct.

"(5B) The Tribunal must affirm the giving of a notice under subsection 93(3A)
if the person who applied for a review of the giving of the notice does not
satisfy the Tribunal as described in subsection (5A).

"(5C) If the Tribunal sets aside a notice given by the Commission under
subsection 93(3A), then:

   (a)  if the Commission gave the notice as part of a process starting when
        the Commission gave a notice under subsection 93A(2) during the period
        described in paragraph 93(7A)(a)-the Commission is taken for the
        purposes of paragraph 93(7A)(b) to have decided not to give the notice
        under subsection 93(3A) at the time the Tribunal set aside the notice
        given under subsection 93(3A); and

   (b)  for the purposes of subsections 93(7B) and (7C) the notice is taken
        not to have been given.".