Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 65

65. Section 102 of the Principal Act is repealed and the following sections
are substituted:- Applications for review of notices under sub-section 93 (3).
''101A. A person dissatisfied with the giving of a notice by the Commission
under sub-section 93 (3) may, as prescribed and within the time allowed by or
under the regulations, apply to the Tribunal for a review of the giving of the
notice and, if the person was the person to whom the notice was given or the
Tribunal is satisfied that the person has a sufficient interest, the Tribunal
shall review the giving of the notice. Functions and powers of Tribunal.
''102. (1) Upon a review of a determination of the Commission in relation to
an application for an authorization, the Tribunal may make a determination
affirming, setting aside or varying the determination of the Commission and,
for the purposes of the review, may perform all the functions and exercise all
the powers of the Commission.

''(2) A determination by the Tribunal affirming, setting aside or varying a
determination of the Commission in relation to an application for an
authorization shall, for the purposes of this Act other than this Part, be
deemed to be a determination by the Commission.

''(3) Upon a review by the Tribunal, the Tribunal shall comply with any
directions given by the Minister to the Commission under paragraph 29 (1) (a)
as if those directions had been given to the Tribunal.

''(4) Subject to sub-section (3), upon a review of the giving of a notice by
the Commission under sub-section 93 (3)-

   (a)  if the person who applied for the review satisfies the Tribunal that
        in all the circumstances-

        (i)    the conduct or proposed conduct to which the notice relates has
               resulted or is likely to result, or would result or be likely
               to result, as the case may be, in a benefit to the public; and

        (ii)   that benefit would outweigh the detriment to the public
               constituted by any lessening of competition that has resulted
               or is likely to result from the conduct or would result or be
               likely to result from the proposed conduct,

the Tribunal shall make a determination setting aside the notice; or

   (b)  if the person who applied for the review does not so satisfy the
        Tribunal-the Tribunal shall make a determination affirming the notice.

''(5) Where the Tribunal makes a determination setting aside a notice given by
the Commission under sub-section 93 (3), then, after the setting aside of the
notice, sub-section 93 (7) has effect in relation to the conduct referred to
in the notice as if the Commission had not given the notice.

''(6) For the purposes of a review by the Tribunal, the member of the Tribunal
presiding at the review may require the Commission to furnish such
information, make such reports and provide such other assistance to the
Tribunal as the member specifies.

''(7) For the purposes of a review, the Tribunal may have regard to any
information furnished, documents produced or evidence given to the Commission
in connexion with the making of the determination, or the giving of the
notice, to which the review relates.''.