Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:7_17
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 7 cl 17
Character Range: 122614–123718

17  Subsection 102(4)
Repeal the subsection, substitute:

 (4) Upon a review of the giving of a notice by the Commission under subsection 93(3):
 (a) if the person who applied for the review satisfies the Tribunal that:
 (i) the conduct or proposed conduct does not and would not have the purpose, and does not and is not likely to have or would not have and would not be likely to have the effect, of substantially lessening competition (within the meaning of section 47); or
 (ii) in all the circumstances:
 (A) the conduct or proposed conduct has resulted or is likely to result, or would result or be likely to result, in a benefit to the public; and
 (B) that benefit outweighs or would 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 conduct or proposed conduct;
  the Tribunal must 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 must make a determination affirming the notice.