Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118pf:p1
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118PF (pt 1/3)
Character Range: 176801–179434

118PF  Functions and powers of Australian Competition Tribunal

Decision on review

 (1) On a review of a decision of the ACCC under subsection 118NF(2) or (5) or 118NH(3), (6) or (11), the Australian Competition Tribunal may make a decision:
 (a) in any case—affirming the ACCC's decision; or
 (b) in the case of a review of a decision of the ACCC under subsection 118NF(2) to accept an access undertaking—setting aside the ACCC's decision; or
 (c) in the case of a review of a decision of the ACCC under subsection 118NF(2) to reject an access undertaking—both:
 (i) setting aside the ACCC's decision; and
 (ii) in substitution for the decision so set aside, to accept the undertaking; or
 (d) in the case of a review of a decision of the ACCC to make a determination under subsection 118NF(5)—setting aside the ACCC's decision; or
 (e) in the case of a review of a decision of the ACCC to make a determination under subsection 118NF(5)—both:
 (i) setting aside the ACCC's decision; and
 (ii) in substitution for the decision so set aside, to make a determination under that subsection; or
 (f) in the case of a review of a decision of the ACCC under subsection 118NH(3) to accept a variation of an access undertaking—setting aside the ACCC's decision; or
 (g) in the case of a review of a decision of the ACCC under subsection 118NH(3) to reject a variation of an access undertaking—both:
 (i) setting aside the ACCC's decision; and
 (ii) in substitution for the decision so set aside, to accept the variation; or
 (h) in the case of a review of a decision of the ACCC to make a determination under subsection 118NH(6) or (11)—setting aside the ACCC's decision; or
 (i) in the case of a review of a decision of the ACCC to make a determination under subsection 118NH(6) or (11)—both:
 (i) setting aside the ACCC's decision; and
 (ii) in substitution for the decision so set aside, to make a determination under that subsection;
and, for the purposes of the review, the Australian Competition Tribunal may perform all the functions and exercise all the powers of the ACCC.

 (2) A decision by the Australian Competition Tribunal:
 (a) affirming a decision of the ACCC; or
 (b) setting aside a decision of the ACCC; or
 (c) made in substitution for a decision of the ACCC;
is taken, for the purposes of this Act (other than section 118PE or this section), to be a decision of the ACCC.

Conduct of review

 (3) For the purposes of a review by the Australian Competition Tribunal, the member of the Australian Competition Tribunal presiding at the review may require the ACCC to give such information, make such reports and provide