Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p11
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 29863–32600

not to give the notice under subsection 93(3) or (3A)";

    (c) by omitting subsection (10) and substituting:

    "(10) The Commission must take account of all matters raised at the conference.

    "(10A) After the conference, the Commission must decide whether or not to give a notice under subsection 93(3) or (3A).".

Register of notifications

20. Section 95 of the Principal Act is amended by inserting after paragraph (1)(g):

    "(ga) details of the specification of any day by the Commission under paragraph 93(7C)(b);".

Insertion of new section

21. After section 96 of the Principal Act the following section is inserted:

Resale price maintenance in relation to services

" 96A.(1) This Part applies to conduct in relation to services in a way that corresponds to the way it applies to conduct in relation to goods.

"(2) For the purposes of subsection (1), this Part is to be read with appropriate modifications, including the following modifications:

    (a) references in this Part to goods are to be read as references to services;

    (b) references to the sale of goods are to be read as references to the re-supply of services.".

Application for review of notice under subsection 93(3) or (3A)

22. Section 101A of the Principal Act is amended by inserting" or (3 A)" after "93(3)".

Functions and powers of Tribunal

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(3 A) 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(3 A), 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.".

Regulations as to certain matters

24. Section 104 of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

     "(aa) with