Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p70
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 169548–172278

an application to the Commission for an authorization to engage in that conduct;
     (c) the Commission—
       (i) makes a determination dismissing the application; or
       (ii) makes a determination granting an authorization in respect of the application; and
     (d) the Tribunal makes a determination on an application for a review of the determination of the Commission or the time for making such an application for review expires without an application for review having been made,
the notice shall thereupon be deemed to be withdrawn.
"(9) If an application is made to the Tribunal for a review of the giving of a notice by the Commission under sub-section (3), the reference in sub-section (7) to the day on which the Commission gave the notice shall be read as a reference to—
     (a) if the application is withdrawn—the day on which the application is withdrawn;
     (b) if the Tribunal, on the application of the Commission or of any other person who the Tribunal is satisfied has an interest in the subject matter of the review, declares that the application for the review is not being proceeded with by the applicant with due diligence—the day on which the Tribunal makes the declaration; or
     (c) in any other case—the day on which the Tribunal makes a determination on the review.
"(10) Where—
     (a) a corporation has given a notice to the Commission under sub-section (1) in relation to conduct or proposed conduct and the Commission has given notice to the corporation in writing under sub-section (3) in relation to the conduct or the proposed conduct; or
     (b) a notice given by a corporation to the Commission under sub-section (1) in relation to conduct or proposed conduct is withdrawn or deemed to be withdrawn,
the corporation is not entitled to give a further notice under sub-section (1) to the Commission in relation to the same conduct or proposed conduct or in relation to conduct or proposed conduct to the like effect.".
61. Before section 94 of the Principal Act the following section is inserted:—

Commission to afford opportunity for conference before giving notice in relation to exclusive dealings.
"93a. (1) Before giving a notice under sub-section 93 (3) in relation to any conduct or proposed conduct, the Commission shall prepare a draft notice in relation to that conduct or proposed conduct.
"(2) The Commission shall, by notice in writing sent to the corporation to the conduct or proposed conduct of which the draft notice relates and to each other interested person, invite the corporation or other person to notify the Commission, within 14 days after a date fixed by the Commission being not earlier than the day on which the notice is sent, whether the corporation