Document ID: chunk:federal_register_of_legislation:C2017A00114:clause:9_26
Version: federal_register_of_legislation:C2017A00114
Segment Type: clause
Provision Reference: sch 9 cl 26
Character Range: 69322–71941

26  After subsection 102(5C)
Insert:
 (5D) Upon a review of the giving of a notice by the Commission under subsection 93ACA(1):
 (a) if the person who applied for the review satisfies the Tribunal that:
 (i) apart from section 93ACA, the Commission would not have had grounds referred to in subparagraph 93ACA(1)(b)(i); or
 (ii) compliance with the conditions imposed by the notice would not ensure those grounds would not exist;
  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.
 (5E) Upon a review of the giving of a notice by the Commission under subsection 93AD(5):
 (a) if the person who applied for the review satisfies the Tribunal that:
 (i) the period provided for in subparagraph 93AD(3)(c)(i) in relation to the relevant collective bargaining notice is appropriate in all the circumstances; or
 (ii) the other period determined by the Commission under subsection 93AD(5) is not appropriate in all the circumstances;
  the Tribunal must make a determination setting aside the notice under subsection 93AD(5); 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.
 (5F) Upon a review of the giving of a notice by the Commission under subsection 93AG(7) extending a period for a further period:
 (a) if the person who applied for the review satisfies the Tribunal that in all the circumstances it is not reasonable to extend the period for the further period, 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.
 (5G) Upon a review of the giving of a notice under section 95AB:
 (a) if the person who applied for the review satisfies the Tribunal that conduct of the kind specified in the notice:
 (i) would not have the effect, or would not be likely to have the effect, of substantially lessening competition; or
 (ii) would result, or would be likely to result, in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result, from conduct of that kind;
  the Tribunal must make a determination setting aside the notice under section 95AB; 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.

Part 2—Other amendments

Competition and Consumer Act 2010