Document ID: chunk:federal_register_of_legislation:C2025C00189:section:102:p3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 102 (pt 3/7)
Character Range: 1409519–1412177

not so satisfy the Tribunal—the Tribunal must make a determination affirming the notice.
 (5) Where the Tribunal makes a determination setting aside a notice given by the Commission under subsection 93(3), then, after the setting aside of the notice, subsection 93(7) has effect in relation to the conduct referred to in the notice as if the Commission had not given the notice.
 (5AAA) Upon a review of the giving of a notice by the Commission under subsection 93(3B):
 (a) if the person who applied for the review satisfies the Tribunal that the corporation or other person on whom the conditions relating to the conduct or proposed conduct have been imposed has not failed to comply with those conditions—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.
 (5AAB) Upon a review of the giving of a notice by the Commission under subsection 93AAA(1):
 (a) if the person who applied for the review satisfies the Tribunal that:
 (i) apart from section 93AAA, the Commission would not have had grounds referred to in subparagraph 93AAA(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.
 (5AA) Upon a review of the giving of a notice by the Commission under subsection 93AC(1):
 (a) if the person who applied for the review satisfies the Tribunal that any benefit to the public that has resulted or is likely to result or would result or be likely to result from the provision outweighs or would outweigh the detriment to the public that has resulted or is likely to result or would result or be likely to result from the provision—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.
 (5AB) Upon a review of the giving of a notice by the Commission under subsection 93AC(2):
 (a) if the person who applied for the review satisfies the Tribunal that:
 (i) the provision 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 45); or
 (ii) in all the circumstances:
 (A) the provision has resulted or is likely to