Document ID: chunk:federal_register_of_legislation:C2025C00189:section:93:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 93 (pt 1/5)
Character Range: 1282814–1285501

93  Notification of exclusive dealing or resale price maintenance
 (1) Subject to subsection (2):
 (a) a corporation that engages, or proposes to engage, in conduct of a kind referred to in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9); or
 (b) a corporation or other person who engages, or proposes to engage, in conduct of a kind referred to in section 48;
may give to the Commission a notice setting out particulars of the conduct or proposed conduct.
 (1A) To be valid, a notice under subsection (1) must:
 (a) be in a form approved by the Commission in writing and contain the information required by the form; and
 (b) be accompanied by any other information or documents prescribed by the regulations; and
 (c) be accompanied by the fee (if any) prescribed by the regulations.
 (2) A corporation or other person may not give a notice under subsection (1) for conduct or proposed conduct if:
 (a) the corporation or other person applied for an authorisation for the conduct or proposed conduct; and
 (b) the Commission or the Trade Practices Commission made a determination dismissing the application; and
 (c) either:
 (i) the Tribunal or the Trade Practices Tribunal made a determination on an application for a review of a determination described in paragraph (b); or
 (ii) the time for making such an application for review has ended without the making of an application.
 (2A) In subsection (2):
Trade Practices Commission means the Trade Practices Commission established by section 6A of this Act as in force immediately before this subsection commenced.
Trade Practices Tribunal means the Trade Practices Tribunal continued in existence by section 30 of this Act as in force immediately before this subsection commenced.
 (2B) If the Commission receives a purported notice under subsection (1) that it considers is not a valid notice, it must, within 5 business days of receiving the purported notice, give the person who made the purported notice a written notice:
 (a) stating that the person has not given a valid notice; and
 (b) giving reasons why the purported notice does not comply with this Division.

Definition
 (2C) In subsection (2B):
business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
 (3) If the Commission is satisfied that the engaging by a corporation in conduct or proposed conduct of a kind described in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9) and referred to in a notice given by the corporation under subsection (1):
 (a) has or would have the purpose or has or is likely to have, or would have or be likely to have, the effect of substantially lessening competition