Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p57
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 137223–139943

for an authorization to engage in conduct, being conduct of a kind referred to in sub-section 88(1), (5), (8) or (9) of the Principal Act as amended by this Act, then—
     (a) if the previous Commission had not before that date made a determination in respect of the application—the application shall be treated as if it were an application for an authorization in respect of that conduct made by the person on that date to the Trade Practices Commission (in the succeeding provisions of this section referred to as the "new Commission") established by the Principal Act as amended by this Act; or
     (b) if the previous Commission had before that date made a determination (in this paragraph referred to as the "relevant determination") in respect of the application—
       (i) where no application had been made before that date to the Tribunal for a review of the relevant determination but the time for making such an application had not expired—the relevant determination shall be deemed to have been a determination by the new Commission made on that date; or
       (ii) where an application had been made to the Tribunal before that date for a review of the relevant determination but the application for review had not been determined before that date—the Tribunal shall hear and determine the application for review as if the relevant determination had been made by the new Commission on that date.

(3) Any authorization to engage in conduct that was granted under the Principal Act before the date of commencement of this section and was in force immediately before that date shall, to the extent (if any) that the new Commission has power to grant an authorization in respect of that conduct under the Principal Act as amended by this Act, have effect as if—
     (a) it had been granted by the new Commission on that date;
     (b) in the case of an authorization for a limited period only—it had been so granted for the unexpired portion of that period; and
     (c) in the case of an authorization to continue to be a party to a contract, arrangement or understanding—it were an authorization to give effect to the provisions of that contract, arrangement or understanding.
(4) Where—
     (a) before the date of commencement of this section a person gave a notice to the previous Commission under sub-section 92(1) of the Principal Act in relation to a contract, arrangement or understanding or a proposed contract, arrangement or understanding, not being a contract, arrangement or understanding or a proposed contract, arrangement or understanding that contains a provision of a kind to which sub-section 88(2) of the Principal Act as amended by this Act applies;
     (b) the previous Commission