Document ID: chunk:federal_register_of_legislation:C2017A00114:clause:9_128
Version: federal_register_of_legislation:C2017A00114
Segment Type: clause
Provision Reference: sch 9 cl 128
Character Range: 94324–95837

128  At the end of section 102
Add:
 (8) Subsections (9) and (10) apply to a review of a determination of the Commission in relation to:
 (a) an application for a merger authorisation; or
 (b) an application for a minor variation of a merger authorisation; or
 (c) an application for, or the Commission's proposal for, the revocation of a merger authorisation; or
 (d) an application for, or the Commission's proposal for, the revocation of a merger authorisation and the substitution of another merger authorisation.
 (9) For the purposes of the review, the Tribunal may allow a person to provide new information, documents or evidence that the Tribunal is satisfied was not in existence at the time the Commission made the determination.
 (10) Despite subsection (1), the Tribunal must not, for the purposes of the review, have regard to any information, documents or evidence other than:
 (a) information that was referred to in the Commission's reasons for making the determination; and
 (b) any information or report given to the Tribunal under subsection (6); and
 (c) the information, documents or evidence referred to in subsection (7); and
 (d) information given to the Tribunal as a result of the Tribunal seeking such relevant information, and consulting with such persons, as it considers reasonable and appropriate for the sole purpose of clarifying the information, documents or evidence referred to in subsection (7); and
 (e) any information, documents or evidence referred to in subsection (9).