Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:1_95azm:p2
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 1 cl 95AZM (pt 2/3)
Character Range: 68060–70969

a notice to the person to whom the authorisation was granted and cause a notice to be put on the Commission's website:
 (a) stating that it is considering making the determination; and
 (b) indicating the basis on which the determination is being proposed; and
 (c) inviting submissions in respect of the determination within a period specified by the Tribunal.

Tribunal must make a determination

 (8) The Tribunal must make a determination in writing:
 (a) revoking the authorisation, or revoking the authorisation and substituting a new authorisation; or
 (b) refusing to revoke the authorisation.
The Tribunal must notify, in writing, the person to whom the authorisation was granted of its determination and give written reasons for it.

 (8A) In making its determination, the Tribunal must take into account:
 (a) any submissions invited under subsection (5) or (7) that are received within the period specified under that subsection; and
 (b) any information received under section 95AZC within the period specified in the relevant notice under that section (as that section applies because of subsection (15) of this section); and
 (c) any information received under subsection 95AZD(1) within the period specified in the relevant notice under that subsection (as that subsection applies because of subsection (15) of this section); and
 (d) any information obtained from consultations under subsection 95AZD(2) (as that subsection applies because of subsection (15) of this section); and
 (e) the report given to it under section 95AZEA (as that section applies because of subsection (15) of this section); and
 (f) any thing done as mentioned in section 95AZF (as that section applies because of subsection (15) of this section).

 (8B) In making its determination, the Tribunal may disregard:
 (a) any submissions invited under subsection (5) or (7) that are received after the period specified under that subsection; and
 (b) any information received under section 95AZC after the period specified in the relevant notice under that section (as that section applies because of subsection (15) of this section); and
 (c) any information received under subsection 95AZD(1) after the period specified in the relevant notice under that subsection (as that subsection applies because of subsection (15) of this section).

When revocation etc. must not be granted

 (9) If an objection (other than an objection that, in the Tribunal's opinion, is vexatious or frivolous) to a revocation of an authorisation is made in a submission:
 (a) that was invited under subsection (5) or (7); and
 (b) that is received within the period specified;
the Tribunal must not make a determination revoking the authorisation unless the Tribunal is satisfied that it would, if the authorisation had not already been granted, be prevented under section 95AZH from granting the authorisation.

 (10) The Tribunal must not