Document ID: chunk:federal_register_of_legislation:C2025C00189:section:93:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 93 (pt 2/5)
Character Range: 1285281–1287915

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 within the meaning of section 47; and
 (b) in all the circumstances:
 (i) has not resulted or is not likely to result, or would not result or be likely to result, in a benefit to the public; or
 (ii) has resulted or is likely to result, or would result or be likely to result, in a benefit to the public that has not or would not outweigh the detriment to the public that has resulted or is likely to result from the conduct or would result or be likely to result from the proposed conduct;
the Commission may at any time give notice in writing to the corporation stating that the Commission is so satisfied and accompanied by a statement setting out its reasons for being so satisfied.
 (3A) If:
 (a) a corporation or other person has notified the Commission under subsection (1) of conduct or proposed conduct described in section 48; and
 (b) the Commission is satisfied that the likely benefit to the public from the conduct or proposed conduct will not outweigh the likely detriment to the public from the conduct or proposed conduct;
the Commission may give the corporation or other person a written notice stating that the Commission is so satisfied and accompanied by a statement setting out its reasons for being so satisfied.
 (3B) If:
 (a) a corporation or other person has notified the Commission under subsection (1) of conduct or proposed conduct; and
 (b) the Commission has given the corporation or other person a notice under subsection 93AAA(1) imposing conditions relating to the conduct or proposed conduct; and
 (c) the Commission is satisfied that the corporation or other person has failed to comply with those conditions;
the Commission may at any time give notice in writing to the corporation or other person stating that the Commission is so satisfied and accompanied by a statement setting out its reasons for being so satisfied.
 (4) Before giving a notice under subsection (3), (3A) or (3B) the Commission shall comply with the requirements of section 93A.
 (5) In satisfying itself for the purposes of subsection (3), (3A) or (3B) in relation to any conduct or proposed conduct referred to in a notice given to the Commission by a corporation or other person under subsection (1), the Commission shall seek such relevant information as it considers reasonable and appropriate and may make a decision on the basis of any information so obtained and any other information furnished to