Document ID: chunk:federal_register_of_legislation:C2025C00189:section:102:p6
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 102 (pt 6/7)
Character Range: 1416855–1419535

satisfies the Tribunal that conduct of the kind specified in the notice:
 (i) would not have the effect, or would not be likely to have the effect, of substantially lessening competition; or
 (ii) would result, or would be likely to result, in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result, from conduct of that kind;
  the Tribunal must make a determination setting aside the notice under section 95AB; or
 (b) if the person who applied for the review does not so satisfy the Tribunal—the Tribunal must make a determination affirming the notice.
 (6) For the purposes of a review by the Tribunal under this Division, the member of the Tribunal presiding at the review may require the Commission to furnish such information, make such reports and provide such other assistance to the Tribunal as the member specifies.
 (7) For the purposes of a review under this Division, the Tribunal may have regard to any information furnished, documents produced or evidence given to the Commission in connexion with the making of the determination, or the giving of the notice, to which the review relates.
 (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).

Division 2—Procedure and Evidence