Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p10
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 27219–30130

the likely detriment to the public from the conduct or proposed conduct;

    the Commission may give the corporation a written notice stating that the Commission is so satisfied.

    "(3B) The Commission must also give the corporation a written statement of its reasons for giving notice when the Commission gives the notice.";

    (d) by inserting in subsections (4), (5) and (6) "or (3A)" after "(3)";

    (e) by inserting after subsection (7):

    "(7A) A notice under subsection (1) describing conduct or proposed conduct referred to in subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d) comes into force:

        (a) at the end of a prescribed period that started on the day when the corporation gave the Commission the notice; or

        (b) if the Commission gives notice to the corporation under subsection 93A(2) during that period—when the Commission decides not to give the corporation a notice under subsection (3A) of this section.

    "(7B) A notice under subsection (1) describing conduct or proposed conduct referred to in subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d) does not come into force:

         (a) if the notice is withdrawn, or deemed to be withdrawn, before it would come into force under subsection (7A); or

         (b) if the Commission:

           (i) gives notice to the corporation under subsection 93A(2) during the period described in paragraph (7A)(a); and

           (ii) gives notice to the corporation under subsection (3A).

    "(7C) A notice under subsection (1) describing conduct referred to in subsection 47(6) or (7) or paragraph 47(8)(c) or (9)(d) ceases to be in force:

        (a) when the notice is withdrawn or deemed to be withdrawn; or

        (b) if the Commission gives the corporation a notice under subsection (3A)—on the 31st day after the Commission gave the notice under subsection (3A) or on a later day specified in writing by the Commission.";

    (f) by inserting in subsection (9) "or (3A)" after "(3)";

    (g) by omitting from subsection (9) "the reference in subsection (7)" and substituting "a reference in subsection (7) or paragraph (7C)(b)";

    (h) by inserting in paragraph (10)(a) "or (3A)" after "(3)".

Commission to afford opportunity for conference before giving notice in relation to exclusive dealing

19. Section 93A of the Principal Act is amended:

    (a) by inserting in subsections (1) and (3) "or (3A)" after "93(3)";

    (b) by omitting from subsection (4) "may give the notice under subsection 93(3) at any time after the expiration of that period" and substituting "must decide after the end of that period whether or not to give the notice under subsection 93(3) or (3A)";

    (c) by omitting subsection (10) and substituting:

    "(10) The Commission must take account of all matters raised at the conference.

    "(10A) After the conference, the Commission must decide whether or