Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:3_20
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 3 cl 20
Character Range: 105515–107806

20  After subsection 102(5)
Insert:

 (5AA) Upon a review of the giving of a notice by the Commission under subsection 93AC(1):
 (a) if the person who applied for the review satisfies the Tribunal that any benefit to the public that has resulted or is likely to result or would result or be likely to result from the provision outweighs or would outweigh the detriment to the public that has resulted or is likely to result or would result or be likely to result from the provision—the Tribunal must make a determination setting aside the notice; 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.

 (5AB) Upon a review of the giving of a notice by the Commission under subsection 93AC(2):
 (a) if the person who applied for the review satisfies the Tribunal that:
 (i) the provision does not and would not have the purpose, and does not and is not likely to have or would not have and would not be likely to have the effect, of substantially lessening competition (within the meaning of section 45); or
 (ii) in all the circumstances:
 (A) the provision has resulted or is likely to result, or would result or be likely to result, in a benefit to the public; and
 (B) that benefit outweighs or would outweigh the detriment to the public constituted by any lessening of competition that has resulted or is likely to result, or would result or be likely to result, from the provision;
  the Tribunal must make a determination setting aside the notice; 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.

 (5AC) If the Tribunal sets aside a notice (the objection notice) given by the Commission under subsection 93AC(1) or (2), then:
 (a) if the Commission gave the objection notice as part of a process starting when the Commission gave a notice under subsection 93A(2) (conference notice) during the period described in paragraph 93AD(1)(a)—the Commission is taken for the purposes of paragraph 93AD(1)(b) to have decided not to give the objection notice at the time the Tribunal set it aside; and
 (b) for the purposes of subsections 93AD(2) and (3), the objection notice is taken not to have been given.