Document ID: chunk:federal_register_of_legislation:C2025C00189:section:90:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 90 (pt 2/4)
Character Range: 1247977–1250739

detriment to the public that would result, or be likely to result, from the conduct; or
 (c) all of the following apply:
 (i) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force;
 (ii) the Commission is satisfied in all the circumstances that the conduct would assist, or would be likely to assist, in the response to or recovery from the emergency to which the national emergency declaration relates; and
 (iii) the Commission is satisfied in all the circumstances that the benefit to the public resulting from the assistance, or likely assistance, together with any other public benefit resulting from the conduct, would outweigh the detriment to the public that would result, or be likely to result, from the conduct.
 (8) Paragraph (7)(a) does not apply if any of the following provisions would (apart from an authorisation under section 88) apply to the conduct:
 (a) one or more provisions of Division 1 of Part IV (cartel conduct);
 (b) one or more of sections 45D to 45DB (secondary boycotts);
 (ba) one or more provisions of section 45E or 45EA (contracts etc. affecting the supply or acquisition of goods or services);
 (c) section 48 (resale price maintenance).
 (9A) In relation to the Commission's consideration of an application for an authorisation to engage in conduct to which section 49 would or might apply or for a merger authorisation, in determining what amounts to a benefit to the public for the purposes of paragraph (7)(b) and subparagraph (7)(c)(iii):
 (a) the Commission must regard the following as benefits to the public (in addition to any other benefits to the public that may exist apart from this paragraph):
 (i) a significant increase in the real value of exports;
 (ii) a significant substitution of domestic products for imported goods; and
 (b) without limiting the matters that may be taken into account, the Commission must take into account all other relevant matters that relate to the international competitiveness of any Australian industry.
 (10) If the Commission does not determine an application for an authorisation (other than an application for a merger authorisation) within the relevant period, then it is taken to have granted the application at the end of that period.
 (10A) For the purposes of subsection (10), the relevant period is the period of 6 months beginning on the day the Commission received the application. However, if, before the end of that 6 month period:
 (a) the Commission has prepared a draft determination under subsection 90A(1) in relation to the application; and
 (b) the Commission determines in writing that that period is extended by a specified period of not more than 6 months; and
 (c) the applicant agrees to that