Document ID: chunk:federal_register_of_legislation:C2025C00189:section:102:p5
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 102 (pt 5/7)
Character Range: 1414376–1417087

(5C) If the Tribunal sets aside a notice given by the Commission under subsection 93(3A), then:
 (a) if the Commission gave the notice as part of a process starting when the Commission gave a notice under subsection 93A(2) during the period described in paragraph 93(7A)(a)—the Commission is taken for the purposes of paragraph 93(7A)(b) to have decided not to give the notice under subsection 93(3A) at the time the Tribunal set aside the notice given under subsection 93(3A); and
 (b) for the purposes of subsections 93(7B) and (7C) the notice is taken not to have been given.
 (5D) Upon a review of the giving of a notice by the Commission under subsection 93ACA(1):
 (a) if the person who applied for the review satisfies the Tribunal that:
 (i) apart from section 93ACA, the Commission would not have had grounds referred to in subparagraph 93ACA(1)(b)(i); or
 (ii) compliance with the conditions imposed by the notice would not ensure those grounds would not exist;
  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.
 (5E) Upon a review of the giving of a notice by the Commission under subsection 93AD(5):
 (a) if the person who applied for the review satisfies the Tribunal that:
 (i) the period provided for in subparagraph 93AD(3)(c)(i) in relation to the relevant collective bargaining notice is appropriate in all the circumstances; or
 (ii) the other period determined by the Commission under subsection 93AD(5) is not appropriate in all the circumstances;
  the Tribunal must make a determination setting aside the notice under subsection 93AD(5); 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.
 (5F) Upon a review of the giving of a notice by the Commission under subsection 93AG(7) extending a period for a further period:
 (a) if the person who applied for the review satisfies the Tribunal that in all the circumstances it is not reasonable to extend the period for the further period, 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.
 (5G) Upon a review of the giving of a notice under section 95AB:
 (a) if the person who applied for the review 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