Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p35
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 83573–86206

is related to the one corporation together are, in a position to control or dominate a market for goods or services; or
     (b) a corporation, and a body corporate that is, or two or more bodies corporate each of which is, related to that corporation, together are in a position to control or dominate a market for goods or services,
the corporation shall be deemed for the purposes of this section to be in a position to control or dominate that market.
"(3) In this section—
     (a) a reference to a market for goods or services shall be construed as a reference to a substantial market for goods or services in Australia or in a State; and
     (b) a reference to controlling or dominating a market for goods or services shall be construed as a reference to controlling or dominating such a market either as a supplier or as an acquirer of goods or services in that market.
"(4) Where—
     (a) a corporation has entered into a contract to acquire shares in the capital, or assets, of a body corporate;
     (b) the contract is subject to a condition that the provisions of the contract relating to the acquisition will not come into force unless and until the corporation has been granted an authorization to acquire the shares or assets; and
     (c) the corporation applied for the grant of such an authorization before the expiration of 14 days after the contract was entered into,
     the acquisition of the shares or assets shall not be regarded for the purposes of this Act as having taken place in pursuance of the contract before—
     (d) the application for the authorization is disposed of; or
     (e) the contract ceases to be subject to the condition, whichever first happens.
"(5) For the purposes of sub-section (4), an application for an authorization shall be taken to be disposed of—
     (a) in a case to which paragraph (b) of this sub-section does not apply—at the expiration of 14 days after the period in which an application may be made to the Tribunal for a review of the determination by the Commission of the application for the authorization; or
     (b) if an application is made to the Tribunal for a review of the determination by the Commission of the application for the authorization—at the expiration of 14 days after the date of the making by the Tribunal of a determination on the review.".

Exceptions.
28. Section 51 of the Principal Act is amended—
     (a) by inserting in sub-section (2), before the figures "48", the figures and word "45d or";
     (b) by omitting paragraphs (a) to (d), inclusive, of sub-section (2) and substituting the following paragraphs: —
        "(a) to any