Document ID: chunk:federal_register_of_legislation:C2017A00114:clause:9_122
Version: federal_register_of_legislation:C2017A00114
Segment Type: clause
Provision Reference: sch 9 cl 122
Character Range: 91842–93701

122  After subsection 102(1)
Insert:
 (1AA) If a person applies to the Tribunal for review of a determination of the Commission relating to:
 (a) the grant of a merger authorisation (a domestic merger authorisation) that is not an overseas merger authorisation; or
 (b) the minor variation, or the revocation, of a domestic merger authorisation; or
 (c) the revocation of a domestic merger authorisation and the substitution of another domestic merger authorisation;
the Tribunal must make its determination on the review within the period applying under subsection (1AC) (the relevant period).
 (1AB) If the Tribunal has not made its determination on the review of a determination of the Commission mentioned in subsection (1AA) within the relevant period, the Tribunal is taken to have made a determination affirming the Commission's determination.
 (1AC) The period applying under this subsection is as follows:
 (a) unless paragraph (b) or (c) applies—90 days;
 (b) if the Tribunal allows new information, documents or evidence under subsection (9), and paragraph (c) does not apply—120 days;
 (c) if an extended period is determined under subsection (1AD)—that extended period;
beginning on the day the Tribunal receives the application for review.
 (1AD) Before the end of the period (the initial period) otherwise applying under paragraph (1AC)(a) or (b) for the review, the Tribunal may determine in writing that:
 (a) the matter cannot be dealt with properly within the initial period, either because of its complexity or because of other special circumstances; and
 (b) an extended period applies for the review, which consists of the initial period and a further specified period of not more than 90 days.
The Tribunal must, before the end of the initial period, notify the applicant and the Commission of any determination under this subsection.