Document ID: chunk:federal_register_of_legislation:C2025C00189:section:90:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 90 (pt 1/4)
Character Range: 1245321–1248216

90  Determination of applications for authorisations
 (1) The Commission shall, in respect of an application for an authorisation:
 (a) make a determination in writing granting such authorisation as it considers appropriate; or
 (b) make a determination in writing dismissing the application.
 (4) The Commission shall state in writing its reasons for a determination made by it.
 (5) Before making a determination in respect of an application for an authorisation other than a merger authorisation the Commission shall comply with the requirements of section 90A.
Note: Alternatively, the Commission may rely on consultations undertaken by the AEMC: see section 90B.
 (6) Before making a determination in respect of an application for an authorisation, the Commission may do any one or more of the following:
 (a) give any persons who appear to the Commission to be interested a written notice inviting submissions in respect of the application within a specified period;
 (b) give the applicant a written notice requesting the applicant to give the Commission, within a specified period, additional information relevant to making its determination in respect of the application;
 (c) give a person a written notice requesting the person to give the Commission, within a specified period, particular information relevant to making its determination in respect of the application;
 (d) consult with such persons as it considers reasonable and appropriate for the purposes of making its determination in respect of the application.
 (6A) In making a determination in respect of an application for an authorisation, the Commission must take into account:
 (a) any submissions or information received under paragraph (6)(a), (b) or (c) within the period specified in the notice mentioned in that paragraph; and
 (b) any information obtained from consultations under paragraph (6)(d)).
The Commission may, but need not, take into account any submissions or information received after the end of those periods.
Note: Unless the application is for a merger authorisation, the Commission may instead rely on consultations undertaken by the AEMC: see section 90B.
 (7) The Commission must not make a determination granting an authorisation under section 88 in relation to conduct unless:
 (a) the Commission is satisfied in all the circumstances that the conduct would not have the effect, or would not be likely to have the effect, of substantially lessening competition; or
 (b) the Commission is satisfied in all the circumstances that:
 (i) the conduct would result, or be likely to result, in a benefit to the public; and
 (ii) the benefit would outweigh the 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;