Document ID: chunk:federal_register_of_legislation:C2025C00189:section:102:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 102 (pt 2/7)
Character Range: 1407088–1409780

this subsection.
 (1A) If a person applies to the Tribunal for review of a determination of the Commission relating to:
 (a) the grant of an overseas merger authorisation; or
 (b) the minor variation, or the revocation, of an overseas merger authorisation; or
 (c) the revocation of an overseas merger authorisation and the substitution of another overseas merger authorisation;
the Tribunal must make its determination on the review within 60 days after receiving the application for review.
 (1B) The 60 day time limit in subsection (1A) does not apply if the Tribunal considers that the matter cannot be dealt with properly within that period of 60 days, either because of its complexity or because of other special circumstances.
 (1C) If subsection (1B) applies, the Tribunal must notify the applicant before the end of the 60 day period that the matter cannot be dealt with properly within that period.
 (2) A determination by the Tribunal affirming, setting aside or varying a determination of the Commission under Division 1 of Part VII in relation to:
 (a) an application for an authorisation; or
 (b) an application for a minor variation of an authorisation; or
 (c) an application for, or the Commission's proposal for, the revocation of an authorisation; or
 (d) an application for, or the Commission's proposal for, the revocation of an authorisation and the substitution of another authorisation;
is, for the purposes of this Act other than this Part, to be taken to be a determination of the Commission.
 (4) Upon a review of the giving of a notice by the Commission under subsection 93(3):
 (a) if the person who applied for the review satisfies the Tribunal that:
 (i) the conduct or proposed conduct does not and would not have the purpose, and does not and is not likely to have or would not have and would not be likely to have the effect, of substantially lessening competition (within the meaning of section 47); or
 (ii) in all the circumstances:
 (A) the conduct or proposed conduct has resulted or is likely to result, or would result or be likely to result, in a benefit to the public; and
 (B) that benefit outweighs or would outweigh the detriment to the public that has resulted or is likely to result, or would result or be likely to result, from the conduct or proposed conduct;
  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.
 (5) Where the Tribunal makes a determination setting aside a notice given by the Commission under subsection 93(3), then, after the setting aside of the notice, subsection