Document ID: chunk:federal_register_of_legislation:C2017A00114:clause:9_95ab
Version: federal_register_of_legislation:C2017A00114
Segment Type: clause
Provision Reference: sch 9 cl 95AB
Character Range: 65639–67091

95AB  Commission may withdraw the benefit of class exemption in particular case
 (1) The Commission may give a person a written notice if:
 (a) a determination in force under section 95AA specifies a kind of conduct; and
 (b) the Commission is satisfied that particular conduct of that kind engaged in by the person:
 (i) would have the effect, or would be likely to have the effect, of substantially lessening competition; and
 (ii) would not result or be likely to result in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result, from the conduct.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (2) The Commission must, in or with the notice under subsection (1), give the person a written statement of its reasons for giving the notice.
 (3) While a notice under subsection (1) is in force, the determination does not apply to the conduct specified in the notice engaged in by the person.
 (4) The notice under subsection (1):
 (a) comes into force at the time the Commission gives the person the notice; and
 (b) ceases to be in force at the earliest of the following times:
 (i) if the Tribunal sets it aside under subsection 102(5G)—at the end of the day on which the Tribunal sets it aside;
 (ii) if the Commission revokes the notice—when it is revoked;
 (iii) the time the determination under section 95AA ceases to be in force.