Document ID: chunk:federal_register_of_legislation:C2005A00119:clause:11_69b
Version: federal_register_of_legislation:C2005A00119
Segment Type: clause
Provision Reference: sch 11 cl 69B
Character Range: 38043–40221

69B  Review by the Australian Competition Tribunal of remedial directions given by the ACCC

Application for review

 (1) If the ACCC gives a section 69A direction to Telstra, Telstra may apply to the Australian Competition Tribunal for a review of the direction.

 (2) An application under this section for a review of a section 69A direction must be:
 (a) in writing; and
 (b) made within 7 days after the ACCC gave the direction.

Review

 (3) If the Australian Competition Tribunal receives an application under this section for review of a section 69A direction, the Australian Competition Tribunal must review the direction.

Decision on review

 (4) On a review of a section 69A direction, the Australian Competition Tribunal may make a decision:
 (a) affirming the direction; or
 (b) setting aside the direction; or
 (c) setting aside the direction and, in substitution for the direction so set aside, making a section 69A direction; or
 (d) varying the direction;
and, for the purposes of the review, the Australian Competition Tribunal may perform all the functions and exercise all the powers of the ACCC.

 (5) A decision by the Australian Competition Tribunal:
 (a) affirming a section 69A direction; or
 (b) setting aside a section 69A direction; or
 (c) made in substitution for a section 69A direction; or
 (d) varying a section 69A direction;
is taken, for the purposes of this Act (other than this section), to be a decision of the ACCC.

Conduct of review

 (6) For the purposes of a review by the Australian Competition Tribunal under this section, the member of the Tribunal presiding at the review may require the ACCC to give such information, make such reports and provide such other assistance to the Tribunal as the member specifies.

 (7) For the purposes of a review, the Australian Competition Tribunal may have regard to any information given, documents produced or evidence given to the ACCC in connection with the making of the section 69A direction to which the review relates.

 (8) To avoid doubt, Division 2 of Part IX of the Trade Practices Act 1974 applies to proceedings before the Australian Competition Tribunal under this section.