Document ID: chunk:federal_register_of_legislation:C2025C00189:section:90:p3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 90 (pt 3/4)
Character Range: 1250500–1253194

a draft determination under subsection 90A(1) in relation to the application; and
 (b) the Commission determines in writing that that period is extended by a specified period of not more than 6 months; and
 (c) the applicant agrees to that period being so extended;
the relevant period is that period as so extended.
 (10B) Subject to subsections (12) and (13), if:
 (a) the Commission does not determine an application for a merger authorisation within the 90‑day period beginning on the day the Commission received the application; and
 (b) the application is not an application for an overseas merger authorisation;
the Commission is taken to have refused, at the end of that period, to grant the authorisation applied for.
 (11) Subject to subsections (12) and (13), if the Commission does not determine an application for an overseas merger authorisation within:
 (a) 30 days from the day on which the application is received by the Commission; or
 (b) if the Commission, before the end of that period of 30 days, gives to the applicant a notice in writing requesting the applicant to give to the Commission additional information relevant to the determination of the application—the period consisting of 30 days from the day on which the application is received by the Commission increased by the number of days in the period commencing on the day on which the notice is given to the applicant and ending on the day on which the applicant gives to the Commission such of the additional information as the applicant is able to provide;
the Commission shall be deemed to have granted, at the end of that period, the authorisation applied for.
 (11A) The Commission may, within the 30 day period mentioned in subsection (11), notify the applicant in writing that the Commission considers that the period should be extended to 45 days due to the complexity of the issues involved. If the Commission so notifies the applicant, the references in subsection (11) to 30 days are to be treated as references to 45 days.
 (12) If the applicant for an authorisation informs the Commission in writing before the expiration of the period referred to in subsection (10B) or (11) (the base period) that the applicant agrees to the Commission taking a specified longer period for the determination of the application, a reference to that longer period shall be deemed for the purposes of that application to be substituted in that subsection for the reference in that subsection to the base period.
 (13) For the purposes of any application of subsection (12), a reference in that subsection to the base period shall, if a reference to another period is deemed by any other application or applications of