Document ID: chunk:federal_register_of_legislation:F2020L01334:reg:12
Version: federal_register_of_legislation:F2020L01334
Segment Type: reg
Provision Reference: reg 12
Character Range: 12157–14855

12  Class exemption does not apply in relation to certain initial contracts
 (1) If any of subsections (2), (3), (4) or (5) applies to an initial contract, section 7 does not apply to engaging in the conduct specified in that section in relation to the initial contract.

Applications for authorisations
 (2) This subsection applies to an initial contract if:
 (a) a person has applied for an authorisation in relation to the initial contract; and
 (b) the Commission has made a determination:
 (i) dismissing the application; or
 (ii) revoking the authorisation; and
 (c) either:
 (i) the Tribunal has made a determination affirming or varying (but not setting aside) the Commission's determination; or
 (ii) the time for making an application for review of the Commission's determination has ended without the making of an application.
Note: Applications for authorisations are made under Division 1 of Part VII of the Act. For dismissal of applications, see section 90 of the Act. For revocation of authorisations, see section 91B of the Act. For review of determinations of the Commission, see Part IX of the Act.
 (3) This subsection applies to an initial contract if:
 (a) a person has applied for an authorisation in relation to the initial contract; and
 (b) the Commission has prepared a draft determination proposing to deny the application; and
 (c) the application is withdrawn.
Note: Applications for authorisations are made under Division 1 of Part VII of the Act. For draft determinations, see section 90A of the Act. For withdrawal of applications, see subsection 88(7) of the Act.

Collective bargaining notices
 (4) This subsection applies to an initial contract if:
 (a) a corporation has given the Commission a collective bargaining notice in relation to the initial contract; and
 (b) the Commission has given an objection notice in relation to the collective bargaining notice; and
 (c) either:
 (i) the Tribunal has made a determination affirming the objection notice; or
 (ii) the time for making an application for review of the objection notice has ended without the making of an application.
Note: Collective bargaining notices are given under Division 2 of Part VII of the Act. For objection notices, see section 93AC of the Act. For review of objection notices, see Part IX of the Act.
 (5) This subsection applies to an initial contract if:
 (a) a corporation has given the Commission a collective bargaining notice in relation to the initial contract; and
 (b) the collective bargaining notice is taken to have been withdrawn.
Note: Collective bargaining notices are given under Division 2 of Part VII of the Act. For deemed withdrawal, see section 93AE of the Act.