Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p73
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 176883–179645

each other, deal with substantially similar conduct or proposed conduct, the Commission may treat the notices as if they constituted a single notice and may prepare one draft notice in relation to the notices so given to the Commission and hold one conference in relation to that draft notice.".

Clearance of mergers.
62. (1) Section 94 of the Principal Act is repealed.
(2) Where before the commencement of this section a notice was given to a corporation under section 94 of the Principal Act by the Trade Practices Commission established under that Act stating that the Commission considered that a proposed acquisition of shares in the capital, or of assets, of a body corporate would not be likely to have the effect of substantially lessening competition in a market for goods or services, sections 46 and 50 of the Principal Act as amended by this Act do not apply to or in relation to that acquisition.
63. (1) Section 95 of the Principal Act is repealed and the following section substituted:—

Register of notifications.
"95. (1) The Commission shall keep a register containing—
     (a) draft notices, and summaries of reasons, by the Commission furnished to any person under section 93a;
     (b) records of conferences made in accordance with sub-section 93a(7) and certificates in relation to conferences given under sub-section 93a(8);
     (c) notices (including notices that have been withdrawn) given to the Commission under section 93;
     (d) documents furnished to the Commission in relation to such notices;
     (e) particulars of any oral submissions made to the Commission in relation to such notices;
     (f) particulars of notices given by the Commission to corporations by which notices under section 93 were given; and
     (g) particulars of any permits given by the Commission under sub-paragraph 93(7)(b)(i).

"(2) Where a person furnishes a document to the Commission in relation to a notice given to the Commission under section 93 or makes an oral submission to the Commission in relation to such a notice, he may, at the time when the document is furnished or the submission is made, request that the document or a part of the document, or that particulars of the submission or of part of the submission, be excluded from the register kept under sub-section (1) by reason of the confidential nature of any of the matters contained in the document or submission.
"(3) Where such a request is made—
     (a) if the document or part of the document, or the submission or part of the submission, to which the request relates contains particulars of—
       (i) a secret formula or process;
       (ii) the cash consideration offered for the acquisition of shares in the capital, or assets, of a body corporate; or
       (iii)