Document ID: chunk:federal_register_of_legislation:C2025C00189:section:91c:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 91C (pt 2/3)
Character Range: 1278161–1281052

into account the following:
 (a) if subsection (2) applies—the application;
 (b) any submissions that are received within the period specified under paragraph (2)(c) or (3)(f);
 (c) any information received under paragraph 90(6)(b) (as it applies because of subsection (3A) of this section) within the period specified in the notice mentioned in that paragraph;
 (d) any information received under paragraph 90(6)(c) (as it applies because of subsection (3A) or (3B) of this section) within the period specified in the notice mentioned in that paragraph;
 (e) any information obtained from consultations under paragraph 90(6)(d) (as it applies because of subsection (3A) or (3B) of this section).
The Commission may, but need not, take into account any submissions or information received after the end of those periods.
 (5) Before making a determination under subsection (4) in relation to an application, or a proposal, for the revocation of an authorisation other than a merger authorisation and the substitution of another, the Commission must comply with the requirements of section 90A.
Note: Alternatively, the Commission may rely on consultations undertaken by the AEMC: see section 90B.
 (6) For the purposes of complying with section 90A in accordance with subsection (5), section 90A has effect:
 (a) as if the reference in subsection (1) to an application for an authorisation (other than an application for a merger authorisation) were a reference to an application, or to a proposal, for the revocation of an authorisation (other than a merger authorisation) and the substitution of another authorisation; and
 (b) as if references in other provisions of that section to an application, or to an application for an authorisation, were references either to an application, or to a proposal, for the revocation of an authorisation and the substitution of another; and
 (c) as if subsection 90A(2) had provided, in its operation in relation to a proposal for the revocation of an authorisation and the substitution of another, that:
 (i) the reference to the applicant and to each other interested person were a reference only to each interested person; and
 (ii) each reference to the applicant or other person were a reference only to the other person.
 (7) The Commission must not make a determination revoking an authorisation and substituting another authorisation unless the Commission is satisfied that it would not be prevented under subsection 90(7) from making a determination granting the substituted authorisation, if it were a new authorisation sought under section 88.
 (7A) Subsections 90(10B), (12) and (13) apply in relation to an application for a revocation and substitution of a merger authorisation that is not an overseas merger authorisation in a corresponding way to the way those subsections apply in relation to an application for a merger authorisation