Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p68
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 164694–167368

Amendment Act 1977, has—
       (i) made a determination dismissing the application, not being a determination made in circumstances where the corporation gave a notice in relation to that conduct under sub-section 92(1) or 93(1) of the Trade Practices Act 1974 as in force immediately before the commencement of the Trade Practices Amendment Act 1977 and—
            (a) in the case of a notice given under sub-section 92(1) of the Trade Practices Act 1974 as so in force—a notice was given to the corporation under sub-section 92(2) of that Act; or
            (b) in the case of a notice given under sub-section 93(1) of the Trade Practices Act 1974 as so in force—no notice was given to the Corporation under sub-section 93(2) of that Act; or
       (ii) made a determination granting an authorization (whether or not the authorization is still in force); and
     (b) the Tribunal has made a determination on an application for a review of the determination of the Commission, or for a review of the determination of the Trade Practices Commission established under the Trade Practices Act 1974 as in force immediately before the commencement of the Trade Practices Amendment Act 1977, or the time for making such an application for review has expired without an application for review having been made.
"(3) If the Commission is satisfied that the engaging by a corporation in conduct or proposed conduct of a kind referred to in a notice given by the corporation to the Commission under sub-section (1) has or is likely to have, or would have or be likely to have, the effect of substantially lessening competition within the meaning of section 47 and that in all the circumstances—
     (a) the conduct has not resulted or is not likely to result, or the proposed conduct would not result or be likely to result, in a benefit to the public; or

     (b) any benefit to the public that has resulted or is likely to result from the conduct, or would result or be likely to result from the proposed conduct, would not outweigh the detriment to the public constituted by any lessening of competition that has resulted or is likely to result from the conduct or would result or be likely to result from the proposed conduct,
the Commission may at any time give notice in writing to the corporation stating that the Commission is so satisfied and accompanied by a statement setting out its reasons for being so satisfied.
"(4) Before giving a notice under sub-section (3) the Commission shall comply with the requirements of section 93a.
"(5) In satisfying itself for the purposes of sub-section (3) in relation to any conduct or proposed conduct referred to in a notice