Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p61
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 147079–149811

document from the register kept under sub-section (3), the Commission shall, if the person who furnished the document to the Commission so requires, return the document or part of the document to him and, in that case, paragraph (4)(a) does not apply in relation to the document or part of the document.
"(5c) If the Commission refuses a request to exclude particulars of an oral submission or of part of an oral submission from the register kept under sub-section (3), the person who made the submission may inform the Commission that he withdraws the submission or that part of the submission and, in that case, paragraph (4)(b) does not apply in relation to the submission or that part of the submission, as the case may be.
"(5d) Where the Commission is satisfied that it is desirable to do so for any reason other than the confidential nature of matters contained in a document or submission, the Commission may exclude a document or part of a document referred to in paragraph (4)(a) or particulars referred to in paragraph (4)(b) from the register kept under sub-section (3).
"(5e) If a person requests, in accordance with sub-section (5) that a document or a part of a document, or that particulars of a submission or of part of a submission, be excluded from the register kept under sub-section (3), the document or part of the document, or particulars of the submission or of the part of the submission, shall not be included in that register until the Commission has made a determination in relation to the request."; and
     (e) by omitting from sub-section (6) the words "is in force under paragraph 22(1)(b)" and substituting the words "was in force under paragraph 22(1)(b) of the Trade Practices Act 1974 immediately before the commencement of the Trade Practices Amendment Act 1977".

Determination of applications for authorizations.
56. Section 90 of the Principal Act is amended—
     (a) by omitting from sub-section (2) the words "and may, where it considers it appropriate to do so, hold a public hearing in relation to the application";
     (b) by omitting sub-section (3); and
     (c) by omitting sub-sections (5) to (9), inclusive, and substituting the following sub-sections: —
    "(5) Before making a determination in respect of an application for an authorization the Commission shall comply with the requirements of section 90a.
    "(6) The Commission shall not make a determination granting an authorization under sub-section 88 (1), (5) or (8) in respect of a provision (not being a provision that is or may be an exclusionary provision) of a proposed contract, arrangement or understanding, in respect of a proposed covenant, or in respect of proposed conduct, unless it is satisfied in all the