Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p69
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 167125–169834

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 given to the Commission by a corporation under sub-section (1), the Commission shall seek such relevant information as it considers reasonable and appropriate and may make a decision on the basis of any information so obtained and any other information furnished to it by the corporation or any other person or otherwise in its possession.
"(6) A corporation that has given a notice to the Commission under this section in relation to any conduct or proposed conduct may, at any time before the Commission has given to the corporation a notice under sub-section (3) in relation to the conduct or proposed conduct, by notice in writing to the Commission, withdraw the first-mentioned notice.
"(7) Where a corporation has given notice to the Commission under sub-section (1)—
     (a) in the case of a notice given before the expiration of the period of 3 months commencing on the date of commencement of the Trade Practices Amendment Act 1977, the engaging by the corporation in the conduct referred to in the notice on or after that date and before the giving of the notice shall not be taken, for the purposes of section 47, to have had the effect of substantially lessening competition within the meaning of that section; and
     (b) in any case, the engaging by the corporation in the conduct referred to in the notice after the giving of the notice shall not be taken, for the purposes of section 47, to have the effect of substantially lessening competition within the meaning of that section unless—
       (i) the Commission has given notice to the corporation under sub-section (3) of this section in relation to the conduct and the conduct takes place more than 30 days (or such longer period as the Commission by writing permits) after the day on which the Commission gave the notice; or
       (ii) the notice has been, or is deemed to have been, withdrawn and the conduct takes place after the day on which the notice was, or is deemed to have been, withdrawn.
"(8) Where—
     (a) a corporation gives a notice to the Commission under sub-section (1) in relation to any conduct or proposed conduct;
     (b) before or after the notice is given the corporation makes an application to the Commission for an authorization to engage in that conduct;
     (c) the Commission—
       (i) makes a determination dismissing the application; or
       (ii) makes a determination granting an authorization in respect of the application; and
     (d) the Tribunal