Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p76
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 184237–186980

the Tribunal, the Tribunal shall comply with any directions given by the Minister to the Commission under paragraph 29(1)(a) as if those directions had been given to the Tribunal.
"(4) Subject to sub-section (3), upon a review of the giving of a notice by the Commission under sub-section 93(3)—
     (a) if the person who applied for the review satisfies the Tribunal that in all the circumstances—
       (i) the conduct or proposed conduct to which the notice relates has resulted or is likely to result, or would result or be likely to result, as the case may be, in a benefit to the public; and
       (ii) that benefit would 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 Tribunal shall make a determination setting aside the notice; or
     (b) if the person who applied for the review does not so satisfy the Tribunal—the Tribunal shall make a determination affirming the notice.
"(5) Where the Tribunal makes a determination setting aside a notice given by the Commission under sub-section 93(3), then, after the setting aside of the notice, sub-section 93(7) has effect in relation to the conduct referred to in the notice as if the Commission had not given the notice.
"(6) For the purposes of a review by the Tribunal, the member of the Tribunal presiding at the review may require the Commission to furnish such information, make such reports and provide such other assistance to the Tribunal as the member specifies.
"(7) For the purposes of a review, the Tribunal may have regard to any information furnished, documents produced or evidence given to the Commission in connexion with the making of the determination, or the giving of the notice, to which the review relates.".

Participants in proceedings before Tribunal.
66. Section 109 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:—
"(1a) A person to whom a notice was given by the Commission under sub-section 93(3) is entitled to participate in any proceedings before the Tribunal instituted by another person in relation to that notice.".

Secrecy in relation to documents furnished under previous law.
67. Section 149 of the Principal Act is amended by inserting after sub-section (3) the following sub-sections:—
"(3a) For the purposes of paragraph (3)(b), the communication or production of any matter or document to a person authorized by writing under the common seal of a body corporate to represent the body corporate for the purposes of this section shall be deemed to be communication or production to that body corporate.
"(3b) This section applies