Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_152cf:p2
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 152CF (pt 2/2)
Character Range: 69887–71870

subsection (1) of this section on the review within 6 months after receiving the application for review;
the Tribunal is taken to have made, at the end of that 6‑month period, whichever of the following decisions is applicable:
 (c) in the case of a review of a decision of the Commission to accept an access undertaking—a decision setting aside the Commission's decision;
 (d) in the case of a review of a decision of the Commission to reject an access undertaking:
 (i) a decision setting aside the Commission's decision; and
 (ii) in substitution for the decision so set aside, a decision to accept the undertaking;
 (e) in the case of a review of a decision of the Commission to accept a variation of an access undertaking—a decision setting aside the Commission's decision;
 (f) in the case of a review of a decision of the Commission to reject a variation of an access undertaking:
 (i) a decision setting aside the Commission's decision; and
 (ii) in substitution for the decision so set aside, a decision to accept the variation.

Extension of decision‑making period

 (6) The Tribunal may, by written notice given to the applicant for review, extend or further extend the 6‑month period referred to in subsection (5), so long as:
 (a) the extension or further extension is for a period of not more than 3 months; and
 (b) the notice includes a statement explaining why the Tribunal has been unable to make a decision on the review within that 6‑month period or that 6‑month period as previously extended, as the case may be.

 (7) As soon as practicable after the Tribunal gives a notice under subsection (6), the Tribunal must cause a copy of the notice to be made available on the Internet.

Time of acceptance of undertaking

 (8) To avoid doubt, if the Tribunal makes a decision to accept an undertaking, the time of acceptance of the undertaking is the time when the Tribunal made its decision.

Note: Division 2 of Part IX applies to proceedings before the Tribunal.