Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p63
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 152133–154852

may be an exclusionary provision unless it is satisfied in all the circumstances that the provision has resulted, or is likely to result, in such a benefit to the public that the contract, arrangement or understanding should be allowed to be given effect to.
    "(9) The Commission shall not make a determination granting an authorization under sub-section 88(9) in respect of a proposed acquisition of shares in the capital, or of assets, of a body corporate unless it is satisfied in all the circumstances that the proposed acquisition would result, or be likely to result, in such a benefit to the public that the acquisition should be allowed to take place.
    "(10) Subject to sub-sections (12), (13) and (15), if—
        (a) the Minister, by notice published in the Gazette, fixes a date for the purposes of the application of this sub-section in relation to applications for authorizations under sub-section 88(1), (5), (7) or (8); and
        (b) the Commission does not determine an application for an authorization under a sub-section in relation to which a date is so fixed within 4 months from that date or the date on which the application was or is received by the Commission, whichever is the later,
    the Commission shall be deemed to have granted, at the expiration of that period, the authorization applied for.
    "(11) Subject to sub-sections (12), (13) and (15), if the Commission does not determine an application for an authorization under sub-section 88(9) within 4 months from the date on which the application was or is received by the Commission, the Commission shall be deemed to have granted, at the expiration of that period, the authorization applied for.
    "(12) If the applicant for an authorization informs the Commission in writing before the expiration of the period referred to in sub-section (10) or (11) (in this sub-section and in sub-section (13) referred to as the 'base period') that the applicant agrees to the Commission taking a specified longer period for the determination of the application, a reference to that longer period shall be deemed for the purposes of that application to be substituted in sub-section (10) or (11), as the case may be, for the reference in that sub-section to the base period.
    "(13) For the purposes of any application of sub-section (12), a reference in that sub-section to the base period shall, if a reference to another period is deemed by any other application or applications of that sub-section to have been substituted in sub-section (10) or (11) for the reference in sub-section (10) or (11) to the base period, be construed as a reference to that other period.

    "(14) If a person to whom a notice has been sent under