Document ID: chunk:federal_register_of_legislation:C2024C00823:section:118pf:p2
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 118PF (pt 2/3)
Character Range: 318159–320862

ACCC.

Conduct of review
 (3) For the purposes of a review by the Australian Competition Tribunal, the member of the Australian Competition Tribunal presiding at the review may require the ACCC to give such information, make such reports and provide such other assistance to the Australian Competition Tribunal as the member specifies.
 (4) For the purposes of a review, the Australian Competition Tribunal may have regard only to:
 (a) any information given, documents produced or evidence given to the ACCC in connection with the making of the decision to which the review relates; and
 (b) any other information that was referred to in the ACCC's reasons for making the decision to which the review relates.

Australian Competition Tribunal to make decision within 6 months
 (5) If:
 (a) a person applies to the Australian Competition Tribunal for a review of a decision of the ACCC under subsection 118NF(2) or (5) or 118NH(3), (6) or (11); and
 (b) the Australian Competition Tribunal does not make a decision under subsection (1) of this section on the review within 6 months after receiving the application for review;
the Australian Competition 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 ACCC under subsection 118NF(2) to accept an access undertaking—a decision setting aside the ACCC's decision;
 (d) in the case of a review of a decision of the ACCC under subsection 118NF(2) to reject an access undertaking:
 (i) a decision setting aside the ACCC'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 ACCC to make a determination under subsection 118NF(5)—a decision setting aside the ACCC's decision; or
 (f) in the case of a review of a decision of the ACCC under subsection 118NH(3) to accept a variation of an access undertaking—a decision setting aside the ACCC's decision;
 (g) in the case of a review of a decision of the ACCC under subsection 118NH(3) to reject a variation of an access undertaking:
 (i) a decision setting aside the ACCC's decision; and
 (ii) in substitution for the decision so set aside, a decision to accept the variation;
 (h) in the case of a review of a decision of the ACCC to make a determination under subsection 118NH(6) or (11)—a decision setting aside the ACCC's decision.

Extension of decision‑making period
 (6) The Australian Competition 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