Document ID: chunk:federal_register_of_legislation:C2017A00114:clause:13_185:p2
Version: federal_register_of_legislation:C2017A00114
Segment Type: clause
Provision Reference: sch 13 cl 185 (pt 2/3)
Character Range: 130458–133183

Act, but has a continued limited application: see subsection (2).

Old law continues to apply to review of merger clearance determinations if proceedings are pending at commencement
 (5) However, if:
 (a) an application for a review of a clearance determination is made under former Division 3 of Part IX before the commencement time; and
 (b) the Tribunal has not made its decision on the review before the commencement time;
then:
 (c) subsection (4) does not apply in relation to the clearance determination; and
 (d) despite the repeal of that Division by Schedule 9 to the amending Act, that Division continues to apply in relation to the clearance determination at and after the commencement time, as if the repeal had not happened.

Old law merger clearances and authorisations granted or coming into force after commencement to be treated as new law merger authorisations
 (6) A clearance or authorisation granted at or after the commencement time in relation to an application made under former section 95AD or 95AU before the commencement time is, after it is granted, taken to be (and may be dealt with as) an authorisation:
 (a) granted under section 88 of the amended Act; and
 (b) that specifies section 50.
Note: This subsection covers applications processed after the commencement time under the old law as it continues to apply under subsection (2), (3) or (5).
 (7) A clearance granted before the commencement time in relation to an application made under former section 95AD which had not come into force before the commencement time is, after the clearance comes into force, taken to be (and may be dealt with as) an authorisation:
 (a) granted under section 88 of the amended Act; and
 (b) that specifies section 50.

Prohibition against providing false or misleading information applies to information given as a result of this section
 (8) Section 92 applies to information given to the Commission or Tribunal, at or after the commencement time, under Division 3 of Part VII, or Division 3 of Part IX, as it continues to apply under subsection (2), (3) or (5), in connection with a clearance or authorisation as if the information were information given:
 (a) to the Commission or Tribunal under Division 1 of Part VII, or Part IX, of the amended Act; and
 (b) in connection with a merger authorisation.
Note: Remedies can be obtained after the commencement time in relation to false or misleading information given to the Commission or Tribunal before the commencement time: see former section 95AZN, and subsection 7(2) of the Acts Interpretation Act 1901.

Normal application of provisions unaffected
 (9) Nothing in this section limits the application of Part IX, or section 92, of the amended Act.