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Competition and Consumer Act 2010 (Cth)

RepealedSection 157AA
Disclosure of documents by Tribunal in relation to merger authorisations

On 6 November 2017 s 157AA was repealed The Harper Reforms. As part of the reforms the ACCC became responsible for determining merger authorisation appliations at first instance.


The provision

(1) If:

(a) a corporation makes an application to the Tribunal in relation to an authorisation under Subdivision C of Division 3 of Part VII; or

(b) the Tribunal proposes to revoke, or to revoke and substitute, an authorisation granted to the corporation under section 95AZM;

the Tribunal must, at the request of the corporation and upon payment of the prescribed fee (if any), give to the corporation:

(c) a copy of every document that has been given to, or obtained by, the Tribunal in relation to the application or revocation that tends to establish the corporation's case; and

(d) a copy of any other document in the Tribunal's possession that comes to the Tribunal's attention in relation to the application or revocation that tends to establish the corporation's case.

(2) However, subsection (1) does not require the Tribunal to give to the corporation a document that was:

(a) obtained from the corporation; or

(b) prepared by an officer or professional adviser of the Tribunal.

(3) If the Tribunal does not comply with a requirement under subsection (1), then, subject to subsection (4), the Court must, upon application by the corporation, make an order directing the Tribunal to comply with the requirement.

(4) The Court may refuse to make an order under subsection (3) in respect of a document or part of a document if the Court considers it inappropriate to make the order by reason that the disclosure of the contents of the document or part of the document would prejudice any person, or for any other reason.

(5) Before the Court gives a decision on an application under subsection (3), the Court may require any documents to be produced to it for inspection.

(6)An order under this section may be expressed to be subject to conditions specified in the order.


Legislative history