Home Page / Legislation / Competition and Consumer Act 2010 / s 95AZG

Competition and Consumer Act 2010 (Cth)

Section 95AZG
Tribunal to make determination on application

The provision

(1) The Tribunal must make a determination in writing:

(a) granting the authorisation; or

(b) refusing to grant the authorisation.

Note: The Tribunal must make its determination within the time limit set out in section 95AZI. If it does not, then it is taken to have refused to grant the authorisation.

(2) In making its determination, the Tribunal must take into account:

(a) any submissions in relation to the application made to it by the applicant, the Commonwealth, a State, a Territory or any other person that are received within the period specified under paragraph 95AY(b); and

(b) any information received under section 95AZC within the period specified in the relevant notice under that section; and

(c) any information received under subsection 95AZD(1) within the period specified in the relevant notice under that subsection; and

(d) any information obtained from consultations under subsection 95AZD(2); and (e) the report given to it under section 95AZEA; and

(f) any thing done as mentioned in section 95AZF.

(2A) In making its determination, the Tribunal may disregard:

(a) any submissions in relation to the application made to it by the applicant, the Commonwealth, a State, a Territory or any other person that are received after the period specified under paragraph 95AY(b); and

(b) any information received under section 95AZC after the period specified in the relevant notice under that section; and

(c) any information received under subsection 95AZD(1) after the period specified in the relevant notice under that subsection.

(3) The Tribunal must notify the applicant in writing of its determination and give written reasons for it.


Legislative history

Forthcoming

Commentary

Forthcoming

See also mergers page.