Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 153T

  (1)   The Commission may, in writing, vary or revoke a prohibited conduct recommendation.

  (2)   The Commission cannot make a variation or revocation under subsection   (1) later than 45 days after:

  (a)   unless paragraph   (b) applies--the day on which the Commission made the prohibited conduct recommendation; or

  (b)   if there has been a previous variation of the prohibited conduct recommendation under this section--the day on which the Commission made the previous variation.

  (3)   The Commission cannot make a variation or revocation under subsection   (1) if:

  (a)   the Treasurer has made a contracting order in relation to the prohibited conduct recommendation; or

  (b)   the Treasurer has applied to the Court for a divestiture order in relation to the prohibited conduct recommendation.

  (4)   The Commission cannot make a variation under subsection   (1) unless the Commission is satisfied that:

  (a)   the variation is minor or insubstantial; or

  (b)   all of the following conditions are met:

  (i)   the corporation or any related body corporate gave the Commission information relevant to the prohibited conduct notice that is false or misleading in a material particular, or failed to give the Commission information relevant to the prohibited conduct notice that is not publicly available;

  (ii)   the variation is reasonably necessary to address the circumstances described in subparagraph   (i); or

  (c)   the variation is reasonably necessary to address information that was not in existence, or that the Commission did not have, when the prohibited conduct notice was given.

  (5)   A variation or revocation under subsection   (1) must state the day on which it is made.

  (6)   The Commission must give a copy of a variation or revocation under subsection   (1) to the Treasurer as soon as practicable after making it.

  (7)   A variation or revocation under subsection   (1) is not a legislative instrument.

  (8)   Subsection   33(3) of the Acts Interpretation Act 1901 does not apply in relation to a prohibited conduct recommendation.