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.