Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 153Y

Variation and revocation of contracting order

  (1)   The Treasurer may, in writing, vary or revoke a contracting order in respect of a body corporate, on the Treasurer's own initiative or on application made by the body corporate.

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

  (a)   the order as varied is a proportionate means of preventing the relevant corporation, or any related body corporate, from engaging in the kind of prohibited conduct (mentioned in the order) in the future; and

  (b)   if the body corporate does not consent to the variation--the variation is minor or insubstantial, or all of the following conditions are met:

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

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

  (3)   A variation can be of a kind that results in the order, as varied, not being of a kind recommended in the prohibited conduct recommendation (in accordance with paragraph   153S(2)(d)).

  (4)   The Treasurer need not consider an application by the body corporate to vary or revoke a contracting order if the application is made after:

  (a)   if there is only one period mentioned in paragraph   153X(3)(d)--that period has ended; or

  (b)   if there is more than one such period--all of those periods have ended.

  (5)   The Treasurer must publish, by electronic or other means, the following information:

  (a)   the fact that the variation or revocation has been made;

  (b)   the day on which the variation or revocation is made;

  (c)   the name of the body corporate.


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