Commonwealth Consolidated Acts

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Commission may withdraw the benefit of class exemption in particular case

  (1)   The Commission may give a person a written notice if:

  (a)   a determination in force under section   95AA specifies a kind of conduct; and

  (b)   the Commission is satisfied that particular conduct of that kind engaged in by the person:

  (i)   would have the effect, or would be likely to have the effect, of substantially lessening competition; and

  (ii)   would not result or be likely to result in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result, from the conduct.

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (2)   The Commission must, in or with the notice under subsection   (1), give the person a written statement of its reasons for giving the notice.

  (3)   While a notice under subsection   (1) is in force, the determination does not apply to the conduct specified in the notice engaged in by the person.

  (4)   The notice under subsection   (1):

  (a)   comes into force at the time the Commission gives the person the notice; and

  (b)   ceases to be in force at the earliest of the following times:

  (i)   if the Tribunal sets it aside under subsection   102(5G)--at the end of the day on which the Tribunal sets it aside;

  (ii)   if the Commission revokes the notice--when it is revoked;

  (iii)   the time the determination under section   95AA ceases to be in force.

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