Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 93

93. (1) A corporation that proposes to engage in conduct of a kind referred to
in sub-section 47 (2) may give notice, as prescribed, of the proposed conduct
to the Commission.

(2) Where a corporation so gives notice to the Commission, the Commission may
at any time give notice in writing to the corporation stating that the
Commission considers that the engaging by the corporation in the proposed
conduct would be likely to have the effect of substantially lessening
competition in a market for goods or services.

(3) Where a corporation has given a notice to the Commission under sub-section
(1), the engaging by the corporation in the conduct referred to in the notice
shall not be taken, for the purposes of this Act, to be likely to have the
effect of substantially lessening competition in a market for goods or
services unless the Commission has given notice to the corporation under
sub-section (2) in relation to the conduct and the conduct takes place more
than 30 days (or such longer period as the Commission by writing permits)
after the day on which the Commission gave the notice.

(4) Where-

   (a)  a corporation has given a notice to the Commission under sub-section
        (1) in relation to proposed conduct; and

   (b)  the Commission has given notice in writing to the corporation stating
        that the Commission considers that the engaging by the corporation in
        the proposed conduct would be likely to have the effect of
        substantially lessening competition in a market for goods or services,
        the corporation is not entitled to give a further notice under that
        sub- section to the Commission in relation to the same conduct or
        conduct to the like effect.