Tribunal not to review determinations while Commission considering public benefit applications
100M Tribunal not to review determinations while Commission considering public benefit applications
Applications for review
A person must not apply under subsection 100C(1) for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if:
a public benefit application has been made in relation to the notification; and
the Commission has not decided under section 51ABZV to cease considering the public benefit application; and
the Commission has not made a determination under subsection 51ABZW(1) in respect of the public benefit application.
A day is not counted for the purposes of paragraph 100C(1)(b) in relation to applying for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if the day occurs:
on or after the day a public benefit application is made in relation to the notification; and
on or before the day on which the Commission:
decides under section 51ABZV to cease considering the public benefit application; or
makes a determination under subsection 51ABZW(1) in respect of the public benefit application.
Proceedings for review
If:
a person applies under subsection 100C(1) for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition; and
before the proceedings for review have ended, a public benefit application is made in relation to the notification;
the Tribunal must cease the proceedings for review until the Commission:
decides under section 51ABZV to cease considering the public benefit application; or
makes a determination under subsection 51ABZW(1) in respect of the public benefit application.
A day is not counted for the purposes of section 100P in relation to review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if the day occurs:
on or after the day a public benefit application is made in relation to the notification; and
on or before the day on which the Commission:
decides under section 51ABZV to cease considering the public benefit application; or
makes a determination under subsection 51ABZW(1) in respect of the public benefit application.
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