Applications for review
101 Applications for review
A person dissatisfied with a determination by the Commission under Division 1 of Part VII:
in relation to an application for an authorisation or a minor variation of an authorisation; or
in relation to the revocation of an authorisation, or the revocation of an authorisation and the substitution of another authorisation;
may, as prescribed and within the time allowed by or under the regulations or under subsection (1B), as the case may be, apply to the Tribunal for a review of the determination.
Subsection (1) does not apply to a determination under subsection 89(1A).
If:
the person applying under subsection (1) for review of a determination was the applicant for an authorisation, or for the minor variation of an authorisation, for the revocation of an authorisation or for the revocation of an authorisation and the substitution of another authorisation; or
the Tribunal is satisfied that the person has a sufficient interest;
the Tribunal must review the determination.
Where a person has, whether before or after the commencement of this subsection, made an application under subsection (1) for a review of a determination, the Tribunal may, if the Tribunal determines it to be appropriate, make a determination by consent of the applicant, the Commission, and all persons who have been permitted under subsection 109(2) to intervene in the proceedings for review, whether or not the Tribunal is satisfied of the matters referred to in subsection 90(7).
A presidential member may, on the application of a person concerned:
in an application for an overseas merger authorisation; or
in an application for a minor variation or a revocation of such an authorisation; or
in an application for the revocation of such an authorisation and the substitution of another authorisation;
shorten the time allowed by or under the regulations within which an application under subsection (1) may be made for a review of the determination by the Commission of the application referred to in paragraph (a), (b) or (c) if the member is satisfied that special circumstances exist and that, in all the circumstances, it would not be unfair to do so.
The regulations may make it a requirement that a person applying under subsection (1) for review of a determination relating to a merger authorisation give an undertaking under section 87B that the person will not make the acquisition to which the authorisation relates while the Tribunal is considering the application.
Subsections 90(7), 91A(4) and (4A), 91B(5) and 91C(7) apply in relation to the Tribunal in like manner as they apply in relation to the Commission.
This provision refers to the regulations (the regulations
, The regulations may make
). Made under this Act:
- Australian Competition and Consumer Commission (Allowances) Regulations · under s 172
- Competition and Consumer Regulations 2010 · under s 172
- Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009 · under s 172(1)
23 more instruments made under this Act are listed on the Act’s overview.
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