Competition and Consumer Act 2010

The Commission may, in writing, vary or revoke a prohibited conduct recommendation.

The Commission cannot make a variation or revocation under subsection (1) later than 45 days after:

unless paragraph (b) applies—the day on which the Commission made the prohibited conduct recommendation; or

if there has been a previous variation of the prohibited conduct recommendation under this section—the day on which the Commission made the previous variation.

The Commission cannot make a variation or revocation under subsection (1) if:

the Treasurer has made a contracting order in relation to the prohibited conduct recommendation; or

the Treasurer has applied to the Court for a divestiture order in relation to the prohibited conduct recommendation.

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

the variation is minor or insubstantial; or

all of the following conditions are met:

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

the variation is reasonably necessary to address the circumstances described in subparagraph (i); or

the variation is reasonably necessary to address information that was not in existence, or that the Commission did not have, when the prohibited conduct notice was given.

A variation or revocation under subsection (1) must state the day on which it is made.

The Commission must give a copy of a variation or revocation under subsection (1) to the Treasurer as soon as practicable after making it.

A variation or revocation under subsection (1) is not a legislative instrument.

Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to a prohibited conduct recommendation.