Competition and Consumer Act 2010

If the Commission makes a decision under subsection 44PC(1) or (2), the following persons may apply in writing to the Tribunal for review of the decision:

for either decision—the applicant under subsection 44PA(1) or any other person whose interests are affected by the decision;

for a decision under subsection 44PC(2)—the provider of the service.

The person must apply for review within 21 days after the Commission publishes its decision.

The review by the Tribunal is a reconsideration of the matter based on the information, reports and things referred to in section 44ZZOAA.

There are limits on the information to which the Tribunal may have regard (see section 44ZZOAA) and time limits that apply to the Tribunal’s decision on the review (see section 44ZZOA).

For the purposes of the review, the Tribunal has the same powers as the Commission.

The member of the Tribunal presiding at the review may require the Commission to give assistance for the purposes of the review.

Without limiting subsection (5), the member may, by written notice, require the Commission to give information, and to make reports, of a kind specified in the notice, within the period specified in the notice, for the purposes of the review.

The Tribunal must:

give a copy of the notice to:

the person who applied for review; and

the person who made the application under subsection 44PA(1) requesting approval of a tender process as a competitive tender process; and

for a review of a decision under subsection 44PC(2)—the provider of the service; and

any other person who has been made a party to the proceedings for review by the Tribunal; and

publish, by electronic or other means, the notice.

The Tribunal must, by writing, affirm or set aside the Commission’s decision.