Competition and Consumer Act 2010

The notifying party of a notification of an acquisition may apply to the Commission for a determination that the acquisition would be of public benefit, if:

both:

the Commission has made a determination under paragraph 51ABZE(1)(a) in respect of the notification that includes conditions; and

the acquisition has not been put into effect; or

the Commission has made a determination under paragraph 51ABZE(1)(b) in respect of the notification.

The application must be:

made no later than 21 days after the Commission makes the determination; and

made in writing; and

accompanied by the fee (if any) determined under subsection (3) for the purposes of this paragraph in relation to the application.

The Minister may, by legislative instrument, determine a fee for the purposes of paragraph (2)(c) in relation to the application.

To avoid doubt, the application is taken not to be made before the fee (if any) required by paragraph (2)(c) of this section is paid.

If the application is made in accordance with subsection (2), it is a public benefit application in relation to the notification.

Subject to paragraph 51ABZR(1)(a), subsection 51ABZS(5) and paragraph 51ABZT(2)(a), the effective application date of the application is the day the application is made.

The Commission must give the notifying party written notice:

that the Commission has received the application; and

of the effective application date.