Competition and Consumer Act 2010

The Commission may decide, in writing, that a public benefit application in relation to a notification of an acquisition should be taken not to have an effective application date, if:

the Commission has not made a determination in respect of the application under subsection 51ABZW(1); and

the Commission is satisfied that subsection (2) of this section applies to the application.

This subsection applies to the application if it:

is materially incomplete; or

is materially misleading; or

contains information that is false in a material particular.

The decision must be made within a reasonable period after the Commission begins to be satisfied that subsection (2) applies to the application.

In considering whether subsection (2) applies to the public benefit application, the Commission may have regard to:

the extent to which the application is made in the form determined under paragraph (5)(a) for the purposes of this paragraph in relation to the application; or

the extent to which the application includes, or is accompanied by, any information or documents determined under paragraph (5)(b) for the purposes of this paragraph in relation to the application; or

any additional information or documents given to the Commission as mentioned in section 51ABZS in response to any previous decision under subsection (1) of this section in relation to the application; or

any change of fact:

of which the Commission becomes aware after the notification is made; and

that is material to the Commission making a determination under subsection 51ABZW(1) in respect of the application.

The Minister may, in writing, determine:

a form for the purposes of paragraph (4)(a) of this section in relation to the application; or

information or documents for the purposes of paragraph (4)(b) of this section in relation to the application.

A determination made under subsection (5) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.

To avoid doubt subsection (2) can apply to the application after the application is made (for example, because of a change of fact) even if subsection (2) did not apply to the application when the application was made.