Competition and Consumer Act 2010

The Commission is taken to determine under paragraph 51ABZW(1)(b), at the end of the determination period for a public benefit application, not to make the determination applied for, unless the Commission makes a determination in respect of the application under subsection 51ABZW(1) before the end of that period.

If a public benefit application in relation to a notification of an acquisition has an effective application date, the determination period for the application:

starts on the effective application date; and

subject to paragraph 51ABZT(2)(b), subsections 51ABZZA(4) and 51ABZZB(4) and section 51ABZZE (extensions of determination periods)—ends 50 business days after it starts.

Subsection (4) of this section applies if:

the Commission purports to make a determination in respect of a public benefit application under subsection 51ABZW(1) before the end of the determination period; and

the determination is invalid, or a court:

sets the determination aside; or

remits the decision to make the determination back to the Commission to be remade.

A reference in subsection (1) of this section to making a determination before the end of the determination period includes a reference to purportedly making the determination as mentioned in paragraph (3)(a).

The effect of this subsection is that the invalidity etc. does not result in the Commission being taken to have made a determination under subsection (1) at the end of the determination period.