Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 10.28

  (1)   If the Registrar is satisfied:

  (a)   that an application has properly been made for the provisional registration of a conference agreement; and

  (aa)   in the case of an outwards conference agreement--that subsection   10.27A(1) has been complied with, or does not apply to the agreement; and

  (ab)   in the case of an inwards conference agreement--that subsection   10.27A(2) has been complied with, or does not apply to the agreement; and

  (b)   in the case of an outwards conference agreement--that the agreement complies with section   10.06 (application of Australian law to outwards conference agreements and withdrawal from agreements) or, if the agreement varies or otherwise affects another conference agreement, that the other conference agreement as varied or affected complies with that section; and

  (ba)   in the case of an inwards conference agreement that was in force at the commencement of this paragraph--that there are no circumstances that, under the regulations, are taken to be special circumstances for the purposes of this paragraph; and

  (c)   that provisional registration of the agreement is not prevented by one or more of the following provisions:

  (i)   section   10.38 (application for registration to be returned where request for confidentiality refused etc.);

  (ii)   section   10.39 (application also to be made for registration of varying agreements);

  (iii)   subsection   10.40(1) (notification of happening of affecting events prior to final registration etc.);

the Registrar shall, within 14 days after the making of the application, provisionally register the agreement by entering in the register of conference agreements:

  (d)   particulars of the agreement; and

  (e)   a notation to the effect that the agreement has been provisionally registered.

  (2)   If the Registrar is not so satisfied, the Registrar shall, within that 14 day period, refuse to provisionally register the agreement.

  (3)   When the Registrar provisionally registers the agreement or refuses to provisionally register the agreement, the Registrar shall immediately notify the applicants.

  (4)   If the Registrar provisionally registers the agreement, the Registrar must give the Commission a copy of:

  (a)   the complete copy of the agreement referred to in paragraph   10.27(1)(a); and

  (b)   the written memorandum referred to in paragraph   10.27(1)(b).