Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 154ZQ

  (1)   The Minister may, in writing, grant the approval if:

  (a)   where the approval is to be subject to conditions:

  (i)   the Minister has given the entity a notice under subsection   154ZR(3) setting out those conditions; and

  (ii)   14 business days have passed since that notice was given; and

  (b)   the Minister is satisfied that it is appropriate to grant the approval.

Considerations

  (2)   For the purposes of being satisfied that it is appropriate to grant the approval, the Minister must have regard to the following matters:

  (a)   the experience and ability of the applicant in representing the interests of consumers or small businesses (or both) in Australia in relation to a range of market issues that affect them;

  (b)   the extent to which the Minister is satisfied that the applicant will, if approved as a designated complainant, act with integrity in connection with being a designated complainant;

  (c)   any other matter prescribed under paragraph   (4)(a).

  (3)   The Minister may also have regard to the following matters:

  (a)   any matter prescribed under paragraph   (4)(b);

  (b)   any other matter the Minister considers relevant.

  (4)   For the purposes of paragraphs   (2)(c) and (3)(a), the designated complaints determination may prescribe matters to which the Minister:

  (a)   must have regard; or

  (b)   may have regard.

Maximum number of designated complainants

  (5)   However, the Minister must not grant the approval if doing so would result in the number of designated complainants being above the limit prescribed in the designated complaints determination.