Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 93AC

Commission's objection notice--cartel provisions

  (1)   If:

  (a)   a corporation gives the Commission a collective bargaining notice under subsection   93AB(1A) in relation to a contract, or proposed contract, containing a cartel provision of the kind referred to in that subsection; and

  (b)   the Commission is satisfied that any benefit to the public that has resulted or is likely to result or would result or be likely to result from the provision does not or would not outweigh the detriment to the public that has resulted or is likely to result or would result or be likely to result from the provision;

the Commission may give the corporation a written notice (the objection notice ) stating that it is so satisfied.

Commission's objection notice--competition provisions

  (2)   If a corporation gives the Commission a collective bargaining notice under subsection   93AB(1) in relation to a contract, or proposed contract, containing a provision of the kind referred to in paragraph   45(1)(a) or (b), then the Commission may, if it is satisfied that:

  (a)   the provision has or would have the purpose, or has or is likely to have or would have or be likely to have the effect, of substantially lessening competition (within the meaning of section   45); and

  (b)   in all the circumstances, either:

  (i)   the provision has not resulted or is not likely to result, or would not result or be likely to result, in a benefit to the public; or

  (ii)   any benefit to the public that has resulted or is likely to result, or would result or be likely to result, from the provision does not or would not outweigh the detriment to the public constituted by any lessening of competition that has resulted or is likely to result, or would result or be likely to result, from the provision;

give the corporation a written notice (the objection notice ) stating that it is so satisfied.

Commission's objection notice--non - compliance with conditions

  (2A)   If:

  (a)   a corporation gives the Commission a collective bargaining notice that relates (wholly or partly) to collective boycott conduct or proposed collective boycott conduct; and

  (b)   the Commission has given the corporation a notice under subsection   93ACA(1) imposing conditions relating to the conduct or proposed conduct; and

  (c)   the Commission is satisfied that the corporation has failed to comply with those conditions;

the Commission may give the corporation a written notice (the objection notice ) stating that the Commission is so satisfied.

Reasons for objection notice

  (3)   The Commission must, at the time it gives a corporation an objection notice, give the corporation a written statement of its reasons for giving the notice.

Conference before objection notice

  (4)   The Commission must comply with section   93A (conferences about draft objection notices) before giving an objection notice.

Commission to seek additional information

  (5)   For the purposes of deciding whether or not to give an objection notice:

  (a)   the Commission must seek such relevant information as it considers reasonable and appropriate; and

  (b)   the Commission may make a decision on the basis of:

  (i)   any information so obtained; or

  (ii)   any other information given to it by the corporation or any other person; or

  (iii)   any other information in its possession.