Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 93AG

  (1)   The Commission may give a corporation a written notice (a stop notice ) if:

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

  (b)   the collective bargaining notice is in force under section   93AD; and

  (c)   there has been a material change of circumstances since:

  (i)   if the Commission has previously given the corporation notice under this subsection in relation to the collective boycott conduct--that notice was given; or

  (ii)   in any other case--the collective bargaining notice came into force; and

  (d)   the Commission reasonably believes that:

  (i)   the collective boycott conduct has resulted in serious detriment to the public; or

  (ii)   serious detriment to the public is imminent as a result of the collective boycott conduct.

  (2)   The Commission must, in or with the stop notice, give the corporation a written statement of its reasons for giving the stop notice.

  (3)   While the stop notice is in force, the collective bargaining notice is taken, for the purposes of this Act, not to be in force under section   93AD to the extent that the collective bargaining notice relates to collective boycott conduct.

  (4)   The stop notice comes into force at the time the Commission gives the corporation the stop notice.

  (5)   The stop notice ceases to be in force at the earliest of the following times:

  (a)   at the end of the period provided under subsection   (6);

  (b)   if, before the end of that period, the Commission gives the corporation an objection notice under subsection   93AC(1) or (2) that relates to the collective bargaining notice--when that objection notice is given;

  (c)   if, before the end of that period, the Commission gives the corporation a notice under subsection   93ACA(1) imposing conditions relating to conduct or proposed conduct that relates to the collective bargaining notice--when that notice under subsection   93ACA(1) is given;

  (d)   if the Commission withdraws the stop notice--when it is withdrawn.

  (6)   For the purposes of paragraph   (5)(a), the period is:

  (a)   the period of 90 days beginning on the day the Commission gives the corporation the stop notice; or

  (b)   if the Commission extends it under subsection   (7)--that period as so extended.

  (7)   Before the end of the period referred to in paragraph   (6)(a), the Commission may extend the period by up to a further 90 days:

  (a)   if satisfied that in all the circumstances it is reasonable to do so; and

  (b)   by giving written notice of the extended period to the corporation.

  (8)   The Commission must, in or with the notice under subsection   (7), give the corporation a written statement of its reasons for giving the notice.