Competition and Consumer Act - Australia

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If an application for review of a decision (however described) is made under this Part, the Tribunal must notify the decision maker of the application.

      (2) If the application is made under section 44K, 44L, 44LJ, 44LK or 44O, the Tribunal must also notify the Council of the application.

      Decision maker to give material to Tribunal

      (3) The decision maker must give the following information to the Tribunal within the period specified by the Tribunal:

      (a) if the decision is taken to have been made because of the operation of subsection 44H(9), 44J(7), 44LG(6), 44LI(7), 44N(4) or 44NB(3A) — all of the information that the Council took into account in connection with making the recommendation to which the decision under review relates;

      (b) if the decision is taken to have been made because of the operation of subsection 44PD(6), 44XA(6) or 44ZZBC(6) — any information or documents given to the Commission in connection with the decision to which the review relates, other than information or documents in relation to which the Commission could not have regard because of subparagraph 44PE(6)(c)(iii) or 44ZZBD(6)(c)(iii);

      (c) otherwise — all of the information that the decision maker took into account in connection with the making of the decision to which the review relates.

      Tribunal may request further information

      (4) The Tribunal may request such information that the Tribunal considers reasonable and appropriate for the purposes of making its decision on a review under this Part.

      (5) A request under subsection (4) must be made by written notice given to a person specifying the information requested and the period within which the information must be given to the Tribunal.

      (6) The Tribunal must:

      (a) give a copy of the notice to:

      (i) the person who applied for review; and

      (ii) if the application is made under section 44K, 44L, 44LJ, 44LK or 44O — the Council; and

      (iii) if the application is made under section 44PG, 44PH, 44ZP, 44ZX or 44ZZBF — the Commission; and

      (iv) any other person who has been made a party to the proceedings for review by the Tribunal; and

      (b) publish, by electronic or other means, the notice.

      (7) Without limiting the information that may be given in accordance with the notice, information may include information that could not have reasonably been made available to the decision maker at the time the decision under review was made.

      Certain material before the Tribunal not to be disclosed

      (8) The Tribunal may, on the application of a person, prohibit or restrict the disclosure of the contents of a document or other information given to the Tribunal under this section if the Tribunal is satisfied that it is desirable to do so because of the confidential nature of the document or other information, or for any other reason.

      (9) In this section:

      decision maker, in relation to an application for review under this Part, means:

      (a) if the application was made under section 44K, 44L, 44LJ or 44LK — the designated Minister; or

      (b) if the application was made under section 44O — the Commonwealth Minister; or

      (c) if the application was made under section 44PG, 44PH, 44ZP, 44ZX, or 44ZZBF — the Commission.

      44ZZOAA Tribunal only to consider particular material

      For the purposes of a review under this Part, the Tribunal:

      (a) subject to paragraph (b), must have regard to:

      (i) information that was given to the Tribunal under subsection 44ZZOAAA(3); and

      (ii) any information given to the Tribunal in accordance with a notice given under subsection 44ZZOAAA(5); and

      (iii) any thing done as mentioned in subsection 44K(6), 44L(5), 44LJ(5), 44LK(5), 44O(5), 44PG(5), 44PH(5), 44ZP(5), 44ZX(5) or 44ZZBF(5); and

      (iv) any information or report given to the Tribunal in relation to the review under subsection 44K(6A), 44L(5A), 44LJ(6), 44LK(6), 44O(5A), 44PG(5A), 44PH(5A), 44ZP(5A), 44ZX(5A) or 44ZZBF(5A) within the specified period; and

      (b) may disregard:

      (i) any information given to the Tribunal in response to a notice given under subsection 44ZZOAAA(5) after the period specified in the notice has ended; and

      (ii) any information or report of the kind specified in a notice under subsection 44K(6A), 44L(5A), 44LJ(6), 44LK(6), 44O(5A), 44PG(5A), 44PH(5A), 44ZP(5A), 44ZX(5A) or 44ZZBF(5A) that is given to the Tribunal after the specified period has ended.

      44ZZOA Time limit for Tribunal decisions

      (1) The Tribunal must make a decision on a review under this Part within the consideration period.

      (2) The consideration period is a period of 180 days (the expected period), starting at the start of the day the application for review is received, unless the consideration period is extended under subsection (7).

      Stopping the clock

      (3) In working out the expected period in relation to an application for review, in a situation referred to in column 1 of an item of the following table, disregard any day in a period:

      (a) starting on the day referred to in column 2 of the item; and

      (b) ending on the day referred to in column 3 of the item.

      Stopping the clock Item Column 1

      Situation Column 2

      Start day Column 3

      End day 1 An agreement is made in relation to the application under subsection (5) The first day of the period specified in the agreement The last day of the period specified in the agreement 2 A notice is given under subsection 44ZZOAAA(5) requesting information in relation to the decision to which the application relates The day on which the notice is given The last day of the period specified in the notice for the giving of the information 3 A notice is given under subsection 44K(6A), 44L(5A), 44LJ(6), 44LK(6), 44O(5A), 44PG(5A), 44PH(5A), 44ZP(5A), 44ZX(5A) or 44ZZBF(5A) requiring information or a report to be given in relation to the review The day on which the notice is given The last day of the period specified in the notice for the giving of the information or the report

      (4) Despite subsection (3), do not disregard any day more than once.

      Stopping the clock by agreement

      (5) The following may agree in writing that a specified period is to be disregarded in working out the expected period:

      (a) the Tribunal;

      (b) the person who applied for review;

      (c) if the application is made under section 44K, 44L, 44LJ, 44LK or 44O — the Council;

      (d) if the application is made under section 44PG, 44PH, 44ZP, 44ZX or 44ZZBF — the Commission;

      (e) any other person who has been made a party to the proceedings for review by the Tribunal.

      (6) The Tribunal must publish, by electronic or other means, the agreement.

      Extension of time for making decision

      (7) If the Tribunal is unable to make a decision on an application for review within the consideration period (whether it is the expected period or the consideration period as previously extended under this subsection), it must, by notice in writing to the designated Minister, extend the consideration period by a specified period.

      (8) The notice must:

      (a) specify when the Tribunal must now make its decision on the application for

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