a determination made under subsection 51ABZE(1) in respect of the notification; or

a determination made under subsection 51ABZW(1) in respect of a public benefit application relating to the notification.

a provision of Division 1A of Part IV;

a provision of Part IVA;

a provision of Division 1B of Part IX;

another provision of this Act, to the extent that it relates to a provision covered by paragraph (a), (b) or (c).

for a notification of an acquisition—has the meaning given by subsection 51ABZI(3); and

for a public benefit application—has the meaning given by subsection 51ABZZ(2).

the contract is for the sale of a business or of shares in the capital of a body corporate carrying on a business; and

the provision is solely for the protection of the purchaser in respect of the goodwill of the business.

to an acquisition—has the meaning given by subsections 51ABI(1) and (2); and

to a contract that is a covenant—includes a person bound by, or entitled to the benefit of, the covenant.

an acquisition that results from the acceptance of an offer under the bid; or

(b) an acquisition, by or on behalf of the bidder (within the meaning of the Corporations Act 2001), of securities in the bid class (within the meaning of that Act), that:

results from an on-market transaction (within the meaning of that Act); and

occurs during the bid period.

the acquisitions provisions;

any references in the acquisitions provisions to an acquisition were, by express provision, confined to an acquisition put into effect:

in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or

in the course of, or in relation to, trade or commerce among the States; or

in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and

each reference in the acquisitions provisions (other than in paragraph 51ABC(2)(b)) to a corporation included a reference to a person not being a corporation.

any references in the acquisitions provisions to an acquisition were, by express provision, confined to an acquisition to the extent to which putting the acquisition into effect involves the use of, or relates to, a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and

each reference in the acquisitions provisions to a corporation (other than in paragraph 51ABC(2)(b)) included a reference to a person not being a corporation.

(a) any references in the acquisitions provisions to an acquisition were, by express provision, confined to an acquisition to the extent to which the acquisition is put into effect in, or relates to, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); and

each reference in the acquisitions provisions (other than in paragraph 51ABC(2)(b)) to a corporation included a reference to a person not being a corporation.

in any case—a presidential member of the Tribunal and 2 members of the Tribunal who are not presidential members; or

if the proceedings are proceedings on a review under Division 1A of Part IX—a presidential member of the Tribunal.

the person is a principal party to an acquisition; and

the acquisition is required to be notified; and

the acquisition is put into effect; and

when the acquisition is put into effect:

the acquisition is not a notified acquisition; or

no notification of the acquisition has an effective notification date (see section 51ABZ); or

the latest notification of the acquisition that has an effective notification date is stale.

a person is the notifying party of a notification of an acquisition; and

a change of fact occurs; and

the change of fact is material to the Commission making a determination under subsection 51ABZE(1) in respect of the notification; and

the person becomes aware of the change of fact at a time:

occurring on or after the effective notification date of the notification; and

at which the Commission has not decided to cease considering the notification under section 51ABZD; and

at which the Commission has not made a determination in respect of the notification under subsection 51ABZE(1); and

if the notification is subject to phase 2 review—occurring at least 15 business days (within the meaning of section 51ABK) before the end of the phase 2 determination period for the notification.

aware of the change of fact; and

aware that the change of fact is material in the way described in paragraph (1)(c).

a person is the notifying party of a notification of an acquisition; and

the notifying party has made a public benefit application in relation to the notification; and

a change of fact occurs; and

the change of fact is material to the Commission making a determination under subsection 51ABZW(1) in respect of the application; and

the person becomes aware of the change of fact at a time:

occurring on or after the effective application date of the application; and

at which the Commission has not decided to cease considering the application under section 51ABZV; and

at which the Commission has not made a determination under subsection 51ABZW(1) in respect of the application.

aware of the change of fact; and

aware that the change of fact is material in the way described in paragraph (3)(d).

if the person is the only notifying party of the notification of the acquisition—the person; or

otherwise—all of the notifying parties jointly.

the person puts an acquisition into effect; and

the acquisition is stayed.

the person gives information to the Commission or the Tribunal under an acquisitions provision; and

the information is false or misleading in a material particular; and

the person knows that, or is reckless as to whether, the information is false or misleading in a material particular.

a notified acquisition; or

an acquisition that is put into effect on or after 1 January 2026.

an acquisition by a corporation of shares in the capital of a body corporate;

an acquisition by a corporation of any assets of a person;

an acquisition by a corporation of anything determined under paragraph (2)(a) of this section;

an acquisition of shares in the capital of a corporation;

an acquisition of any assets of a corporation;

an acquisition of anything, relating to a corporation, determined under paragraph (2)(a).

a thing for the purposes of paragraphs (1)(c) and (f); or

a person or entity, in relation to an acquisition to which paragraph (1)(c) or (f) of this section applies, for the purposes of paragraph 51ABI(3)(c).

as if:

the trust were a body corporate; and

units in the trust were shares in the capital of the body corporate; and

with such other modifications as are determined under paragraph (3)(a) for the purposes of this paragraph in relation to the trust.

as if:

the scheme were a body corporate; and

interests in the scheme were shares in the capital of the body corporate; and

as if the body corporate were a corporation if the following person is a corporation:

if the scheme is a registered scheme (within the meaning of that Act)—the scheme’s responsible entity (within the meaning of that Act);

if the scheme is not a registered scheme—the holder of the office (by whatever name it is known) in relation to the scheme that corresponds most closely to the office of responsible entity of a registered scheme; and

with such other modifications as are determined under paragraph (3)(b) for the purposes of this paragraph in relation to the scheme.

modifications of the acquisitions provisions for the purposes of paragraph (1)(b) in relation to a unit trust; or

modifications of the acquisitions provisions for the purposes of paragraph (2)(c) in relation to a managed investment scheme.

in the ways referred to in section 4A (related bodies corporate); or

by means of trust or partnership.

the Commonwealth, a State or a Territory were a body corporate; and

each authority of the Commonwealth, a State or a Territory were a subsidiary of the Commonwealth, the State or the Territory.

is required to be notified; but

is not a notified acquisition.

the most recent determination under subsection 51ABZE(1) in respect of a notification of the acquisition is a determination that the acquisition must not be put into effect; and

since making that determination, the Commission has not made a determination under paragraph 51ABZW(1)(a) in respect of the notification.

the Commission has made a determination under subsection 51ABZE(1) in respect of the notification; and

the determination made under subsection 51ABZE(1) is no longer subject to review; and

if the determination made under subsection 51ABZE(1) includes conditions, or is a determination that the acquisition must not be put into effect:

in the case of a determination that includes conditions—a public benefit application in relation to the notification has not been made; or

in the case of a determination that the acquisition must not be put into effect—a public benefit application in relation to the notification has not been made, and the period during which such an application could be made has ended; or

in any case—a public benefit application in relation to the notification has been made, and the Commission has decided under section 51ABZV to cease considering the application; or

in any case—a public benefit application in relation to the notification has been made, the Commission has made a determination under subsection 51ABZW(1) in respect of the application, and the determination made under subsection 51ABZW(1) is no longer subject to review.

it does not have an effective notification date; or

the Commission has decided to cease considering the notification under section 51ABZD.

both:

an application has not been made under subsection 100C(1) for review of the determination; and

the period during which such an application could be made has ended; or

an application has been made under subsection 100C(1) for review of the determination, and:

the application has been withdrawn under subsection 100E(1) and the period during which a participant may apply for reinstatement of the application under subsection 100E(2) has ended without an application for reinstatement being made; or

the Tribunal has dismissed the application; or

the Tribunal has made a determination on the review under paragraph 100N(1)(a).

unless paragraph (b) of this section applies—makes a determination under paragraph 51ABZE(1)(a) in respect of the notification; or

if the Commission makes a determination under paragraph 51ABZW(1)(a) in respect of a public benefit application that relates to the notification—makes that determination.

both:

the most recent determination in respect of a notification of the acquisition under subsection 51ABZE(1) includes that condition; and

since making that determination, the Commission has not made a determination under paragraph 51ABZW(1)(a) in respect of the notification; or

both:

the most recent determination in respect of a notification of the acquisition under subsection 51ABZW(1) includes that condition; and

since making that determination, the Commission has not made a determination under subsection 51ABZE(1) in respect of a notification of the acquisition.

(a) the person (a principal party to the acquisition) who acquires the shares, assets or determined thing;

without limiting paragraph (a)—a person that is a party to a contract, arrangement or understanding pursuant to which the acquisition takes place.

of an acquisition of shares in the capital of a body corporate—is the body corporate; and

of an acquisition of any assets of a person—is the person; and

of an acquisition to which subparagraph 51ABB(1)(c) or (f) applies—is the person or entity determined under paragraph 51ABB(2)(b) for the purposes of this paragraph in relation to the acquisition.

(a) a listed company (within the meaning of the Corporations Act 2001); or

an unlisted company with more than 50 members (within the meaning of that Act); or

a listed registered scheme (within the meaning of that Act).

subsections (1) and (2) of this section; and

Subdivision B of Division 2 of this Part; and

Subdivision D of Division 6 of this Part.

a Saturday; or

a Sunday; or

a public holiday in the Australian Capital Territory; or

a day occurring between:

23 December in any year; and

the following 10 January.

a person enters into a contract, arrangement or understanding pursuant to which the person will acquire:

shares in the capital of a body corporate; or

any assets of another person; or

a thing determined under paragraph 51ABB(2)(a); and

the provisions of the contract, arrangement or understanding pursuant to which the acquisition is to take place do not become binding on the person until one or more conditions are met;

any kind of property;

a legal or equitable right that is not property;

without limiting paragraphs (a) and (b):

part of, or an interest in, an asset referred to in paragraph (a) or (b); or

goodwill or an interest in it; or

an interest in an asset of a partnership; or

an interest in a partnership that is not covered by subparagraph (iii).

land, or an interest in land; or

a patent, or an interest in a patent.

occurs in circumstances determined under subsection 51ABP(1) for the purposes of this paragraph in relation to the acquisition; or

is in a class of acquisitions determined under subsection 51ABQ(1) for the purposes of this paragraph.

the value of an acquisition or of a contract, arrangement or understanding; or

the turnover of a person, a business or part of a business; or

the level of concentration in a market; or

any assets of a person.

a party, or a class of parties, to an acquisition or to a contract, arrangement or understanding; or

an asset or a class of assets; or

a business or a class of businesses; or

a market or a class of markets; or

an industry or a class of industries; or

another acquisition, or a class of acquisitions.

the likely effect of making the instrument on:

the interests of consumers; and

promoting competition; and

the public interest;

the likely regulatory impact of requiring the class of acquisitions to which the determination relates to be notified;

any other matters the Minister considers relevant.

the Commission must:

analyse the matters; and

give to the Minister a written report of its analysis; and

the Minister must cause the report to be published on the Department’s website; and

the Minister must not make the instrument earlier than 60 days after the report is published.

subsection 51ABQ(4) of this Act; or

(b) Legislation Act 2003 (consultation requirements).section 17 of the

(a) immediately after the acquisition is put into effect, the person does not control (Corporations Act 2001) the body corporate; orwithin the meaning of section 50AA of the

the person controlled the body corporate immediately before the acquisition was put into effect.

(a) despite subsection 50AA(3) of the Corporations Act 2001, the person is taken to control the body corporate if the first person and one or more associates (within the meaning of Chapter 6 of that Act) jointly have the capacity referred to in subsection 50AA(3) of that Act in relation to the body corporate; and

disregard subsection 50AA(4) of that Act if the person is a special purpose vehicle; and

disregard paragraph 50AA(4)(b) of that Act to the extent it applies to a legal obligation the person has as a subsidiary of someone that is a body corporate.

any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise; or

any combination of 2 or more things that are schemes because of paragraph (a) or (b) of this subsection.

paragraph (1)(a) or (b) applies to the acquisition; and

the acquisition is in a class of acquisitions determined under subsection (6).

the size of an interest in a body corporate; or

the nature of a person’s control of a body corporate.

the body corporate is a Chapter 6 entity; and

(b) the acquisition does not result in someone’s voting power (within the meaning of the Corporations Act 2001) in the body corporate increasing:

from 20% or below to more than 20%; or

from a starting point that is above 20% and below 100%.

a person enters into a contract, arrangement or understanding pursuant to which the person will acquire shares in the capital of a Chapter 6 entity; and

the provisions of the contract, arrangement or understanding pursuant to which the acquisition is to take place do not become binding on the person until one or more conditions are met;

that the acquisition is not required to be notified; or

not to make the determination applied for.

comply with any requirements determined under subsection (3); and

subject to paragraph (a) of this subsection, have regard to:

the object of this Act; and

the interests of consumers; and

if circumstances are determined under subsection 51ABP(1)—the likelihood that, if the acquisition were put into effect, those circumstances would apply; and

the likelihood that the acquisition would, if put into effect, have the effect mentioned in paragraph 51ABZE(2)(c).

determine a requirement that, in specified circumstances, the Commission must not make the determination applied for; or

provide for review by the Tribunal of decisions made under subsection (1).

written notice of the determination under subsection (1); and

a written explanation of why it made the determination;

that the Commission has received the notification; and

of the effective notification date.

the notification is made in writing; and

the notification is accompanied by the fee (if any) determined under subsection (2) for the purposes of this paragraph in relation to the notification; and

the notification is made by:

if there is only one principal party to the acquisition—the principal party; or

otherwise—all of the principal parties jointly; and

any of the following subparagraphs apply when the notification is made:

the acquisition is to take place pursuant to a contract, arrangement or understanding that has been entered into;

the proposed contract, arrangement or understanding pursuant to which the acquisition is to take place has not been entered into, but all of the proposed parties to the contract, arrangement or understanding pursuant intend to enter into it;

the acquisition is to be a takeover acquisition in relation to a takeover bid and subsection (4) applies;

(iv) the acquisition is to take place pursuant to a proposed arrangement between a Corporations Act 2001, and the arrangement has been publicly proposed by the Part 5.1 body.Part 5.1 body and its creditors or any class of them, or between a Part 5.1 body and its members or any class of them, under Part 5.1 of the

the bid has been publicly proposed; or

the bid has been made; or

the proposed principal party, or all of the proposed principal parties, to the acquisition, intend:

(i) that the bid will be a bid to which paragraphs (c) and (d) of item 2 of the table in Corporations Act 2001 will apply; andsection 611 of the

to make a request under paragraph 51ABZZL(1)(d) of this Act in relation to the acquisition.

the proposed acquisitions may be notified in a single notification; and

the acquisitions provisions apply in relation to such a notification as if:

those acquisitions together constituted a single acquisition; and

each party to those acquisitions were a party to that single acquisition; and

each principal party to those acquisitions were a principal party to that single acquisition.

a reference in this Part (other than this Subdivision) to giving a notice to the notifying party of the notification of the acquisition is taken to be a reference to giving a notice to any of those notifying parties; and

a reference in this Part (other than this Subdivision) to the notifying party of the notification of the acquisition doing a thing (such as giving additional information or documents or making a request or application) is taken to be a reference to all of those notifying parties doing that thing jointly.

the notification is not subject to phase 2 review; and

the Commission has not made a determination in respect of the notification under subsection 51ABZE(1); and

the Commission is satisfied that subsection (2) of this section applies to the notification.

is materially incomplete; or

is materially misleading; or

contains information that is false in a material particular.

the extent to which the notification is in the form determined under paragraph (5)(a) for the purposes of this paragraph in relation to the notification; or

the extent to which the notification includes, or is accompanied by, any information or document determined under paragraph (5)(b) for the purposes of this paragraph in relation to the notification; or

any additional information or documents given to the Commission as mentioned in section 51ABZA in response to any previous determination under subsection (1) of this section in relation to the notification; or

any change of fact:

of which the Commission becomes aware after the notification is made; and

that is material to the Commission making a determination under Division 4 in respect of the notification.

a form for the purposes of paragraph (4)(a) in relation to the notification; or

information or documents for the purposes of paragraph (4)(b) in relation to the notification.

(a) the notification is taken never to have had an effective notification date; and

the Commission must give to the notifying party of the notification of the acquisition written notice of:

the decision; and

the grounds on which the Commission is satisfied that subsection 51ABY(2) applies to the notification.

because of a decision made under subsection 51ABY(1), the notification does not have an effective notification date; and

the notifying party of the notification gives the Commission additional information or documents in response to the decision.

in the case of information—the information is given in writing; and

the information or documents are accompanied by the fee (if any) determined under subsection (3) for the purposes of this paragraph in relation to the information or documents and the notification of the acquisition.

the Commission has not made a determination in respect of the notification under subsection 51ABZE(1); and

the Commission becomes aware of a change of fact.

if the notification is not subject to phase 2 review:

(i) decide that the effective notification date of the notification is the date on which the Commission becomes aware of the change of fact; or

decide that the phase 1 determination period for the notification is extended by the period mentioned in subsection (3); or

if the notification is subject to phase 2 review—decide that the phase 2 determination period for the notification is extended by the period mentioned in subsection (3).

starting on the day the Commission makes the decision under that subparagraph or paragraph; and

including:

each day on which the notifying party of the notification has not given to the Commission information or documents in response to the decision in accordance with subsection 51ABZC(2); and

the day (if any) on which the notifying party gives to the Commission information or documents in response to the decision in accordance with that subsection.

the 25 business days mentioned in section 51ABZK is increased by the number of days of the extension;

the period mentioned in paragraph 51ABZZE(3)(b) is extended by the same number of days.

the Commission has made a decision under subparagraph 51ABZB(2)(a)(ii) or paragraph 51ABZB(2)(b) in relation to the notification because of a material change of fact; and

the notifying party of the notification gives the Commission information or documents in response to the decision.

in the case of information—the information is given in writing; and

the information or documents are accompanied by the fee (if any) determined under subsection (3) for the purposes of this paragraph in relation to the information or documents and the notification of the acquisition.

the Commission must give written notice of the decision to the notifying party of the notification; and

Subdivision B of this Division, and Division 4, do not apply to the notification.

that the acquisition may be put into effect; or

that the acquisition must not be put into effect.

conditions (see section 51ABZF); or

declarations relating to goodwill protection provisions (see section 51ABZG).

the notification is subject to phase 2 review; and

the Commission has given a notice of competition concerns in relation to the notification in accordance with section 51ABZK; and

the Commission is satisfied that the acquisition, if put into effect, would, in all the circumstances, have the effect, or be likely to have the effect, of substantially lessening competition in any market.

the object of this Act; and

all relevant matters, including the interests of consumers.

written notice of the determination under subsection (1); and

a written statement of the Commission’s reasons for making the determination;

must have regard to all relevant matters; and

may have regard to:

the effect on the interests of consumers that compliance with the conditions would have, or be likely to have; or

without limiting subparagraph (i) of this paragraph—any consumer benefits that would result, or be likely to result from compliance with the conditions.

affect the application of any other provision of this Act in relation to the provision; or

limit the powers of the Commission or a court in relation to the provision of the contract, including the ability of the Commission to recognise or claim that paragraph 51(2)(e) does not apply to the provision.

the contract, arrangement or understanding, or proposed contract, arrangement or understanding, pursuant to which the acquisition is to take place;

the commercial relationships of the parties to the acquisition (and, if any of the parties is a body corporate, of a body corporate that is related to that party).

a reference in those subsections (other than in paragraph 46(8)(b)) to section 46 included a reference to this Part; and

a reference in those subsections to a market were a reference to a market (within the meaning of this Part).

(a) the acquisition (the current acquisition); and

any one or more acquisitions:

that are put into effect during the 3 years ending on the effective notification date of the notification of the current acquisition; and

the parties to which include any party to the current acquisition or, if a party to the current acquisition is a body corporate, include a body corporate that is related to that party; and

the targets of which are involved (directly or indirectly) in the supply or acquisition of the same goods or services or goods or services that are substitutable for, or otherwise competitive with, each other (disregarding any geographical factors or limitations).

if the notification is not subject to phase 2 review—the phase 1 determination period for the notification; or

if the notification is subject to phase 2 review—the phase 2 determination period for the notification.

starts on the effective notification date; and

subject to subparagraph 51ABZB(2)(a)(ii) and section 51ABZZE (extensions of determination periods), ends 30 business days after it starts.

starts immediately after the end of the phase 1 determination period for the notification; and

subject to paragraph 51ABZB(2)(b), subsections 51ABZK(5), 51ABZL(4) and 51ABZN(2) and section 51ABZZE (extensions of determination periods), ends 90 business days after it starts.

the Commission purports to make a determination in respect of a notification of an acquisition under subsection 51ABZE(1) before the end of the determination period; and

the determination is invalid, or a court:

sets the determination aside; or

remits the decision to make the determination back to the Commission to be remade.

the Commission is satisfied that the acquisition to which the notification relates, if put into effect, could, in all the circumstances, have the effect, or be likely to have the effect, of substantially lessening competition in any market; and

the Commission has not made a determination in respect of the notification under paragraph 51ABZE(1)(a).

(a) the notification is subject to phase 2 review; and

the Commission must give to the notifying party of the notification:

written notice of the decision, including the matters specified under subsection (3); and

written notice of the day by which, under paragraph (d) of this subsection, the fee (if any) mentioned in paragraph (c) must be paid; and

the Commission must not make a determination in respect of the notification of the acquisition under subsection 51ABZE(1) if the fee (if any) determined under paragraph (4)(a) of this section for the purposes of this paragraph in relation to the notification has not been paid; and

if the fee (if any) mentioned in paragraph (c) of this subsection is not paid on or before the day determined under paragraph (4)(b) for the purposes of this paragraph in relation to the notification—the Commission is taken to decide under subsection 51ABZD(2) on that day to cease considering the notification (if the Commission has not already made a decision under section 51ABZD to cease considering the notification).

identify the parties to the acquisition, and describe the economic activities in which they engage;

explain the Commission’s satisfaction, including specifying:

the nature of the theory of harm that is the basis for the Commission’s satisfaction; and

the matters the Commission intends to investigate before making a determination in respect of the notification under subsection 51ABZE(1).

a fee for the purposes of paragraph (2)(c) in relation to the notification; or

a day for the purposes of paragraph (2)(d) in relation to the notification.

the Commission’s preliminary assessment of whether the acquisition, if put into effect, would have the effect, or be likely to have the effect, of substantially lessening competition in any market; and

the grounds on which the Commission makes the assessment, referring to the evidence or other material on which those grounds are based.

no later than the 25th business day after the start of the phase 2 determination period for the notification of the acquisition; or

if it is not practicable to give the notice of competition concerns by that day—as soon as practicable after that 25th business day.

if the notifying party of the notification agrees in writing to this paragraph applying in relation to the notification—the phase 2 determination period is extended by the number of business days to which subsection (6) of this section applies (not including a day occurring on or after the day, if any, on which the notifying party withdraws its agreement);

in any case (but subject to subsection (7) of this section)—the 15 business days mentioned in subsections 51ABZZD(3) and (5) are reduced by the number of business days to which subsection (6) of this section applies;

in any case—the period mentioned in paragraph 51ABZZE(3)(b) is extended by the number of business days to which subsection (6) of this section applies.

the day occurs after the 25th business day after the start of the phase 2 determination period for the notification of the acquisition; and

the Commission does not give the notice of competition concerns on or before the day.

must give the notifying party a reasonable opportunity to make, during the period:

starting on the day on which the Commission gives the notice of competition concerns; and

ending on the 25th business day after that day;

subject to subsection (2) of this section, in making a determination under subsection 51ABZE(1) in respect of the notification of the acquisition, must not take into account submissions received, as mentioned in paragraph (a) of this subsection, after that period.

the notifying party may, in writing, before the end of the period during which the notifying party may make submissions to the Commission in relation to the notice of competition concerns, request the Commission to extend the period; and

if the notifying party does so, the Commission may, by written notice given to the notifying party, extend the period.

the phase 2 determination period for the notification;

the period mentioned in paragraph 51ABZZE(3)(b).

the notification is subject to phase 2 review; and

the Commission has not made a determination in respect of the notification under subsection 51ABZE(1).

starting on the day the Commission makes the decision under this subsection; and

including:

each day on which the notifying party of the notification has not given to the Commission information or documents in response to the decision in accordance with subsection 51ABZO(2); and

the day (if any) on which the notifying party gives to the Commission information or documents in response to the decision in accordance with subsection 51ABZO(2).

the notification:

is materially misleading; or

contains information that is false in a material particular; or

any information the notifying party gives to the Commission under an acquisitions provision in relation to the notification is false in a material particular.

the 25 business days mentioned in section 51ABZK is increased by the number of days of the extension;

the period mentioned in paragraph 51ABZZE(3)(b) is extended by the same number of days.

the Commission has made a decision under subsection 51ABZN(2) in relation to the notification; and

the notifying party of the notification gives the Commission information or documents in response to the decision.

in the case of information—the information is given in writing; and

the information or documents are accompanied by the fee (if any) determined under subsection (3) for the purposes of this paragraph in relation to the information or documents and the notification of the acquisition.

both:

the Commission has made a determination under paragraph 51ABZE(1)(a) in respect of the notification that includes conditions; and

the acquisition has not been put into effect; or

the Commission has made a determination under paragraph 51ABZE(1)(b) in respect of the notification.

made no later than 21 days after the Commission makes the determination; and

made in writing; and

accompanied by the fee (if any) determined under subsection (3) for the purposes of this paragraph in relation to the application.

that the Commission has received the application; and

of the effective application date.

the Commission has not made a determination in respect of the application under subsection 51ABZW(1); and

the Commission is satisfied that subsection (2) of this section applies to the application.

is materially incomplete; or

is materially misleading; or

contains information that is false in a material particular.

the extent to which the application is made in the form determined under paragraph (5)(a) for the purposes of this paragraph in relation to the application; or

the extent to which the application includes, or is accompanied by, any information or documents determined under paragraph (5)(b) for the purposes of this paragraph in relation to the application; or

any additional information or documents given to the Commission as mentioned in section 51ABZS in response to any previous decision under subsection (1) of this section in relation to the application; or

any change of fact:

of which the Commission becomes aware after the notification is made; and

that is material to the Commission making a determination under subsection 51ABZW(1) in respect of the application.

a form for the purposes of paragraph (4)(a) of this section in relation to the application; or

information or documents for the purposes of paragraph (4)(b) of this section in relation to the application.

(a) the application is taken never to have had an effective application date; and

the Commission must give to the notifying party of the notification of the acquisition written notice:

of the decision; and

the grounds on which the Commission is satisfied that subsection 51ABZQ(2) applies to the application.

because of a decision made under subsection 51ABZQ(1), the application does not have an effective application date; and

the notifying party of the notification gives the Commission additional information or documents in response to the decision.

in the case of information—the information is given in writing; and

the information or documents are accompanied by the fee (if any) determined under subsection (3) for the purposes of this paragraph in relation to the information or documents and the application.

the Commission has not made a determination in respect of the application under subsection 51ABZW(1); and

the Commission becomes aware of a change of fact.

(a) decide that the effective application date of the application is the date on which the Commission becomes aware of the change of fact; or

decide that the determination period for the application is extended by the period mentioned in subsection (3) of this section.

starting on the day the Commission makes the decision under that paragraph; and

including:

each day on which the notifying party of the notification has not given to the Commission information or documents in response to the decision in accordance with subsection 51ABZU(2); and

the day (if any) on which the notifying party gives to the Commission information or documents in response to the decision in accordance with that subsection.

the 20 business days mentioned in section 51ABZZA is increased by the same number of days as the extension;

the period mentioned in paragraph 51ABZZE(3)(c) is extended by the same number of days.

the Commission has made a decision under paragraph 51ABZT(2)(b) in relation to the application because of a material change of fact; and

the notifying party of the notification gives the Commission information or documents in response to the decision.

in the case of information—the information is given in writing; and

the information or documents are accompanied by the fee (if any) determined under subsection (3) for the purposes of this paragraph in relation to the information or documents and the application.

the Commission must give written notice of its decision to the notifying party of the notification; and

Subdivisions B, D and F do not apply to the application.

that the acquisition would be of public benefit; or

not to make the determination applied for.

the acquisition would, in all the circumstances, result, or be likely to result, in a benefit to the public; and

the benefit would, in all the circumstances, outweigh the detriment to the public that would result, or be likely to result, from the acquisition.

the object of this Act; and

all relevant matters, including the interests of consumers.

written notice of the determination made under subsection (1); and

a written statement of the Commission’s reasons for making the determination;

must have regard to all relevant matters; and

may have regard to:

the effect on the interests of consumers that compliance with the conditions would have, or be likely to have; or

without limiting subparagraph (i) of this paragraph—any consumer benefits that would result, or be likely to result from compliance with the conditions.

the acquisition would, in all the circumstances, result, or be likely to result, in a benefit to the public; and

the benefit would, in all the circumstances, outweigh the detriment to the public that would result, or be likely to result, from the acquisition.

starts on the effective application date; and

subject to paragraph 51ABZT(2)(b), subsections 51ABZZA(4) and 51ABZZB(4) and section 51ABZZE (extensions of determination periods)—ends 50 business days after it starts.

the Commission purports to make a determination in respect of a public benefit application under subsection 51ABZW(1) before the end of the determination period; and

the determination is invalid, or a court:

sets the determination aside; or

remits the decision to make the determination back to the Commission to be remade.

the Commission’s preliminary assessment of the benefits and detriments to the public that the Commission has identified could result, or be likely to result, from the acquisition, including an assessment of the significance of those benefits and detriments; and

the grounds on which the Commission makes the assessment, referring to the evidence or other material on which those grounds are based.

no later than the 20th business day after the effective application date of the application; or

if it is not practicable to give the public benefit assessment by that day—as soon as practicable after that 20th business day.

if the notifying party of the notification of the acquisition agrees in writing to this paragraph applying in relation to the application—the determination period for the application is extended by the number of business days to which subsection (5) of this section applies (not including a day occurring on or after the day, if any, on which the notifying party withdraws its agreement);

in any case (but subject to subsection (6) of this section)—the 15 business days mentioned in subsections 51ABZZD(3) and (5) are reduced by the number of business days to which subsection (5) of this section applies;

in any case—the period mentioned in paragraph 51ABZZE(3)(c) is extended by the number of business days to which subsection (5) of this section applies.

the day occurs after the 20th business day after the effective application date of the application; and

the Commission does not give the public benefit assessment on or before the day.

must give the notifying party a reasonable opportunity to make, during the period:

starting on the day the Commission gives the public benefit assessment; and

ending on the 15th business day after that day;

subject to subsection (2) of this section, in making a determination under subsection 51ABZW(1) in respect of the application, must not take into account submissions received, as mentioned in paragraph (a) of this subsection, after that period.

the notifying party may, in writing, before the end of the period during which the notifying party may make submissions to the Commission in relation to the public benefit assessment, request the Commission to extend the period; and

if the notifying party does so—the Commission may, by written notice given to the notifying party, extend the period.

the determination period for the public benefit application;

the period mentioned in paragraph 51ABZZE(3)(c).

if the notification is not subject to phase 2 review—unless:

the commitment or undertaking is offered no later than 20 business days after the effective notification date of the notification; or

subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the phase 1 determination period; or

if the notification is subject to phase 2 review—unless:

the commitment or undertaking is offered no later than the 60th business day occurring on or after the start of the phase 2 determination period; or

subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the phase 2 determination period.

give any persons who appear to the Commission to be interested a written notice inviting written submissions, to be made to the Commission within a specified period, in relation to the proposed acquisition;

give any party to the acquisition a written notice requesting the party to give the Commission (orally or in writing), within a specified period, additional information relevant to making the determination;

give a person a written notice requesting the person to give the Commission (orally or in writing), within a specified period, particular information relevant to making the determination;

consult with such persons as the Commission believes to be reasonable and appropriate for the purposes of making the determination.

the notifying party of the notification agrees in writing to the Commission making the request; or

the request relates to information the Commission received before those 15 business days; or

the determination is a determination under subsection 51ABZE(1) and the notification is not subject to phase 2 review.

must take into account any submissions or information received under paragraph (2)(a), (b) or (c) of this section within the period specified in the notice mentioned in that paragraph; and

subject to subsection (5) may, but need not, take into account any submissions or information received after the end of those periods; and

subject to subsection (5), must take into account any information obtained from consultations under paragraph (2)(d).

if the determination is a determination under subsection 51ABZE(1) and the notification is subject to phase 2 review—the phase 2 determination period for the notification; or

if the determination is a determination under subsection 51ABZW(1) in respect of a public benefit application—the determination period in relation to the application.

section 51ABZL (submissions in response to notice of competition concerns); or

section 51ABZZB (submissions in response to public benefit assessment).

if the determination is a determination under subsection 51ABZE(1):

the phase 1 determination period for the notification; or

the phase 2 determination period for the notification;

if the determination is a determination under subsection 51ABZW(1)—the determination period for a public benefit application in relation to the notification.

all of the following subparagraphs apply:

a party to the acquisition offers, in writing, to make a commitment or undertaking (including giving an undertaking for the purposes of section 87B) in connection with the making of the acquisition determination;

subsection (3) of this section applies to the commitment or undertaking;

the extension is of no more than 15 business days;

all of the following subparagraphs apply:

the Commission, before the end of the determination period, requests the notifying party, in writing, to give to the Commission, by a specified day, additional information relevant to making the acquisition determination;

the notifying party does not give the additional information to the Commission by the specified day;

the extension is of no more than the number of days occurring after the specified day on which the notifying party has not given the additional information to the Commission;

all of the following subparagraphs apply:

(i) before the end of the determination period, a party to the acquisition is served a notice (the section 155 notice) under subsection 155(1) requiring the party to furnish information, produce documents or appear before the Commission relating to the making of the acquisition determination;

the Commission gives the extension notice 10 business days or more after the section 155 notice is served;

the extension is of no more than the number of business days in the period commencing 10 business days after the section 155 notice is served and ending on the day on which the party furnishes the information, produces the documents or appears before the Commission;

both:

before the end of the determination period, the notifying party requests the Commission, in writing, to extend the period by a specified number of days; and

the extension is of no more than that number of days.

if subparagraph (1)(a)(i) applies—the period:

starting at the start of the determination period; and

ending 20 business days after it starts;

if subparagraph (1)(a)(ii) applies—the period:

starting on the 50th business day occurring on or after the start of the determination period; and

ending on the 60th business day occurring on or after the start of the determination period;

if paragraph (1)(b) applies—the period:

starting at the start of the determination period; and

ending 35 business days after it starts.

paragraphs 51ABZE(2)(a) and (b) and sections 51ABZJ to 51ABZO (phase 2 review) do not apply;

the phase 1 determination period for the notification is taken to start on the day the court sets aside the determination.

paragraphs 51ABZE(2)(a) and (b) and sections 51ABZJ to 51ABZO (phase 2 review) do not apply;

the phase 1 determination period for the notification is taken to start on the day the court remits the decision.

a decision under subsection 51ABY(1), 51ABZB(2), 51ABZD(3) or 51ABZN(2) in respect of a notification of an acquisition;

a decision under subsection 51ABZQ(1), 51ABZT(2) or 51ABZV(3) in respect of a public benefit application in relation to a notification of an acquisition;

a decision under paragraph 51ABZZE(2)(c) to extend a period in relation to making an acquisition determination in respect of a notification of an acquisition.

review the decision; and

affirm, vary or revoke the decision; and

if the Commission revokes the decision—make such other decision (if any) that the Commission thinks appropriate.

must not have been involved in making the original reviewable decision; and

must hold a position or perform duties of a higher level than the delegate who made the original reviewable decision.

a reviewable decision made by the Commission itself, or by a delegate of the Commission who was a member of the Commission; or

an internal review decision made under subsection (4).

the details, of each notification of the acquisition, determined under paragraph (6)(a) for the purposes of this paragraph; and

a copy of each acquisition determination (if any) made in respect of the notification, and a statement of the Commission’s reasons for making the determination; and

if a notification of the acquisition is subject to phase 2 review—a copy of the notice given under subparagraph 51ABZJ(2)(b)(i) in relation to the notification.

details of a notification for the purposes of paragraph (1)(a); or

information or documents for the purposes of subsection (2); or

a time for the purposes of subsection (5) in relation to information or documents.

may determine a time by reference to a decision of the Commission in relation to the information or documents; and

may provide for review of such a decision.

did the relevant act or made the relevant omission; or

aided, abetted, counselled or procured the relevant act or omission; or

was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).

an obligation that would otherwise be imposed on the trust by the acquisitions provisions is imposed on the trustee instead; and

an offence against the acquisitions provisions that would otherwise have been committed by the trust is taken to have been committed by the trustee; and

a reference in the acquisitions provisions to a corporation is taken to include a reference to the trust if the trustee is a corporation.

an obligation that would otherwise be imposed on the trust by the acquisitions provisions is imposed on each trustee instead, but may be discharged by any of the trustees; and

an offence against the acquisitions provisions that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the contravention was committed, who:

did the relevant act or made the relevant omission; or

aided, abetted, counselled or procured the relevant act or omission; or

was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and

a reference in the acquisitions provisions to a corporation is taken to include a reference to the unit trust if all of the trustees are corporations.

the body corporate is a Chapter 6 entity; and

the acquisition is a takeover acquisition in relation to a proposed takeover bid; and

the proposed bid has not been publicly proposed; and

when the notifying party makes the notification of the acquisition, the notifying party requests the Commission, in writing, to apply this section to the notification.

(a) that the bidder (within the meaning of the Corporations Act 2001) for the proposed takeover bid intends that the bid will be a bid to which paragraphs (c) and (d) of item 2 of the table in section 611 of the Corporations Act 2001 will apply; and

that the bidder has not:

entered into an agreement with the board of the target (within the meaning of that Act) in relation to the proposed bid; or

obtained the board’s support for the proposed bid; and

that, if the Commission:

does not decide that the notification is to be subject to phase 2 review; and

makes a determination under paragraph 51ABZE(1)(a) of this Act in respect of the notification;

after the notifying party makes the request under paragraph (1)(d); and

on or before the 15th business day after the effective notification date of the notification;

(c) the bid is not, or is not likely to be, a bid to which paragraphs (c) and (d) of item 2 of the table in Corporations Act 2001 apply; orsection 611 of the

the bidder has done, or intends to do, any of the things mentioned in subparagraph (2)(b)(i) or (ii) of this section; or

it is not likely that the bidder will give a bidder’s statement as mentioned in paragraph (2)(c).

this section is taken never to have applied in relation to the notification; and

the Commission must give to the notifying party written notice of the determination.

the Commission makes a determination in respect of the notification under paragraph 51ABZE(1)(a); and

section 51ABZZL applies to the acquisition immediately before the Commission makes the determination.

starting when the determination is made; and

ending:

if no application is made under subsection 100C(1) for review of the determination—at the end of the period during which such an application could be made; or

(ii) if such an application is made—when the bidder (within the meaning of the Corporations Act 2001) for the takeover bid becomes aware that the application has been made.

if no application is made under subsection 100C(1) for review of the determination—at the end of the period during which such an application could be made; or

if such an application is made—at the earliest time (if any) at which:

the notification has been finally considered; and

subsection 51ABE(4) does not apply to the acquisition.

exempt a person from subsection 51ABZZM(5); or

declare that subsection 51ABZZM(5) applies to a person as if specified provisions were omitted, modified or varied as specified in the declaration.

apply to all persons, specified persons, or a specified class of person; and

relate to all bid class securities, specified bid class securities or a specified class of bid class securities; and

relate to any other matter generally or as specified.

a specified person (other than a person specified by membership of a class); or

a specified person (other than a person specified by membership of a class) and persons associated with that specified person.

of the making of the decision; and

(b) of the person’s right to have the decision reviewed by the Takeovers Panel under Corporations Act 2001 (see subsection 51ABZZN(7) of this Act).section 656A of the

the cost of giving notice to the person or persons; and

the way in which the interests of the person or persons are affected by the decision.

the Commission makes a determination under paragraph 51ABZE(1)(a) in respect of a notification of an acquisition; and

the acquisition is put into effect to any extent at a time at which, because of subsection 51ABZZM(2) or (3), the acquisition is not stayed; and

an application for review of the determination is made under subsection 100C(1); and

either:

on the review, the Tribunal determines that the acquisition must not be put into effect; or

the result of the review is that the acquisition is subject to a condition to which it would not have been subject apart from the review, that condition was not complied with and the non-compliance occurred before the Tribunal makes its determination on the review;

(a) the Court (within the meaning of the Corporations Act 2001) is of the opinion that:

a substantial injustice has been caused or may be caused; and

the injustice cannot be remedied by any order of the Court; and

the Court declares the meeting or resolution invalid.

(a) the acquisition is, or is part of, a voluntary transfer of business (within the meaning of the Financial Sector (Transfer and Restructure) Act 1999); and

the certificate of transfer (within the meaning of that Act) states that the voluntary transfer of business is necessary:

to promote financial system stability in Australia; or

if the transferring body (within the meaning of that Act) is an ADI (within the meaning of that Act)—to protect the interests of depositors of the transferring body; or

if the transferring body is a life insurance company (within the meaning of that Act)—to protect the interests of policy owners or prospective policy owners of the transferring body.

subsection 51ABZI(1) (earliest time for making determinations) does not apply in relation to the notification; and

the Commission must not include information or documents on the acquisitions register in relation to the notification unless and until the Commission makes a determination under subsection 51ABZE(1) in respect of the notification.

in any case—an SES employee or acting SES employee in the Department; or

in the case of the Minister’s power under subsection 51ABY(5) or 51ABZQ(5):

the Commission; or

a member of the Commission; or

a member of the staff of the Commission who is an SES employee or an acting SES employee.

Division 1A of Part IV; and

this Part; and

Divisions 1A and 1B of Part IX.

commence it no earlier than 1 December 2028; and

complete it, and give the Minister a written report of the review, no later than 31 December 2029.

section 45AW; and

section 45AY.

is void to any extent by force of subsection 45AZA(2); or

would be void to any extent by force of that subsection apart from an order under this section.

an order that subsection 45AZA(2) is to be taken not to apply, and never to have applied, to the acquisition;

such other order as the Court believes appropriate (including, if the Court does not make any order under paragraph (a), such other order as the Court believes appropriate to give effect to the voiding or to deal with the consequences of the voiding).

the Court must give a copy of the application to the Commission; and

the Commission may intervene in the proceedings on the application.

a person is proposing to put an acquisition into effect; and

the Commission made an acquisition determination under paragraph 51ABZE(1)(a) or 51ABZW(1)(a) in respect of a notification of the acquisition on the basis of information that was false or misleading in a material particular; and

the information was material to the Commission making the determination; and

that information was given by:

the person; or

if the person is a body corporate—a body corporate that was related to the person; and

apart from the determination, putting the acquisition into effect would contravene Subdivision B of Division 1A of Part IV;

as part of putting the acquisition into effect, a notifying party of the notification, or a related body corporate, acquired a thing (including a share in the capital of a body corporate, any assets of a person or a thing determined under paragraph 51ABB(2)(a)); and

the Commission made an acquisition determination in respect of the notification; and

apart from the determination, putting the acquisition into effect would have contravened Subdivision B of Division 1A of Part IV; and

subsection (2) or (3) applies.

the Commission made the determination on the basis of information that was false or misleading in a material particular; and

the information was material to the Commission making the acquisition determination; and

the information was given by:

the notifying party of the notification; or

a related body corporate; and

(d) the Court or another court has found that the person who gave the information contravened Criminal Code by giving that information.section 45AZB of this Act or Part 7.4 of the

putting the acquisition into effect is subject to a condition; and

the condition is not complied with.

the contravention mentioned in paragraph (2)(d); or

the non-compliance mentioned in paragraph (3)(b).

the thing is taken not to have been disposed of by the vendor; and

the vendor must refund to the acquirer any amount paid to the vendor for acquiring the thing.

for an order under subsection (4)—the matters in subsection (1); and

for an order under subsection (5)—the matters in subsections (1) and (6).

as determined under subsection (3); and

within the time allowed by or under subsection (3);

may make a decision affirming, setting aside or varying the decision of the Commission; and

for the purposes of the review, may perform all the functions and exercise all the powers of the Commission.

make its decision on the review within 14 days after the day the Tribunal receives the application for review; and

give to the applicant:

written notice of the Tribunal’s decision; and

a written statement of the Tribunal’s reasons for making the decision;

as determined under subsection (2); and

before the end of 14 days after the statement of the Commission’s reasons for making the determination is included on the acquisitions register;

the notifying party of the notification; or

is allowed to apply under subsection (3).

the person’s interest in the matter; and

the efficient administration of the acquisitions provisions; and

whether the application has any reasonable prospects of success; and

any other matter that the Tribunal considers relevant.

when the applicant applies for the review; or

no later than 30 days after the applicant applies for review.

a participant applies under subsection (2); and

the Tribunal believes it to be appropriate to reinstate the application for review;

this Act; or

an order of the Tribunal in relation to the proceedings for review.

is frivolous, vexatious, misconceived or lacking in substance; or

has no reasonable prospects of success; or

is otherwise an abuse of the process of the Tribunal.

an applicant withdraws an application for review; or

the Tribunal dismisses an application;

a public benefit application has been made in relation to the notification; and

the Commission has not decided under section 51ABZV to cease considering the public benefit application; and

the Commission has not made a determination under subsection 51ABZW(1) in respect of the public benefit application.

on or after the day a public benefit application is made in relation to the notification; and

on or before the day on which the Commission:

decides under section 51ABZV to cease considering the public benefit application; or

makes a determination under subsection 51ABZW(1) in respect of the public benefit application.

a person applies under subsection 100C(1) for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition; and

before the proceedings for review have ended, a public benefit application is made in relation to the notification;

decides under section 51ABZV to cease considering the public benefit application; or

makes a determination under subsection 51ABZW(1) in respect of the public benefit application.

on or after the day a public benefit application is made in relation to the notification; and

on or before the day on which the Commission:

decides under section 51ABZV to cease considering the public benefit application; or

makes a determination under subsection 51ABZW(1) in respect of the public benefit application.

may make a determination affirming, setting aside or varying the determination; and

for the purposes of the review, may perform all the functions and exercise all the powers of the Commission.

paragraph 51ABZE(2)(c); or

subsection 51ABZF(2); or

subsection 51ABZW(2);

the applicant for the review; and

if the applicant for the review is not the notifying party of the notification of the acquisition—the notifying party; and

all persons (if any) who have been permitted under subsection 109(2) to intervene in the proceedings for review;

the last day on which an application for review of the determination could have been made under subsection 100C(1); and

the day the applicant gives to the Tribunal the additional information or documents required under subsection 100D(1).

of the matter’s complexity, or the volume of information, documents and evidence before the Tribunal in relation to the matter; or

the Tribunal has allowed new information, documents or evidence under subsection 100S(2); or

of other special circumstances;

may, in such manner as it sees fit:

ask questions of a technical expert; or

seek information, documents or evidence from a technical expert; and

if it does so:

may allow a participant in the proceedings or the Commission to ask questions of the technical expert before the Tribunal; and

may have regard to any information furnished, documents produced or evidence given to the Tribunal by the expert.

may consult, in such a manner as it sees fit, any consumer associations or consumer interest groups; and

may have regard to any information furnished, documents produced or evidence given to the Tribunal in connection with such consultation.

the Tribunal is satisfied that the information, document or evidence was not in existence at the time the Commission made the determination; or

the person is the notifying party of the notification, and the Tribunal is satisfied that:

the information, documents or evidence are relevant to the grounds on which the Commission made the determination; and

the person was not given a reasonable opportunity to make submissions to the Commission in relation to those grounds, or the evidence or other material on which those grounds were based, before the Commission made the determination (including because the person was not informed of the grounds, evidence or other material).

information that was referred to in the Commission’s reasons for making the determination to which the review relates; and

the information, documents or evidence referred to in subsection 100B(5); and

the information or documents given to the Tribunal under subsection 100D(1); and

the information, documents or evidence referred to in subparagraph 100Q(b)(ii); and

any information or report given to the Tribunal under subsection 100R(1); and

the information, documents or evidence referred to in subsection 100R(2); and

information given to the Tribunal as a result of the Tribunal seeking such relevant information, and consulting with such persons, as it believes reasonable and appropriate for the sole purpose of clarifying the information, documents or evidence referred to in subsection 100R(2); and

the information, documents or evidence referred to in paragraph 100S(1)(b); and

any information, documents or evidence referred to in subsection 100S(2).

a determination by the Commission:

in relation to an application for a merger authorisation or a minor variation of a merger authorisation; or

in relation to the revocation of a merger authorisation, or the revocation of a merger authorisation and the substitution of another merger authorisation; or

an acquisition determination.

applications to the Tribunal under Division 1A or 1B;

proceedings in the Tribunal under Division 1A or 1B;

taxation of costs by the Tribunal in relation to such proceedings.

the circumstances in which a fee is to be paid;

who must pay;

the time when payment is required;

remittal, refund and waiver of fees.

determine fees in respect of a particular class or classes of applications, costs or proceedings;

determine different fees in respect of different classes of applications, costs or proceedings;

determine the amount of, or a method for working out the amount of, a fee;

make provision in relation to the whole or a part of a fee;

provide for the Tribunal to make orders relating to the payment of a fee in relation to a proceeding.

is a debt due to the Tribunal, on behalf of the Commonwealth; and

is recoverable by the Tribunal, on behalf of the Commonwealth, in a court of competent jurisdiction.

a decision made by the Tribunal under this Part (including a decision of the Tribunal that is taken to be a decision of the Commission); or

a failure to make a decision under this Part; or

conduct engaged in for the purpose of making a decision under this Part.

references to corporations are to include references to persons who are not corporations; and

paragraphs 51ABB(1)(d) to (f) and 51ABC(2)(b) are to be omitted.

the making of an acquisition determination by the Commission; or

the following information relating to the acquisitions provisions:

the number of notification waiver applications made, and a general summary of the kinds of acquisitions to which the applications related;

the number of notifications of acquisitions made, and a general description of the kinds of acquisitions notified;

the number of notifications that the Commission decided were to be subject to phase 2 review, and a general summary of the circumstances in which the Commission made such decisions;

the number of acquisition determinations the Commission made that included conditions, and a general description of the kinds of conditions included;

a general summary of the kinds of goodwill protection provisions specified in notifications of acquisitions (see subsection 51ABY(6));

the number of declarations the Commission included in determinations under subsection 51ABZG(1), and a general summary of the circumstances in which the Commission included such declarations; and

between 1 July 2025 and 31 December 2025, the Commission:

grants a merger authorisation for the authorisation; or

advises a party to the acquisition, in writing, that the Commission does not intend to take action under this Act in relation to a contravention, or possible contravention, of section 50 in relation to the acquisition; and

the acquisition is put into effect during the 12 months starting on the day the Commission grants the merger authorisation or gives the advice.

give the Commission any power, duty or function, including the power, duty or function of giving the advice referred to in that subparagraph or of making a decision in relation to giving such advice; or

limit the ability of the Commission to take any action referred to in that subparagraph; or

affect the operation of any law other than Division 2 of Part IVA.

apart from this section, the operation of the amendments in relation to the acquisition would result in an acquisition of property from a person otherwise than on just terms; and

the acquisition of property would be invalid because of paragraph 51(xxxi) of the Constitution.

the person is a principal party to an acquisition; and

the acquisition is required to be notified; and

the acquisition is put into effect; and

when the acquisition is put into effect:

the acquisition is not a notified acquisition; or

no notification of the acquisition has an effective notification date (see section 51ABZ); or

the latest notification of the acquisition that has an effective notification date is stale.

a person is the notifying party of a notification of an acquisition; and

a change of fact occurs; and

the change of fact is material to the Commission making a determination under subsection 51ABZE(1) in respect of the notification; and

the person becomes aware of the change of fact at a time:

occurring on or after the effective notification date of the notification; and

at which the Commission has not decided to cease considering the notification under section 51ABZD; and

at which the Commission has not made a determination in respect of the notification under subsection 51ABZE(1); and

if the notification is subject to phase 2 review—occurring at least 15 business days (within the meaning of section 51ABK) before the end of the phase 2 determination period for the notification.

aware of the change of fact; and

aware that the change of fact is material in the way described in paragraph (1)(c).

a person is the notifying party of a notification of an acquisition; and

the notifying party has made a public benefit application in relation to the notification; and

a change of fact occurs; and

the change of fact is material to the Commission making a determination under subsection 51ABZW(1) in respect of the application; and

the person becomes aware of the change of fact at a time:

occurring on or after the effective application date of the application; and

at which the Commission has not decided to cease considering the application under section 51ABZV; and

at which the Commission has not made a determination under subsection 51ABZW(1) in respect of the application.

aware of the change of fact; and

aware that the change of fact is material in the way described in paragraph (3)(d).

if the person is the only notifying party of the notification of the acquisition—the person; or

otherwise—all of the notifying parties jointly.

the person puts an acquisition into effect; and

the acquisition is stayed.

the person gives information to the Commission or the Tribunal under an acquisitions provision; and

the information is false or misleading in a material particular; and

the person knows that, or is reckless as to whether, the information is false or misleading in a material particular.

a person directly or indirectly acquires shares in either or both of the following:

the airport-lessee company for Sydney (Kingsford-Smith) Airport;

the airport-lessee company for Sydney West Airport; and

the acquisition has the effect that those companies become subsidiaries of another company.

the transfer concerned; or

a class of transfers that includes that transfer.

a transfer of shares or business that takes effect under this Division is taken to be:

to the extent that the transfer is of shares in the capital of a body corporate—an acquisition of the shares by the receiving body; and

to the extent that the transfer is of other assets—an acquisition of those assets by the receiving body; and

(b) the acquisition is not required to be notified under Competition and Consumer Act 2010.Division 2 of Part IVA of the

a transfer of shares or business under this Division;

anything done to enable or facilitate a transfer of shares or business under this Division (including an agreement referred to in section 837D).

a transfer of business (whether voluntary or compulsory), a transfer of shares, or a transfer pursuant to an internal transfer certificate, that takes effect under this Act is taken to be:

to the extent that the transfer is of shares in the capital of a body corporate—an acquisition of the shares by the receiving body; and

to the extent that the transfer is of other assets—an acquisition of those assets by the receiving body; and

(b) if the transfer is a transfer under Competition and Consumer Act 2010.Part 4 of this Act—the acquisition is not required to be notified under Division 2 of Part IVA of the

(a) the assignment is a notified acquisition (within the meaning of the Competition and Consumer Act 2010); and

the latest notification of the acquisition has not been finally considered (within the meaning of that Act); and

the Commission has not decided to cease considering the latest notification of the acquisition under section 51ABZD of that Act.

(a) the transfer is a notified acquisition (within the meaning of the Competition and Consumer Act 2010); and

the day occurs on or after the effective notification date (within the meaning of that Act) of the latest notification of the acquisition; and

on that day:

the notification has not been finally considered (within the meaning of that Act); and

the Commission has not decided to cease considering the latest notification of the acquisition under section 51ABZD of that Act.

a reference in those subsections (other than in paragraph 46(8)(b)) to section 46 included a reference to this section; and

a reference in those subsections to a market were a reference to a market (within the meaning of this section).

a reference in those subsections (other than in paragraph 46(8)(b)) to section 46 included a reference to this section; and

a reference in those subsections to a market were a reference to a market (within the meaning of this section).

paragraph 155(5)(b);

contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or

otherwise exceed the legislative power of the Commonwealth.

applies only for the purposes of the application of the provisions of the Competition Code or another law of the Commonwealth (with or without modification) as a law of a participating State or participating Territory by a provision of an application law; and

does not apply for those purposes if the application law otherwise provides.

is within the legislative powers of the State or Territory; and

is consistent with the constitutional doctrines restricting the duties that may be imposed on a Commonwealth entity.

contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or

otherwise exceed the legislative powers of the State or Territory.

contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or

otherwise exceed the legislative powers of both the State or Territory and the Commonwealth;

(a) was given under subsection 19(1) of the Competition and Consumer Act 2010; and

was in force immediately before the commencement of this item.

the Commission;

the Chairperson;

a Deputy Chairperson;

a member of the Commission.

(a) was given under subsection 155(8B) of the Competition and Consumer Act 2010; and

was in force immediately before the commencement of this item.

(a) was given under subsection 155(8C) of the Competition and Consumer Act 2010; and

was in force immediately before the commencement of this item.