39Amendment of application

39 Amendment of application

Amendment of application with permission of the ACCC

(1) A designated entity that makes an approval application may make a request to the ACCC, in writing, for permission to amend the application.

(2) The ACCC must:

(a) within a reasonable time after the request is made, decide whether or not to give the permission; and

(b) give the entity notice of the decision as soon as practicable after it is made; and

(c) if the ACCC decides to give the permission—specify in the notice a reasonable period within which the amendment may be made.

(3) If the ACCC gives permission under subsection (2) for the entity to amend that application, the entity may amend the application within:

(a) the period specified in the notice of the permission; or

(b) if the ACCC allows a longer period for making the amendment—that period.

ACCC may require amendment of application

(4) The ACCC may, by notice in writing given to a designated entity that has made an approval application, require the entity to amend the application in relation to a specified matter within a reasonable period specified in the notice, if:

(a) at any time after the application is made (but before a decision is made on the application):

(i) a new matter is specified for the purposes of paragraph 37(4)(i); or

(ii) there is a change in a matter specified for the purposes of that paragraph; and

(b) the ACCC considers such an amendment is necessary or desirable to deal with that new matter or change in matter.

(5) A designated entity is liable to a civil penalty if:

(a) the entity is required to amend an application under subsection (4); and

(b) the entity fails to comply with the requirement.

Note 1: An individual may be liable for an ancillary contravention of this civil penalty provision (see section 92 of the Regulatory Powers Act).

Note 2: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Civil penalty:

(a) for a body corporate—300 penalty units; and

(b) for an individual—60 penalty units.