100MTribunal not to review determinations while Commission considering public benefit applications

100M Tribunal not to review determinations while Commission considering public benefit applications

Applications for review

(1) A person must not apply under subsection 100C(1) for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if:

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

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

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

(2) A day is not counted for the purposes of paragraph 100C(1)(b) in relation to applying for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if the day occurs:

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

(b) on or before the day on which the Commission:

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

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

Proceedings for review

(3) If:

(a) 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

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

the Tribunal must cease the proceedings for review until the Commission:

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

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

(4) A day is not counted for the purposes of section 100P in relation to review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if the day occurs:

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

(b) on or before the day on which the Commission:

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

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