100NFunctions and powers of Tribunal

100N Functions and powers of Tribunal

(1) On a review of an acquisition determination under this Division, the Tribunal:

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

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

(2) Subject to subsection (3) of this section:

(a) paragraph 51ABZE(2)(c); or

(b) subsection 51ABZF(2); or

(c) subsection 51ABZW(2);

(whichever is relevant) applies in relation to the Tribunal in the same way as it applies in relation to the Commission.

(3) The Tribunal may, if the Tribunal determines it to be appropriate, make an acquisition determination by consent of:

(a) the applicant for the review; and

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

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

even if the Tribunal does not have the satisfaction referred to in paragraph 51ABZE(2)(c) or subsection 51ABZF(2) or 51ABZW(2) (whichever is relevant).

(4) For the purposes of this Act other than this Part, a determination of the Tribunal affirming, setting aside or varying an acquisition determination is taken to be a determination of the Commission.