189Requirement to notify

189 Requirement to notify

(1) Division 2 of Part IVA does not apply in relation to an acquisition to which subsection (2) applies.

(2) This subsection applies to an acquisition if:

(a) between 1 July 2025 and 31 December 2025, the Commission:

(i) grants a merger authorisation for the authorisation; or

(ii) 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

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

(3) To avoid doubt, subparagraph (2)(a)(ii) does not:

(a) 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

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

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

Notification waiver applications

(4) An application may be made under subsection 51ABU(1) on or after 1 January 2026.