51ABVWaivers

51ABV Waivers

(1) If a notification waiver application in relation to an acquisition is made, the Commission may, in writing, determine:

(a) that the acquisition is not required to be notified; or

(b) not to make the determination applied for.

(2) In making a determination under subsection (1), the Commission must:

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

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

(i) the object of this Act; and

(ii) the interests of consumers; and

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

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

(3) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (2)(a) of this section.

(4) Without limiting subsection (3), an instrument made under that subsection may:

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

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

(5) The Commission must give:

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

(b) a written explanation of why it made the determination;

to the applicant.

(6) If the Commission makes a determination under paragraph (1)(a) in respect of the application, the acquisition is not required to be notified.