51ABZWDeterminations on public benefit applications

51ABZW Determinations on public benefit applications

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

(a) that the acquisition would be of public benefit; or

(b) not to make the determination applied for.

Note: The determination may include conditions (see section 51ABZX).

(2) The Commission must not make a determination under paragraph (1)(a) unless the Commission is satisfied that, were the acquisition put into effect (and any conditions included in the determination under subsection 51ABZX(1) complied with):

(a) the acquisition would, in all the circumstances, result, or be likely to result, in a benefit to the public; and

(b) the benefit would, in all the circumstances, outweigh the detriment to the public that would result, or be likely to result, from the acquisition.

(3) In considering whether to determine that the acquisition would be of public benefit or not to make the determination applied for, the Commission must have regard to:

(a) the object of this Act; and

(b) all relevant matters, including the interests of consumers.

(4) The Commission must give:

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

(b) a written statement of the Commission’s reasons for making the determination;

to the notifying party of the notification of the acquisition.

Note: For review of a determination made under subsection (1), see Division 1B of Part IX.

(5) For the purposes of this Act (other than this Division and Subdivision B of Division 6), the determination is taken to be made when the Commission includes a copy of it on the acquisitions register.