Competition and Consumer Act 2010
51ABZZFConsequences of setting aside or remitting acquisition determinations
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51ABZZF Consequences of setting aside or remitting acquisition determinations
Determinations under subsection 51ABZE(1)
(1) If a court sets aside a determination made under subsection 51ABZE(1) in respect of a notification of an acquisition, Division 4 applies in relation to the notification with the following modifications:
(a) paragraphs 51ABZE(2)(a) and (b) and sections 51ABZJ to 51ABZO (phase 2 review) do not apply;
(b) the phase 1 determination period for the notification is taken to start on the day the court sets aside the determination.
(2) If a court remits a decision to make a determination under subsection 51ABZE(1) in respect of a notification of an acquisition back to the Commission to be made again, Division 4 applies in relation to the notification with the following modifications:
(a) paragraphs 51ABZE(2)(a) and (b) and sections 51ABZJ to 51ABZO (phase 2 review) do not apply;
(b) the phase 1 determination period for the notification is taken to start on the day the court remits the decision.
Determinations under subsection 51ABZW(1)
(3) If a court sets aside a determination made under subsection 51ABZW(1) in respect of a public benefit application, Division 5 applies in relation to the application with the following modification: the determination period for the application is taken to start on the day the court sets aside the determination.
(4) If a court remits a decision to make a determination under subsection 51ABZW(1) in respect of a public benefit application back to the Commission to be made again, Division 5 applies in relation to the application with the following modification: the determination period for the application is taken to start on the day the court remits the decision.