51ABZZGInternal review of decisions

51ABZZG Internal review of decisions

(1) This section applies to any of the following decisions (a reviewable decision):

(a) a decision under subsection 51ABY(1), 51ABZB(2), 51ABZD(3) or 51ABZN(2) in respect of a notification of an acquisition;

(b) a decision under subsection 51ABZQ(1), 51ABZT(2) or 51ABZV(3) in respect of a public benefit application in relation to a notification of an acquisition;

(c) a decision under paragraph 51ABZZE(2)(c) to extend a period in relation to making an acquisition determination in respect of a notification of an acquisition.

Applications for internal review

(2) The notifying party of the notification may apply in writing to the Commission for review (an internal review) of the reviewable decision, if the decision was made by a delegate of the Commission who was not a member of the Commission.

(3) An application for an internal review must be made within 7 days after the day on which the decision was made.

Reconsideration by Commission

(4) Within 7 days after receiving an application under subsection (3) for internal review, the Commission must:

(a) review the decision; and

(b) affirm, vary or revoke the decision; and

(c) if the Commission revokes the decision—make such other decision (if any) that the Commission thinks appropriate.

(5) The Commission must, within 1 business day after the day it makes a decision under subsection (4), give the notifying party a written statement of the Commission’s reasons for the decision.

(6) If the Commission’s functions under subsections (4) and (5) are performed by a delegate of the Commission, the delegate who makes the decision under subsection (4):

(a) must not have been involved in making the original reviewable decision; and

(b) must hold a position or perform duties of a higher level than the delegate who made the original reviewable decision.

Review by the Tribunal

(7) The notifying party may apply under Division 1A of Part IX to the Tribunal for review of the following decisions relating to the notification of the acquisition:

(a) a reviewable decision made by the Commission itself, or by a delegate of the Commission who was a member of the Commission; or

(b) an internal review decision made under subsection (4).