95ABCommission may withdraw the benefit of class exemption in particular case

95AB Commission may withdraw the benefit of class exemption in particular case

(1) The Commission may give a person a written notice if:

(a) a determination in force under section 95AA specifies a kind of conduct; and

(b) the Commission is satisfied that particular conduct of that kind engaged in by the person:

(i) would have the effect, or would be likely to have the effect, of substantially lessening competition; and

(ii) would not result or be likely to result in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result, from the conduct.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) The Commission must, in or with the notice under subsection (1), give the person a written statement of its reasons for giving the notice.

(3) While a notice under subsection (1) is in force, the determination does not apply to the conduct specified in the notice engaged in by the person.

(4) The notice under subsection (1):

(a) comes into force at the time the Commission gives the person the notice; and

(b) ceases to be in force at the earliest of the following times:

(i) if the Tribunal sets it aside under subsection 102(5G)—at the end of the day on which the Tribunal sets it aside;

(ii) if the Commission revokes the notice—when it is revoked;

(iii) the time the determination under section 95AA ceases to be in force.