6‑6 Determining notification waiver appl6‑6 Determining notification waiver applications: voluntary transfers under the Financial Sector (Transfer and Restructure) Act 1999

6‑6 Determining notification waiver applications: voluntary transfers under the Financial Sector (Transfer and Restructure) Act 1999

(1) This section applies to a notification waiver application where the acquisition to which the application relates is one that satisfies paragraphs 51ABZZQ(1)(a) and (b) of the Act. Delay in information to be included on the acquisition register (2) Despite paragraphs 5-2(1)(a) and 5-2(2)(aa) of this instrument, the Commission must not include information or documents on the acquisitions register in relation to the waiver application before: (a) if the Commission makes a determination under paragraph 51ABV(1)(a) of the Act in relation to the application—the determination is made, but once made the information or a document mentioned in paragraph 5‑2(1)(a) of this instrument is to be included on the register within 1 business day after the determination is made or, if that is not practicable, as soon as practicable after that day; and (b) if the Commission makes a determination under paragraph 51ABV(1)(b) of the Act in relation to the application and a decision under subsection 51ABZE(1) of the Act in relation to the acquisition to which the application relates—the determination is made, but once made the information or a document mentioned in paragraph 5‑2(1)(a) of this instrument is to be included on the register within 1 business day after the determination under subsection 51ABZE(1) of the Act is made or, if that is not practicable, as soon as practicable after that day.

Note: If neither event mentioned in paragraph (a) or (b) happens in relation to a waiver application, then no information or documents are to be published on the acquisitions register in relation to the application.

Timing for Commission decision (3) For the purposes of subsection 51ABV(3) of the Act, if the Commission has not made a determination in relation to an application to which this section applies during the period beginning on the first day after an application is received, and ending on the 25th business day after that day, the Commission must make a determination under paragraph 51ABV(1)(b) of the Act in relation to the application on the first business day after the period ends.