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Competition and Consumer Regulations 2010
Part 4Forms for Tribunal and Commission proceedings
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## Part 4—Forms for Tribunal and Commission proceedings
Form H Title of proceedings before tribunal
(regulation 17)
Commonwealth of Australia
Competition and Consumer Act 2010
Title of proceedings before tribunal
In the Australian Competition Tribunal
File No.
Re
(Insert description of proceedings)
Form I Application to tribunal for review
(subregulation 20(1))
Application to tribunal for review
(Title)
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
1. I (here insert name and address of applicant—where the applicant is a corporation, the corporation’s name should be inserted here, not the name of an officer of the corporation) hereby apply to the Australian Competition Tribunal pursuant to section 101 of the Competition and Consumer Act 2010 for a review of the determination of the Australian Competition and Consumer Commission dated the day
of 20 (Commission file no. ).
2. (a) I was/was not (here delete whichever is not applicable) the applicant for the authorization to which the determination relates.
(b) (To be completed if applicant for review was not applicant for authorization). My interest in the determination is as follows:
(Here set out particulars of the matters by reason of which the applicant will seek to satisfy the Tribunal that, for the purposes of subsection 101(1) of the Act, he has a sufficient interest in the determination.)
3. I am dissatisfied with the determination of the Commission in the following respects:
4. The determination that I am seeking from the Tribunal is as follows:
5. Particulars of the facts and contentions upon which I intend to rely in support of the application for review, and a statement of the issues as I see them, are attached.
(Note that if review is being sought of a determination relating to a merger authorisation or an application for one, the review will not be a re‑hearing. Unless permitted under subsection 102(10) of the Act, the review will be confined to the information, documents and evidence before the Commission when it made the determination (see subsections 101(2) and 102(8) to (10) of the Act).)
6. My address for service for the purpose of regulation 21 of the Competition and Consumer Regulations 2010 is (here insert address in Australia at which documents may be served for the purpose of proceedings).
7. Documents may be served on me at (here insert electronic address at which documents may be served for the purpose of proceedings—this is optional and does not replace the need to provide an address in Australia at paragraph 6).
Dated this day of 20 .
Signed by/on behalf of the applicant
.......…...............................................
(Signature)
.......…...............................................
(Full Name)
............................
(Where applicant is a corporation, state position occupied in corporation by person signing). (If signed by solicitor for applicant this fact should be stated).
DIRECTIONS
1. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.
Form J Application to tribunal for review
(subregulation 20(2))
Application to tribunal for review
(Title of matter)
PLEASE FOLLOW THE DIRECTIONS ON THE BACK OF THIS FORM
1. I (insert name and address of applicant—if the applicant is a corporation, the corporation’s name should be inserted here, not the name of an officer of the corporation) apply to the Australian Competition Tribunal under section 101A or 101B of the Competition and Consumer Act 2010 for a review of the giving of notice under subsection 93(3) / 93(3A) / 93(3B) / 93AAA(1) / 93AC(1) / 93AC(2) / 93AC(2A) / 93ACA(1) / 93AD(5) / 93AG(7) / section 95AB
(delete any of the above that are not applicable) of that Act to (state name of corporation to which, or person to whom, the notice was given) by the Australian Competition and Consumer Commission on the day of 20 (Commission file no. ).
2. (a) That notice was/was not (delete whichever is not applicable) given to the person making this application.
(b) (To be completed if applicant for review was not corporation to which, or person to whom, that notice was given). My interest in the determination is as follows:
(set out particulars of the matters by reason of which the applicant will seek to satisfy the Tribunal that, for the purposes of section 101A or 101B of the Act, he or she has a sufficient interest).
3. I am dissatisfied with the giving of the notice by the Commission because:
4. Particulars of the facts and contentions upon which I intend to rely in support of the application for review, and a statement of the issues as I see them, are attached.
5. My address for service for the purpose of regulation 21 of the Competition and Consumer Regulations 2010 is (insert address in Australia at which documents may be served for the purpose of proceedings).
6. Documents may be served on me at (insert electronic address at which documents may be served for the purpose of proceedings—this is optional and does not replace the need to provide an address in Australia at paragraph 5).
Dated this day of 20 .
Signed by/on behalf of the applicant
...........................................................
(Signature)
...........................................................
(Full Name)
...........................................................
(If applicant is a corporation, state position occupied in corporation by person signing). (If signed by solicitor for applicant this fact should be stated).
DIRECTIONS
1. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.
Form JA Application to tribunal for review
(subregulation 20A(1))
Application to tribunal for review
(Title)
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
Name of applicant:
Address of applicant:
(If the Applicant is a corporation, give the corporation’s name and address, not the name and address of an officer of the corporation).
1. I apply to the Australian Competition Tribunal
\* under subsection 44K(1) of the Competition and Consumer Act 2010, for a review of the declaration of a service by the designated Minister, (full name and designation of the designated Minister), under subsection 44H(1) of the Act;
\* under subsection 44K(2) of the Competition and Consumer Act 2010, for a review of the decision by the designated Minister, (full name and designation of the designated Minister), under subsection 44H(1) of the Act, not to declare a service;
\* under subsection 44L(1) of the Competition and Consumer Act 2010, for a review of the decision by the designated Minister, (full name and designation of the designated Minister), under subsection 44J(3) of the Act, not to revoke the declaration of a service;
being the service described below.
2. I am
\* the provider.
\* the person who applied for the declaration recommendation.
3. Brief description of the service:
4. Facts and contentions on which I intend to rely:
5. Issues as I see them:
6. Address for service of documents:
(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).
Dated: 20 Signed by/on behalf of the applicant
(Signature)
...........................
(Full Name)
...........................
(If applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant this fact should be stated).
\*Delete if not applicable.
DIRECTIONS
1. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.
Form JAA Application for review by Australian Competition Tribunal
(subregulation 20(4))
Commonwealth of Australia
Competition and Consumer Act 2010
Application for review by Australian Competition Tribunal
(Title of matter)
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
Name of applicant: (insert full name of applicant)
Address of applicant: (insert address of applicant)
(If the applicant is a corporation, the corporation’s name should be inserted here, not the name and address of an officer of the corporation.)
1. Application is made to the Australian Competition Tribunal under section 151CI of the Competition and Consumer Act 2010 for review of a decision of the Australian Competition and Consumer Commission under section 151BA of that Act to refuse to make an exemption order relating to conduct of the applicant, being the decision, order and conduct described below.
2. The decision of the Commission is dated (insert date of decision) and the number of the Commission file for the matter is (insert file no.).
3. The Commission refused to make an exemption order having the following effect:
(state the effect briefly).
4. The conduct was as follows:
(state the conduct briefly).
5. The following features of the Commission decision are unsatisfactory:
(state the features briefly).
6. The facts and contentions on which this application relies are as follows:
(state the facts and contentions briefly).
7. Address for service of documents:
(insert address for service)
(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).
Dated .
Signed by or on behalf of the applicant
(signature)
(insert full name)
(If the applicant is a corporation, state position occupied by the signatory in
the corporation. If the signatory is
a solicitor for the applicant, state that fact.)
DIRECTIONS
1. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.
Form JB Application to tribunal for review
(subregulation 20A(2))
Application to tribunal for review
(Title)
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
Full name of applicant Minister:
Designation of Minister:
State or Territory:
Address:
1. I apply to the Australian Competition Tribunal under subsection 44O(1) of the Competition and Consumer Act 2010 for a review of the decision of the Commonwealth Minister that the regime for access to the service described below \*is/\*is not an effective access regime for the service.
2. I am the Minister who asked the National Competition Council for a recommendation under section 44M of the Act in respect of the service.
3. Brief description of the service:
4. Facts and contentions on which I intend to rely:
5. Issues as I see them:
6. Address for service of documents:
(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).
Dated: 20 Signed:
(Signature)
\*Delete if not applicable
DIRECTIONS
1. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.
Form JBA Application to tribunal for review
(subregulation 20A(2A))
Application to tribunal for review
(Title)
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
Name of applicant:
Address of applicant:
(If the Applicant is a corporation, give the corporation’s name and address, not the name and address of an officer of the corporation).
1. I apply to the Australian Competition Tribunal under subsection 44O(1A) of the Competition and Consumer Act 2010, for a review of the decision by the Commonwealth Minister, (full name and designation of the Commonwealth Minister), under section 44NBC of the Act
\* not to revoke
\* to revoke
a decision in force under section 44N of the Act that a regime established by a State or Territory for access to a service is an effective access regime.
2. I am
\* the person who applied under subsection 44NBA(3) of the Act
\* a person who could have applied under subsection 44NBA(3) of the Act
for the Council to make a recommendation relating to that decision in force under section 44N of the Act.
3. Brief description of the regime and the service:
4. Facts and contentions on which I intend to rely:
5. Issues as I see them:
6. Address for service of documents:
(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).
Dated: 20 Signed by/on behalf of the applicant
(Signature)
...........................
(Full Name)
...........................
(If applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant this fact should be stated).
\*Delete if not applicable.
DIRECTIONS
1. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.
Form JC Application to tribunal for review
(subregulation 20A(3))
Application to tribunal for review
(Title)
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
Name of applicant:
Address of applicant:
(If the applicant is a corporation, give the corporation’s name and address, not the name and address of an officer of the corporation).
1. I apply to the Australian Competition Tribunal under subsection 44ZX(1) of the Competition and Consumer Act 2010 for a review of the decision of the Australian Competition and Consumer Commission not to register a contract dated (date) between (names of parties), relating to the service described below.
2. Brief description of the service:
3. Facts and contentions on which I intend to rely:
4. Issues as I see them:
5. Address for service of documents:
(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).
Dated: 20 Signed by/on behalf of the applicant
(Signature)
(Full Name)
..........................
(If applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant this fact should be stated).
\*Delete if not applicable.
DIRECTIONS
1. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.
Form K Summons to witness: Australian Competition Tribunal
(regulations 25 and 28N)
Commonwealth of Australia
Competition and Consumer Act 2010
Summons to witness: Australian Competition Tribunal
(Title)
To (full name and address of witness)
You are hereby summoned to attend before the Australian Competition Tribunal at on 20 ,
at o’clock in the noon, and thereafter from day to day until the hearing of proceedings in relation to the above‑mentioned matter is completed or until you are released from further attendance.
2. You are required to attend before the Tribunal for the purpose of giving evidence in the proceedings.
\* 3. You are required to bring with you and produce the following documents:
(Here set out the documents required).
Dated this day of 20 .
President (or Deputy President
or Member) of the
Australian Competition Tribunal.
\*Insert if applicable.
Form L Application to tribunal for review
(subregulation 28C(1))
Application to tribunal for review
(Title)
PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM
Name of applicant:
Address of applicant:
(If the applicant is a corporation, give the corporation’s name and address, not the name and address of an officer of the corporation).
1. I apply to the Australian Competition Tribunal under subsection 44ZP(1) of the Competition and Consumer Act 2010 for a review of a determination of the Australian Competition and Consumer Commission on access to the service described below.
2. I am
\*the provider.
\*the third party.
\*a party to the determination, other than the provider or the third party.
3. Brief description of the service:
4. Facts and contentions on which I intend to rely:
5. Issues as I see them:
6. Address for service of documents:
(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).
Dated: 20 Signed by/on behalf of the applicant
(Signature)
(Full name)
............................
(If the applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant, this fact should be stated).
\*Delete if not applicable.
DIRECTIONS
1. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.
Schedule 1A—Matters for which no fee is payable
(subregulation 28(4))
1. An application (a new application) made for the purposes of the Act if:
(a) the person making the new application has, at the same time or previously, made an application for the purposes of the Competition Code; and
(b) the applications relate to the same conduct or matter in the same market (or closely related markets); and
(c) the new application is made not later than 14 days after the previous application (or the last of the previous applications).
2. An application (a new application) made for the purposes of the Competition Code if:
(a) the person making the new application has, at the same time or previously, made an application for the purposes of the Act; and
(b) the applications relate to the same conduct or matter in the same market (or closely related markets); and
(c) the new application is made not later than 14 days after the previous application (or the last of the previous applications).
3. A notice (a new notice) given for the purposes of the Act if:
(a) the person giving the new notice has, at the same time or previously, given a notice for the purposes of the Competition Code; and
(b) the notices relate to the same conduct in the same market (or closely related markets); and
(c) the new notice is given not later than 14 days after the previous notice (or the last of the previous notices).
4. A notice (a new notice) given for the purposes of the Competition Code if:
(a) the person giving the new notice has previously given a notice for the purposes of the Act; and
(b) the notices relate to the same conduct in the same market (or closely related markets); and
(c) the new notice is given not later than 14 days after the previous notice (or the last of the previous notices).
Schedule 1B—Fees payable to Commission for applications and notices
Note: See subregulation 28(5).
```html
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="4" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Fees payable to Commission for applications and notices</span></p></td></tr><tr><td style="width:9.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:54.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Application or notice</span></p></td><td style="width:11.62%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="text-align:right"><span>Fee</span></p></td><td style="width:23.94%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="text-align:right"><span>Concessional fee</span></p></td></tr></thead><tbody><tr><td style="width:9.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:54.86%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Application for an authorisation under section</span><span> </span><span>88 of the Act (other than a merger authorisation)</span></p></td><td style="width:11.62%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$7,500</span></p></td><td style="width:23.94%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>No concessional fee</span></p></td></tr><tr><td style="width:9.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:54.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Application for a merger authorisation</span></p></td><td style="width:11.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$25,000</span></p></td><td style="width:23.94%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>No concessional fee</span></p></td></tr><tr><td style="width:9.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:54.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Application for revocation of a merger authorisation, and substitution of a new merger authorisation, under section</span><span> </span><span>91C of the Act</span></p></td><td style="width:11.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$25,000</span></p></td><td style="width:23.94%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>No concessional fee</span></p></td></tr><tr><td style="width:9.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:54.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Application for revocation of an authorisation under section</span><span> </span><span>88 (other than a merger authorisation) and substitution of a new authorisation under section</span><span> </span><span>91C of the Act</span></p></td><td style="width:11.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$2,500</span></p></td><td style="width:23.94%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>No concessional fee</span></p></td></tr><tr><td style="width:9.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:54.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A notice under subsection</span><span> </span><span>93(1) of the Act about conduct of a kind referred to in section</span><span> </span><span>47 of the Act</span></p></td><td style="width:11.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$2,500</span></p></td><td style="width:23.94%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$500</span></p></td></tr><tr><td style="width:9.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:54.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A notice under subsection</span><span> </span><span>93(1) of the Act about conduct of a kind referred to in section</span><span> </span><span>48 of the Act</span></p></td><td style="width:11.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$1,000</span></p></td><td style="width:23.94%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$0</span></p></td></tr><tr><td style="width:9.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:54.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Notice of collective bargaining under section</span><span> </span><span>93AB of the Act</span></p></td><td style="width:11.62%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$1,000</span></p></td><td style="width:23.94%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="text-align:right"><span>$0</span></p></td></tr></tbody></table>
```
> Note: Item 4 does not apply to a revocation and substitution of a non‑merger authorisation initiated by the Commission under section 91C of the Act.
Schedule 2—Fees—registration of conference agreements
(regulation 31)
| Column 1 Matter | | Column 2 Fee |
| --------------- | --------------------------------------------------------------------------------------------------------- | ------------ |
| | | $ |
| 1. | Application for a copy of a part of an entry in a register or a part of a conference agreement file | 30 |
| 2. | Application for a copy of the whole of an entry in a register or the whole of a conference agreement file | 60 |
| 3. | Application for provisional registration of a conference agreement | 360 |
| 4. | Application for final registration of a conference agreement | 210 |
| 5. | Application for registration of ocean carrier’s agent | 100 |
Schedule 3—Forms—registration of conference agreements