Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 132D

  (1)   As soon as is practicable after the conclusion of a conference held under this Subdivision in relation to the proposed imposition of an interim ban or permanent ban, the Commission must:

  (a)   by written notice given to the Commonwealth Minister, recommend that the Commonwealth Minister:

  (i)   impose the ban in the same terms as the draft notice referred to in paragraph   132(3)(c); or

  (ii)   impose the ban with such modifications to that notice as are specified by the Commission; or

  (iii)   not impose the ban; and

  (b)   cause a copy of the notice given under paragraph   (a) to be given to each person who was present or represented at the conference.

  (2)   As soon as is practicable after the conclusion of a conference held under this Subdivision in relation to the proposed issue of a recall notice, the Commission must:

  (a)   by written notice given to the Commonwealth Minister, recommend that the Commonwealth Minister:

  (i)   issue the recall notice in the same terms as the draft recall notice referred to in paragraph   132A(3)(c); or

  (ii)   issue the recall notice with such modifications to that draft recall notice as are specified by the Commission; or

  (iii)   not issue the recall notice; and

  (b)   cause a copy of the notice given under paragraph   (a) to be given to each person who was present or represented at the conference.

  (3)   The Commonwealth Minister must:

  (a)   have regard to a recommendation made under paragraph   (1)(a) or (2)(a); and

  (b)   if he or she decides to act otherwise than in accordance with the recommendation--the Commonwealth Minister must, by written notice published on the internet, set out the reasons for his or her decision.