Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 153Q

  (1)   The Commission may, in writing, vary or revoke a prohibited conduct notice given to a corporation.

  (2)   A variation or revocation under subsection   (1) must:

  (a)   state the day on which it is made; and

  (b)   in the case of a variation--state that the corporation may, within the period mentioned in subsection   (3), make representations to the Commission regarding the prohibited conduct notice as varied.

  (3)   For the purposes of paragraph   (2)(b), the period:

  (a)   starts on the day on which the Commission gives the corporation the copy of the variation; and

  (b)   ends:

  (i)   if subparagraph   (ii) does not apply--45 days after that day; or

  (ii)   if the Commission allows a later day--that later day.

  (4)   The Commission must give each of the following a copy of a variation or revocation under subsection   (1) as soon as practicable after making it:

  (a)   the corporation;

  (b)   each body corporate identified in the prohibited conduct notice (in accordance with subparagraph   153P(2)(c)(iii));

  (c)   each connected body corporate in relation to the prohibited conduct (other than a body corporate mentioned in paragraph   (b)) identified in the prohibited conduct notice as varied.

  (5)   A variation or revocation under subsection   (1) is not a legislative instrument.

  (6)   Subsection   33(3) of the Acts Interpretation Act 1901 does not apply in relation to a prohibited conduct notice.