Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44FA

  (1)   The Council may give a person a written notice requesting the person give to the Council, within a specified period, information of the kind specified in the notice that the Council considers may be relevant to deciding what recommendation to make on an application under section   44F.

  (2)   The Council must:

  (a)   give a copy of the notice to:

  (i)   if the person is not the applicant--the applicant; and

  (ii)   if the person is not the provider of the service--the provider; and

  (b)   publish, by electronic or other means, the notice.

  (3)   In deciding what recommendation to make on the application, the Council:

  (a)   must have regard to any information given in compliance with a notice under subsection   (1) within the specified period; and

  (b)   may disregard any information of the kind specified in the notice that is given after the specified period has ended.

  (4)   Subsections   44GB(4) to (6) apply to information given in response to a notice under this section (whether given in compliance with the notice or not) in a corresponding way to the way those subsections apply to a submission made in response to a notice under subsection   44GB(1).

Note:   This allows the Council to make the information publicly available, subject to any confidentiality concerns.