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COMPETITION AND CONSUMER ACT 2010 - SECT 44NC

Time limit for Council recommendations

Council to make recommendation within the consideration period

  (1)   The Council must make a recommendation on an application under section   44M, 44NA or 44NBA, or on a consideration by the Council on its own initiative under section   44NBA, within the consideration period.

  (2)   The consideration period is a period of 180 days (the expected period ), starting at the start of the day the application is received, or the consideration is notified under paragraph   44NBA(2)(a), unless the consideration period is extended under subsection   (7).

Stopping the clock

  (3)   In working out the expected period in relation to a recommendation on an application under section   44M, 44NA or 44NBA, or on a consideration by the Council on its own initiative under section   44NBA, in a situation referred to in column 1 of an item of the following table, disregard any day in a period:

  (a)   starting on the day referred to in column 2 of the item; and

  (b)   ending on the day referred to in column 3 of the item.

 

Stopping the clock

Item

Column 1

Situation

Column 2

Start day

Column 3

End day

1

An agreement is made in relation to the application under subsection   (5)

The first day of the period specified in the agreement

The last day of the period specified in the agreement

2

A notice is given under subsection   44MA(1) requesting information in relation to the application

The day on which the notice is given

The last day of the period specified in the notice for the giving of the information

3

A notice is given under subsection   44NAA(1) requesting information in relation to the application

The day on which the notice is given

The last day of the period specified in the notice for the giving of the information

4

A notice is given under subsection   44NBB(1) requesting information in relation to the application or consideration

The day on which the notice is given

The last day of the period specified in the notice for the giving of the information

  (4)   Despite subsection   (3):

  (a)   do not disregard any day more than once; and

  (b)   the total period that is disregarded under that subsection must not exceed 60 days.

Stopping the clock by agreement

  (5)   The Council, the applicant (if the Commission is not acting on its own initiative under paragraph   44NBA(1)(a)) and the provider of the service (if the provider is not the applicant) may agree in writing that a specified period is to be disregarded in working out the expected period.

  (6)   The Council must publish, by electronic or other means, the agreement.

Council may extend time for making recommendation

  (7)   If the Council is unable to make a recommendation within the consideration period (whether it is the expected period or the consideration period as previously extended under this subsection), it must, by notice in writing to the Commonwealth Minister, extend the consideration period by a specified period.

  (8)   The notice must:

  (a)   specify when the Council must now make its recommendation; and

  (b)   include a statement explaining why the Council has been unable to make a decision on the recommendation within the consideration period.

  (9)   The Council must give a copy of the notice to:

  (a)   if the Commission is not acting on its own initiative under paragraph   44NBA(1)(a)--the applicant; and

  (b)   if the applicant is not the provider of the service--the provider.

Publication

  (10)   If the Council extends the consideration period under subsection   (7), it must publish a notice in a manner that results in the notice being accessible to the public and reasonably prominent:

  (a)   stating that it has done so; and

  (b)   specifying the day by which it must now make a recommendation on the application.

Failure to comply with time limit does not affect validity

  (11)   Failure by the Council to comply with a time limit set in this section does not affect the validity of a recommendation made under this section.


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