Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44PD

Commission to make decision within 90 days

  (1)   The Commission must make a decision on an application under subsection   44PA(1) within the period of 90 days (the expected period ) starting at the start of the day the application is received.

Stopping the clock

  (2)   In working out the expected period in relation to a decision on an application under subsection   44PA(1), 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   (4)	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   44PAA(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 published under subsection   44PE(1) inviting public submissions in relation to the application	The day on which the notice is published	The day specified in the notice as the day by which submissions may be made

  (3)   Despite subsection   (2), do not disregard any day more than once.

Stopping the clock by agreement

  (4)   The Commission and the applicant may agree in writing that a specified period is to be disregarded in working out the expected period.

  (5)   The Commission must publish, by electronic or other means, the agreement.

Deemed approval as a competitive tender process

  (6)   If the Commission does not publish under subsection   44PF(1) its decision on the application within the expected period, it is taken, immediately after the end of the expected period, to have:

  (a)   approved the tender process as a competitive tender process; and

  (b)   published the decision to approve the process and its reasons for that decision; and

  (c)   specified that the decision is in force for a period of 20 years, starting 21 days after the start of the day the decision is taken to have been published.