Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 91

  (1)   An authorisation may be expressed to be in force for a period specified in the authorisation and, if so expressed, remains in force for that period only.

  (1A)   An authorisation, other than an authorisation deemed to have been granted under subsection   90(10) or (11), comes into force on the day specified for the purpose in the authorisation, not being a day earlier than, and an authorisation deemed to have been granted under subsection   90(10) or (11) comes into force on:

  (a)   where paragraph   (b) or (c) does not apply--the end of the period in which an application may be made to the Tribunal for a review of the determination by the Commission of the application for the authorisation;

  (b)   if such an application is made to the Tribunal and the application is not withdrawn--the day on which the Tribunal makes a determination on the review;

  (c)   if such an application is made to the Tribunal and the application is withdrawn--the day on which the application is withdrawn.

  (1B)   A minor variation of an authorisation comes into force on a day specified by the Commission in the determination making the variation, not being a day earlier than:

  (a)   if neither paragraph   (b) nor (c) applies--the end of the period in which an application may be made to the Tribunal for a review of the determination of the Commission in respect of the application for the minor variation; or

  (b)   if such an application is made to the Tribunal and the application is not withdrawn--the day on which the Tribunal makes a determination on the review; or

  (c)   if such an application is made to the Tribunal and the application is withdrawn--the day on which the application is withdrawn.

  (1C)   If an authorisation (the prior authorisation ) is revoked and another authorisation is made in substitution for it, that other authorisation comes into force on the day specified for the purpose in that other authorisation, not being a day earlier than:

  (a)   if neither paragraph   (b) nor (c) applies--the end of the period in which an application may be made to the Tribunal for a review of an application, or the Commission's proposal, for the revocation of the prior authorisation and the substitution of that other authorisation; or

  (b)   if such an application is made to the Tribunal and the application is not withdrawn--the day on which the Tribunal makes a determination on the review; or

  (c)   if such an application is made to the Tribunal and the application is withdrawn--the day on which the application is withdrawn.

  (2)   If the Commission considers that it is appropriate to do so:

  (a)   for the purpose of enabling due consideration to be given to:

  (i)   an application for an authorisation; or

  (ii)   an application for a minor variation of an authorisation; or

  (iii)   an application for the revocation of an authorisation and the substitution of a new one; or

  (b)   pending the expiration of the time allowed for the making of an application to the Tribunal for review of a determination by the Commission of an application referred to in paragraph   (a) and, if such an application for a review is made, pending the making of a determination by the Tribunal on the review; or

  (c)   for any other reason;

the Commission may at any time:

  (d)   in the case of an application for an authorisation--grant an authorisation that is expressed to be an interim authorisation; and

  (e)   in the case of an application for a minor variation of an authorisation--grant an authorisation that is expressed to be an interim authorisation dealing only with the matter the subject of the application for a variation; and

  (f)   in the case of an application for the revocation of an authorisation and the substitution of another--suspend the operation of the authorisation sought to be revoked and grant an authorisation that is expressed to be an interim authorisation in substitution for the authorisation suspended.

  (2AA)   An authorisation granted under paragraph   91(2)(d), (e) or (f) and expressed to be an interim authorisation comes into force on such a date, not being a date before the grant of the interim authorisation, as is specified by the Commission in the interim authorisation.

  (2AB)   The Commission may, at any time, revoke an authorisation that is expressed to be an interim authorisation and, where that interim authorisation is in substitution for an authorisation the operation of which has been suspended, the revocation of the interim authorisation has the effect of reviving the operation of the suspended authorisation.

  (2A)   Subsections   90(4) to (7), inclusive, do not apply in relation to an authorisation that is expressed to be an interim authorisation.