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COMPETITION AND CONSUMER ACT 2010 - SECT 93AD

When collective bargaining notice comes into force and ceases to be in force

When collective bargaining notice comes into force

  (1)   A collective bargaining notice comes into force:

  (a)   at the end of the period which is:

  (i)   if the notice relates (wholly or partly) to collective boycott conduct or proposed collective boycott conduct--60 days or such other period as is prescribed by the regulations; or

  (ii)   otherwise--14 days or such other period as is prescribed by the regulations;

    starting on the day the corporation gave the Commission the notice; or

  (b)   if the Commission gives the corporation a conference notice during the period referred to in paragraph   (a) and then decides not to give the corporation an objection notice--when the Commission makes that decision.

  (2)   However, a collective bargaining notice does not come into force if:

  (a)   it is withdrawn, or taken to be withdrawn, before it would come into force under subsection   (1); or

  (b)   the Commission gives the corporation a conference notice during the period referred to in paragraph   (1)(a) and then gives the corporation an objection notice.

Note:   Section   93AE deals with the withdrawal of a collective bargaining notice.

When collective bargaining notice ceases to be in force

  (3)   A collective bargaining notice ceases to be in force at the earliest of the following times:

  (a)   when it is withdrawn or taken to be withdrawn;

  (b)   if the Commission gives the corporation an objection notice--on the 31st day after the relevant day or on a later day specified in writing by the Commission;

  (c)   at the end of:

  (i)   if subparagraph   (ii) does not apply--the period of 3 years beginning on the day the corporation gave the collective bargaining notice; or

  (ii)   the period determined under subsection   (5).

Note 1:   A collective bargaining notice is not in force, to the extent that it relates to collective boycott conduct, while a stop notice is in force in relation to the collective bargaining notice: see section   93AG.

Note 2:   Section   93AE deals with the withdrawal of a collective bargaining notice.

  (4)   For the purposes of subsection   (3), the relevant day is worked out in accordance with this table:

 

Relevant day

 

In this situation:

the relevant day is:

1

If an application is not made to the Tribunal for a review of the Commission's decision to give the objection notice

the day the Commission gave the notice.

2

If an application is made to the Tribunal for a review of the Commission's decision to give the objection notice

(a) if the review application is withdrawn--the day of the withdrawal; or

(b) if, on the application of the Commission or any other person who the Tribunal is satisfied has an interest in the subject matter of the review, the Tribunal declares that the applicant is not proceeding with the review application with due diligence--the day of the declaration; or

(c) in any other case--the day on which the Tribunal makes a determination on the review.

Commission may determine expiry of collective bargaining notice

  (5)   If the Commission is satisfied that:

  (a)   the period provided for in subparagraph   (3)(c)(i) is not appropriate in all the circumstances; and

  (b)   another period, ending no later than the end of the period of 10 years beginning on the day the corporation gave the collective bargaining notice, is appropriate in all the circumstances;

the Commission may give to the corporation a written notice determining that other period for the purposes of subparagraph   (3)(c)(ii).

  (6)   The Commission must, in or with the notice under subsection   (5), give the corporation a written statement of its reasons for giving the notice.


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