Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 151ZM

Decision on review

  (1)   On a review of a decision of the ACCC of a kind mentioned in section   151ZL, the Australian Competition Tribunal may make a decision:

  (a)   affirming the ACCC's decision; or

  (b)   setting aside the ACCC's decision;

and, for the purposes of the review, the Australian Competition Tribunal may perform all the functions and exercise all the powers of the ACCC.

  (2)   A decision by the Australian Competition Tribunal:

  (a)   affirming a decision of the ACCC; or

  (b)   setting aside a decision of the ACCC;

is taken, for the purposes of this Act (other than this section or section   151ZL), to be a decision of the ACCC.

  (3)   If the Australian Competition Tribunal sets aside a decision of the ACCC under section   151F to reject a functional separation undertaking, subsection   151F(5) has effect as if the undertaking had been received by the ACCC immediately after the decision was set aside.

Note:   This subsection resets the start of the 3 - month decision - making period set out in subsection   151F(5).

  (4)   If the Australian Competition Tribunal sets aside a decision of the ACCC under section   151T to reject a variation, subsection   151T(5) has effect as if the variation had been received by the ACCC immediately after the decision was set aside.

Note:   This subsection resets the start of the 3 - month decision - making period set out in subsection   151T(5).

Conduct of review

  (5)   For the purposes of a review by the Australian Competition Tribunal, the member of the Australian Competition Tribunal presiding at the review may require the ACCC to give such information, make such reports and provide such other assistance to the Australian Competition Tribunal as the member specifies.

  (6)   For the purposes of a review, the Australian Competition Tribunal may have regard to any information given, documents produced or evidence given to the ACCC in connection with the making of the decision to which the review relates.

  (7)   Paragraphs 103(1)(a) and (b) and 108(b) of the Competition and Consumer Act 2010 have effect, in relation to a review, as if a reference in those paragraphs to that Act included a reference to this Part.

Note:   Division   2 of Part   IX of the Competition and Consumer Act 2010 applies to proceedings before the Australian Competition Tribunal.