Commerce Act 1986

60 Procedure for applications for authorisation of restrictive trade practices

• (1) Every application for an authorisation under section 58 shall be made in the prescribed form, shall contain such particulars as may be specified in the form and shall be accompanied by payment of such fee as may be prescribed.

  (2) On receipt of an application that complies with subsection (1), the Commission shall forthwith—

  • (a) record the application in the register to be kept by the Commission for the purpose:

  • (b) give written notice of the date of registration to the person by or on whose behalf the application was made:

  • (c) give notice of the application to any other person who, in the Commission's opinion, is likely to have an interest in the application:

  • (d) give public notice of the application in such manner as the Commission thinks fit.

  (3) Any person who has an interest in any application in respect of which a notice is given under subsection (2)(d) may give written notice to the Commission of that person's interest and the reason therefor.

  (4) On receipt of an application that does not comply with subsection (1), the Commission may, at its discretion, either—

  • (a) accept the application and take the steps referred to in subsection (2) in respect of that application; or

  • (b) return the application to the person by or on whose behalf it was made; or

  • (c) decline to register the application until it complies with subsection (1).

  (5) Where the Commission declines to register an application under subsection (4)(c), it shall forthwith notify the person by or on whose behalf the application was made.

  (6) The person making the application under subsection (1), and any person on whose behalf it was made, and any person to whom the application relates, shall from time to time produce, or, as the case may be, furnish to the Commission, within such time as it may specify, such further documents or information in relation to the application as may be required by the Commission for the purpose of enabling it to exercise its functions under this Part.

  (7) Notwithstanding anything in subsection (2) or subsection (4), where the Commission is of the opinion that the matters to which an application relates are, for reasons other than arising from the application of any provision of this Act, unlikely to be proceeded with, the Commission may, in its discretion, return the application to the person by or on whose behalf the application was made.

  (8) Any person who has made an application to the Commission for an authorisation may, at any time, by notice in writing to the Commission, withdraw the application.

  Compare: 1975 No 113 s 70; 1983 No 144 s 26; Trade Practices Act 1974 s 89(1), (2) (Aust)