Tribunal not to review determinations while Commission considering public benefit applications
Applications for review (1) A person must not apply under subsection 100C(1) for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if: (a) a public benefit application has been made in relation to the notification; and (b) the Commission has not decided under section 51ABZV to cease considering the public benefit application; and (c) the Commission has not made a determination under subsection 51ABZW(1) in respect of the public benefit application. (2) A day is not counted for the purposes of paragraph 100C(1)(b) in relation to applying for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if the day occurs: (a) on or after the day a public benefit application is made in relation to the notification; and (b) on or before the day on which the Commission: (i) decides under section 51ABZV to cease considering the public benefit application; or (ii) makes a determination under subsection 51ABZW(1) in respect of the public benefit application. Proceedings for review (3) If: (a) a person applies under subsection 100C(1) for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition; and (b) before the proceedings for review have ended, a public benefit application is made in relation to the notification; the Tribunal must cease the proceedings for review until the Commission: (c) decides under section 51ABZV to cease considering the public benefit application; or (d) makes a determination under subsection 51ABZW(1) in respect of the public benefit application. (4) A day is not counted for the purposes of section 100P in relation to review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if the day occurs: (a) on or after the day a public benefit application is made in relation to the notification; and (b) on or before the day on which the Commission: (i) decides under section 51ABZV to cease considering the public benefit application; or (ii) makes a determination under subsection 51ABZW(1) in respect of the public benefit application.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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