Section 100S — Competition and Consumer Act 2010 (Cth)

(1) For the purposes of a review under this Division, the Tribunal:

(a) may consult, in such a manner as it sees fit, any consumer associations or consumer interest groups; and

(b) may have regard to any information furnished, documents produced or evidence given to the Tribunal in connection with such consultation.

(2) For the purposes of a review under this Division in relation to an acquisition determination in respect of a notification of an acquisition, the Tribunal may allow a person to provide new information, documents or evidence if:

(a) the Tribunal is satisfied that the information, document or evidence was not in existence at the time the Commission made the determination; or

(b) the person is the notifying party of the notification, and the Tribunal is satisfied that:

(i) the information, documents or evidence are relevant to the grounds on which the Commission made the determination; and

(ii) the person was not given a reasonable opportunity to make submissions to the Commission in relation to those grounds, or the evidence or other material on which those grounds were based, before the Commission made the determination (including because the person was not informed of the grounds, evidence or other material).

Related sections

• s 100P — Time within which Tribunal must make determination on review
• s 100Q — Technical experts
• s 100R — Commission information
• s 100T — Information etc. to which Tribunal may have regard
• s 101 — Applications for review
• s 101A — Application for review of notices under Division 2 of Part VII

Research how courts apply s 100S

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