Section 151AY — Competition and Consumer Act 2010 (Cth)

(1) This section applies if:

(a) the Commission receives, or has received, an application for an exemption order; and

(b) the Commission receives, or has received, a notice under subsection 93(1) or 93AB(1A) or (1); and

(c) the application for the exemption order and the notice relate to the same conduct.

(2) The Commission may refuse to:

(a) consider the application for the exemption order; or

(b) convene a conference under section 151AZ to discuss the application for the exemption order;

until:

(c) the Commission decides whether or not to give a notice under subsection 93(3) or (3A) or 93AC(1) or (2); or

(d) if the Commission gives such a notice—the expiry of the time limit allowed for a person to apply to the Tribunal for review of the decision; or

(e) if a person applies to the Tribunal for a review of the decision—the review (including any court proceedings arising out of the review) is finalised.

Related sections

• s 151AV — Withdrawal of application
• s 151AW — Commission must publicise receipt of applications
• s 151AX — Commission may refuse to consider application if it relates to the same conduct as an authorisation application
• s 151AZ — Commission may convene conference to discuss application
• s 151BA — Commission must grant or reject application
• s 151BB — Commission to give opportunity for submissions

Research how courts apply s 151AY

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