Phase 2 review—submissions
(1) If the Commission gives the notifying party of a notification of an acquisition a notice of competition concerns in relation to the notification, the Commission: (a) must give the notifying party a reasonable opportunity to make, during the period: (i) starting on the day on which the Commission gives the notice of competition concerns; and (ii) ending on the 25th business day after that day; oral or written submissions to the Commission in relation to the matters set out in the notice of competition concerns; and (b) subject to subsection (2) of this section, in making a determination under subsection 51ABZE(1) in respect of the notification of the acquisition, must not take into account submissions received, as mentioned in paragraph (a) of this subsection, after that period. (2) For the purposes of paragraph (1)(b): (a) the notifying party may, in writing, before the end of the period during which the notifying party may make submissions to the Commission in relation to the notice of competition concerns, request the Commission to extend the period; and (b) if the notifying party does so, the Commission may, by written notice given to the notifying party, extend the period. (3) To avoid doubt, the Commission may extend the period more than once. (4) If the Commission extends the period, the following periods relating to making a determination under subsection 51ABZE(1) in respect of the notification are also extended by the same number of days: (a) the phase 2 determination period for the notification; (b) the period mentioned in paragraph 51ABZZE(3)(b).
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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