Commitments and undertakings
(1) In considering a notification of an acquisition under Division 4, the Commission must not have regard to a commitment or undertaking offered by a party to an acquisition: (a) if the notification is not subject to phase 2 review—unless: (i) the commitment or undertaking is offered no later than 20 business days after the effective notification date of the notification; or (ii) subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the phase 1 determination period; or (b) if the notification is subject to phase 2 review—unless: (i) the commitment or undertaking is offered no later than the 60th business day occurring on or after the start of the phase 2 determination period; or (ii) subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the phase 2 determination period. (2) In considering a public benefit application in relation to a notification of an acquisition under Division 5, the Commission must not have regard to a commitment or undertaking offered by a party to an acquisition unless subsection 51ABZZE(3) applies to the commitment or undertaking in relation to the determination period for 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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