Extensions of determination periods
(1) For the purposes of making an acquisition determination in respect of a notification of an acquisition, this section applies to any of the following periods (the determination period): (a) if the determination is a determination under subsection 51ABZE(1): (i) the phase 1 determination period for the notification; or (ii) the phase 2 determination period for the notification; (b) if the determination is a determination under subsection 51ABZW(1)—the determination period for a public benefit application in relation to the notification. (2) The Commission may, during the determination period, give the notifying party of the notification of the acquisition a written notice (the extension notice) extending the determination period for a specified period, if any of the following paragraphs apply: (a) all of the following subparagraphs apply: (i) a party to the acquisition offers, in writing, to make a commitment or undertaking (including giving an undertaking for the purposes of section 87B) in connection with the making of the acquisition determination; (ii) subsection (3) of this section applies to the commitment or undertaking; (iii) the extension is of no more than 15 business days; (b) all of the following subparagraphs apply: (i) the Commission, before the end of the determination period, requests the notifying party, in writing, to give to the Commission, by a specified day, additional information relevant to making the acquisition determination; (ii) the notifying party does not give the additional information to the Commission by the specified day; (iii) the extension is of no more than the number of days occurring after the specified day on which the notifying party has not given the additional information to the Commission; (c) all of the following subparagraphs apply: (i) before the end of the determination period, a party to the acquisition is served a notice (the section 155 notice) under subsection 155(1) requiring the party to furnish information, produce documents or appear before the Commission relating to the making of the acquisition determination; (ii) the Commission gives the extension notice 10 business days or more after the section 155 notice is served; (iii) the extension is of no more than the number of business days in the period commencing 10 business days after the section 155 notice is served and ending on the day on which the party furnishes the information, produces the documents or appears before the Commission; (d) both: (i) before the end of the determination period, the notifying party requests the Commission, in writing, to extend the period by a specified number of days; and (ii) the extension is of no more than that number of days. Note: An extension under paragraph (c) of this subsection is reviewable under section 51ABZZG. (3) This subsection applies to a commitment or undertaking that is offered during the following period: (a) if subparagraph (1)(a)(i) applies—the period: (i) starting at the start of the determination period; and (ii) ending 20 business days after it starts; (b) if subparagraph (1)(a)(ii) applies—the period: (i) starting on the 50th business day occurring on or after the start of the determination period; and (ii) ending on the 60th business day occurring on or after the start of the determination period; (c) if paragraph (1)(b) applies—the period: (i) starting at the start of the determination period; and (ii) ending 35 business days after it starts. (4) However, if the determination period is extended under paragraph (2)(b), (c) or (d) by a number of days, subsection (3) applies, in relation to a commitment or undertaking offered after that extension, as if the period mentioned in subsection (3) were extended by the same number of days.
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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