Section 100M — Competition and Consumer Act 2010: Tribunal not to review determinations while Commission considering public benefit applications

Applications for review (1) A person must not apply under subsection 100C(1) for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if: (a) a public benefit application has been made in relation to the notification; and (b) the Commission has not decided under section 51ABZV to cease considering the public benefit application; and (c) the Commission has not made a determination under subsection 51ABZW(1) in respect of the public benefit application. (2) A day is not counted for the purposes of paragraph 100C(1)(b) in relation to applying for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if the day occurs: (a) on or after the day a public benefit application is made in relation to the notification; and (b) on or before the day on which the Commission: (i) decides under section 51ABZV to cease considering the public benefit application; or (ii) makes a determination under subsection 51ABZW(1) in respect of the public benefit application. Proceedings for review (3) If: (a) a person applies under subsection 100C(1) for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition; and (b) before the proceedings for review have ended, a public benefit application is made in relation to the notification; the Tribunal must cease the proceedings for review until the Commission: (c) decides under section 51ABZV to cease considering the public benefit application; or (d) makes a determination under subsection 51ABZW(1) in respect of the public benefit application. (4) A day is not counted for the purposes of section 100P in relation to review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition if the day occurs: (a) on or after the day a public benefit application is made in relation to the notification; and (b) on or before the day on which the Commission: (i) decides under section 51ABZV to cease considering the public benefit application; or (ii) makes a determination under subsection 51ABZW(1) in respect of the public benefit application.