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StatuteCompetition and Consumer Act 2010

Section 178 — Competition and Consumer Act 2010: Notifications in force before the commencement time

Text of the provision Official document

(1) This section applies if: (a) a person gave the Commission a collective bargaining notice under subsection 93AB(1) in relation to a proposal to give effect to a provision of a contract, arrangement or understanding; and (b) the provision is a cartel provision of the kind referred to in paragraph 93AB(1A)(c) or (d); and (c) the subsection 93AB(1) notice is in force immediately before the commencement time. (2) This Act has effect, after the commencement time, as if: (a) the person had, at the commencement time, given the Commission a collective bargaining notice under subsection 93AB(1A) in relation to a proposal to give effect to the cartel provision; and (b) despite subsections 93AD(1) and (2), the subsection 93AB(1A) notice had come into force at the commencement time; and (c) despite paragraph 93AD(3)(c), the period applicable to the subsection 93AB(1A) notice for the purposes of paragraph 93AD(3)(c) were the period: (i) starting at the commencement time; and (ii) ending at the end of the period of 3 years starting on the day the person gave the subsection 93AB(1) notice to the Commission; and (d) any requirements for the giving of the subsection 93AB(1A) notice were satisfied. (3) Subsection (2) does not prevent the subsection 93AB(1A) notice from ceasing to be in force in accordance with this Act.

Official source: Federal Register of Legislation

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