Section 95AB — Competition and Consumer Act 2010: Commission may withdraw the benefit of class exemption in particular case

(1) The Commission may give a person a written notice if: (a) a determination in force under section 95AA specifies a kind of conduct; and (b) the Commission is satisfied that particular conduct of that kind engaged in by the person: (i) would have the effect, or would be likely to have the effect, of substantially lessening competition; and (ii) would not result or be likely to result in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result, from the conduct. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (2) The Commission must, in or with the notice under subsection (1), give the person a written statement of its reasons for giving the notice. (3) While a notice under subsection (1) is in force, the determination does not apply to the conduct specified in the notice engaged in by the person. (4) The notice under subsection (1): (a) comes into force at the time the Commission gives the person the notice; and (b) ceases to be in force at the earliest of the following times: (i) if the Tribunal sets it aside under subsection 102(5G)—at the end of the day on which the Tribunal sets it aside; (ii) if the Commission revokes the notice—when it is revoked; (iii) the time the determination under section 95AA ceases to be in force.