Section 95AD — Competition and Consumer Act 2010: Commission may withdraw the benefit of exceptional circumstances class exemptions in particular case
Text of the provision Official document
(1) The Commission may give a person a written notice if: (a) a determination in force under section 95AC specifies a kind of conduct; and (b) the Commission considers that: (i) conduct of that kind would not assist, or would not be likely to assist, in the response to or recovery from the exceptional circumstances or emergency specified in the determination; or (ii) conduct of that kind is not appropriate. (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 earlier of the following times: (i) if the Commission revokes the notice—the day after the day the Commission gives the person the written notice; (ii) the time the determination under section 95AC ceases to be in force.
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →