Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 (137 of 2024)

Schedule 1   Acquisitions

Part 2   Amendments commencing 1 July 2025

Division 1   Amendment of the Competition and Consumer Act 2010

Competition and Consumer Act 2010
6   Subsection 4(1)

Insert:

acquisition determination , in respect of a notification of an acquisition, means:

(a) a determination made under subsection 51ABZE(1) in respect of the notification; or

(b) a determination made under subsection 51ABZW(1) in respect of a public benefit application relating to the notification.

acquisitions provision means any of the following provisions:

(a) a provision of Division 1A of Part IV;

(b) a provision of Part IVA;

(c) a provision of Division 1B of Part IX;

(d) another provision of this Act, to the extent that it relates to a provision covered by paragraph (a), (b) or (c).

acquisitions register means the register kept by the Commission under subsection 51ABZZH(1).

business day : in Part IVA, business day has the meaning given by section 51ABK.

Chapter 6 entity has the meaning given by subsection 51ABJ(1).

determination period :

(a) for a notification of an acquisition - has the meaning given by subsection 51ABZI(3); and

(b) for a public benefit application - has the meaning given by subsection 51ABZZ(2).

effective application date , of a public benefit application, has the meaning given by subsection 51ABZP(6), paragraph 51ABZR(1)(a), subsection 51ABZS(5) and paragraph 51ABZT(2)(a).

effective notification date , of a notification of an acquisition, has the meaning given by subsection 51ABW(4), paragraph 51ABZ(1)(a), subsection 51ABZA(5) and subparagraph 51ABZB(2)(a)(i).

finally considered , in relation to a notification of an acquisition, has the meaning given by subsection 51ABF(1).

goodwill protection provision : a provision of a contract is a goodwill protection provision of the contract if:

(a) the contract is for the sale of a business or of shares in the capital of a body corporate carrying on a business; and

(b) the provision is solely for the protection of the purchaser in respect of the goodwill of the business.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).