Proposed Scope of Review of Authorisation and Clearance Provisions
The Review will look to ensure that the authorisation and clearance provisions within the Commerce Act provide the appropriate degree of:
- Accountability and transparency of decision making.
- Participation by interested parties.
- Analytical rigour and due process.
- Timeliness of decision making.
- Business and administrative costs.
For example, specific matters that the Review will examine include (but are not limited to):
- are current timeframes for consideration of applications for clearance and authorisations appropriate;
- is the methodology that the Commission uses to analyse benefits and costs under Part 5 appropriate;
- does the Act provide sufficient flexibility for the Commission to accept or vary undertakings; and
- does the Act provide adequately for the enforcement of undertakings.
Importantly, the Review will only consider improvements to processes and procedures and will not include consideration of the thresholds in Part 2 and 3, which set the line in the sand beyond which a firm should apply for authorisation or clearance. The Part 2 and 3 thresholds for business acquisitions and restrictive trade practices were substantively amended in 2001.
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