Part 6Enforcement, remedies, and appeals
Appeals from determinations of Commission
92Persons entitled to appeal
The following persons may exercise the right of appeal pursuant to section 91:
- in the case of an appeal against a determination of the Commission in relation to an application for an authorisation under section 58 or 67, the applicant and any other person who—
- has a direct and significant interest in the application; and
- participated in the Commission's processes leading up to the determination:
- has a direct and significant interest in the application; and
- in the case of an appeal against a determination of the Commission revoking or amending an authorisation pursuant to section 65(1) or revoking an authorisation and substituting a further authorisation pursuant to that subsection, the person to whom the authorisation was granted:
- in the case of an appeal against a determination of the Commission under section 65A,—
- the person who applied for the clearance; and
- any other person who is a party to the contract, arrangement, understanding, or covenant to which the application for clearance relates:
- the person who applied for the clearance; and
- in the case of an appeal against a determination of the Commission under section 66 in relation to a notice seeking a clearance,—
- the person who sought the clearance; and
- any person whose assets, or the shares in which, are proposed to be acquired pursuant to the clearance:
- the person who sought the clearance; and
- in the case of an appeal against a determination made under section 52P, any supplier or consumer (as defined in section 52C) of goods or services to which the determination relates:
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Notes
- Section 92: amended, on , by section 32(2)(d) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
- Section 92(a): replaced, on , by section 28(1) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
- Section 92(ba): inserted, on , by section 28(2) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
- Section 92(ba)(ii): amended, on , by section 40 of the Commerce Amendment Act 2022 (2022 No 11).
- Section 92(c): replaced, on , by section 28(3) of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).
- Section 92(d): substituted, on , by section 18 of the Commerce Amendment Act 2008 (2008 No 70).
- Section 92(e): repealed, on , by section 18 of the Commerce Amendment Act 2008 (2008 No 70).
- Section 92(f): repealed, on , by section 15 of the Commerce Amendment Act 2018 (2018 No 42).


