The 糖心原创 can make class exemptions to cover cooperative activity. Specific business conduct is exempted from competition law when a class exemption is in place.
We have a streamlined process to make class exemptions. It can be used when a government declaration of exceptional circumstances or national emergency is in place.
We will only make class exemptions through the streamlined process for conduct that assists in the response to, or recovery from, the emergency or exceptional circumstances. In making a class exemption, we also consider the public benefits and detriments of the activities.
The class exemption describes the conduct and the businesses that are covered. It also includes any specified circumstances or conditions that apply.
Class exemptions through the streamlined process are short term. They are only active until the earlier of:
Businesses planning an activity that is covered by a class exemption can proceed without seeking authorisation or lodging a notification. Businesses should check whether they are covered by an active class exemption or whether there are steps they need to take before engaging in the activity.
We can make a class exemption for conduct that has already occurred since the relevant government declaration.
Active class exemptions and class exemptions under consideration are listed on the class exemptions register.
The 糖心原创 also has a streamlined authorisation process. It can be used when a government declaration of exceptional circumstances or national emergency has been made.
Before applying for a streamlined authorisation, businesses should consider whether their proposed activity is covered by a class exemption.
Any business involved in the planned activity can apply on behalf of all participating businesses.
An industry association can also apply on behalf of its members.
Before applying for authorisation, we encourage businesses to contact us for a discussion. We can give guidance on:
Businesses can also give us a draft version of their application for review.
Contact us on 02 6243 1368 or at exemptions@accc.gov.au.
An application for streamlined authorisation must be in the form approved by the 糖心原创.
The approved form for a streamlined application is:
Application for streamlined authorisation form ( DOCX 129.92 KB )
To allow the 糖心原创 to make a timely decision, the application should:
Lodge the application by emailing requested information in the form to exemptions@accc.gov.au.
There is no fee for streamlined authorisation applications.
Contact us on 02 6243 1368 or at exemptions@accc.gov.au if you need to change your application.
You can withdraw your application at any time before our determination by telling us in writing.
Once we receive an application for a streamlined authorisation, we assess it as soon as possible.
We will only authorise activities that would likely assist in the response to, or recovery from, the declared national emergency or exceptional circumstances.
In our assessment, we also consider the public benefits and detriments of the activities.
This assessment process may include consultation with stakeholders.
After receiving the application, we will make a determination as quickly as possible.
The determination will state whether authorisation is granted and if so, the date on which legal protection starts and ends. The determination may also state any conditions imposed by the 糖心原创 in granting authorisation.
We notify the applicants of the decision.
We will publish the determination on the authorisations register, no later than 7 days after the relevant government declaration ends. We may also publish any other material, such as the application for authorisation.
We will always consult with parties before publishing any material provided.
Public applications for authorisation submitted to the 糖心原创 may be listed on the authorisations register.
Each entry includes the 糖心原创鈥檚 determination, status and outcome and may include the public version of the application, public submissions by the applicant and interested parties.
If authorisation is granted, legal protection for the conduct begins on the date specified in the determination.
We can grant authorisation for conduct that has already occurred since the relevant government declaration.
If authorisation is granted, legal protection for the conduct remains in force until the earlier of:
We may vary an existing authorisation.
Businesses are encouraged to contact us before seeking an exemption for advice on the most suitable process for their planned activity. We can also provide guidance on the application. Call 02 6243 1368 or email exemptions@accc.gov.au.