The Law

Access to Essential Facilities

Access under Part IIIA

The Competition Policy Reform Act 1995, following recommendations of the Hilmer Committee in 1993, introduced a formal system of access to essential facilities. This is provided for in Part IIIA of the CCA and more recently a separate system of access to telecommunications facilities has been established. In relation to Part IIIA, access is available when the relevant minister declares a particular facility.

On 7 April 2009 Chris Bowen MP (former Assistant Treasurer and Minister for Competition Policy and Consumer Affairs) announced that he had commenced consultation with States and territories on reforms to the National Access Regime which aim to 'improve the efficiency, timeliness and effectiveness of regulatory decision-making' under Part III of the CCA. The Trade Practices Amendment (Infrastructure Access) Act 2010 passed through Parliament on 24 June 2010.

A specialist telecommunications regime is also in place. The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 made changes designed to streamline the access and anti-competitive conduct regimes in Parts XIB and XIC of the Competition and Consumer Act 2010.