Competition and Consumer Act 2010 (Cth)

Section 44H
Designated Minister may declare a service

The provision

(1) On receiving a declaration recommendation, the designated Minister must either declare the service or decide not to declare it.

Note: The designated Minister must publish his or her decision: see section 44HA.

(1A) The designated Minister must have regard to the objects of this Part in making his or her decision.

(4) The designated Minister cannot declare a service unless he or she is satisfied of all of the declaration criteria for the service.

(8) If the designated Minister declares the service, the declaration must specify the expiry date of the declaration.

(9) If the designated Minister does not publish under section 44HA his or her decision on the declaration recommendation within 60 days after receiving the declaration recommendation, the designated Minister is taken, at the end of that 60-day period:

(a) to have made a decision under this section in accordance with the declaration recommendation; and

(b) to have published that decision under section 44HA.

Legislative history

Amended by Competition and Consumer Amendment (Competition Policy Reform) Act 2017 (Act 114 of 2017)

Subsections 44H(2) to (6C)

Repeal the subsections, substitute:

(4) The designated Minister cannot declare a service unless he or she is satisfied of all of the declaration criteria for the service.

Subsection 44H(9)

Omit all the words after “at the end of that”, substitute:

60-day period:

(a) to have made a decision under this section in accordance with the declaration recommendation; and

(b) to have published that decision under section 44HA.