Competition and Consumer Act 2010 (Cth)
Section 44M
Recommendation for a Ministerial decision on effectiveness of access regime
The provision
(1) This section applies if a State or Territory that is a party to the Competition Principles Agreement has established at any time a regime for access to a service or a proposed service.
(2) The responsible Minister for the State or Territory may make a written application to the Council asking the Council to recommend that the Commonwealth Minister decide that the regime for access to the service or proposed service is an effective access regime.
(3) The Council must recommend to the Commonwealth Minister:
(a) that he or she decide that the access regime is an effective access regime for the service, or proposed service; or
(b) that he or she decide that the access regime is not an effective access regime for the service, or proposed service.
Note 1: There are time limits that apply to the Council’s recommendation: see section 44NC.
Note 2: The Council may request information and invite public submissions on the application: see sections 44MA and 44NE.
Note 3: The Council must publish its recommendation: see section 44NF.
(4) In deciding what recommendation it should make, the Council:
(a) must, subject to subsection (4A), assess whether the access regime is an effective access regime by applying the relevant principles set out in the Competition Principles Agreement; and
(aa) must have regard to the objects of this Part; and
(b) must, subject to section 44DA, not consider any other matters.
(4A) In deciding what recommendation it should make, the Council must disregard Chapter 5 of a National Gas Law.
(5) When the Council recommends that the Commonwealth Minister make a particular decision, the Council must also recommend the period for which the decision should be in force.
Legislative history
Inserted by: Competition Policy Reform Act 1995 (Act 88 of 1995)
Amended by: Gas Pipelines Access (Commonwealth) Act 1998 (Act 101 of 1998)
Amended by:Trade Practices Amendment (National Access Regime) Act 2006 (Act 92 of 2006)
Amended by: Trade Practices Amendment (Infrastructure Access) Act 2010 (Act 102 of 2010)
Commentary
