About this Review

The Bill proposes to amend Part IIIA of the TPA, relating to the National Access Regime. Proponents of the bill claim the changes are designed to improve certainty and streamline the administrative processes associated with regulating third party access. This will include limiting merits review by limiting the additional information the Tribunal can consider on appeal. The amendments have been agreed to by COAG (see second reading speach of Mr Hartsuyker).

See item in Australian Financial Review, Friday 5 February 2010 page 42 by James Eyers, discussing criticisms of the bill made by Justice Finkelstein (current Tribunal President). Finkelstein is quoted as saying that limiting merits review in the way suggested will 'seriously detract from the tribunal's ability to make correct decisions'. The article also cites the Law Council of Australia as criticising the proposed limits on merits review as 'unduly restrictive'.

View submissions to the Committee, including:

• Justice Ray Finkelstein, Australian Competition Tribunal
• Law Council of Australia