{"id":"qld:act-1997-025","name":"Queensland Competition Authority Act 1997","slug":"queensland-competition-authority-act-1997","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"25 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104677,"registerId":"qld-act-1997-025-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Competition Authority Act 1997 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nParts 3 and 4 commence on 1 July 1997.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds State","content":"### sec.3 Act binds State\n\nThis Act binds the State.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds the State.\n(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Extraterritorial operation","content":"### sec.4 Extraterritorial operation\n\nIt is the intention of Parliament that this Act should apply, as far as possible, to—\nland and things outside Queensland (whether in or outside Australia); and\nacts, transactions and things done, entered into or happening outside Queensland (whether in or outside Australia); and\nland, things, acts and transactions (wherever situated, done, entered into or happening) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction (including a foreign country).\n- (a) land and things outside Queensland (whether in or outside Australia); and\n- (b) acts, transactions and things done, entered into or happening outside Queensland (whether in or outside Australia); and\n- (c) land, things, acts and transactions (wherever situated, done, entered into or happening) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction (including a foreign country).","sortOrder":5},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Dictionary","content":"### sec.5 Dictionary\n\nThe dictionary in schedule 2 defines particular words in this Act.\ns 5 amd 2010 No. 32 s 16","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 2013 No. 39 s 15","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Competition Authority","content":"# Queensland Competition Authority","sortOrder":9},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment of authority","content":"## Establishment of authority","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment of authority","content":"### sec.7 Establishment of authority\n\nThe Queensland Competition Authority is established.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Legal status of authority","content":"### sec.8 Legal status of authority\n\nThe authority—\nis a body corporate; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Authority’s relationship with State","content":"### sec.9 Authority’s relationship with State\n\nThe authority represents the State.\nWithout limiting subsection (1) , the authority has all the rights, privileges and immunities of the State.\ns 9 amd 2001 No. 45 s 29 sch 3\n(sec.9-ssec.1) The authority represents the State.\n(sec.9-ssec.2) Without limiting subsection (1) , the authority has all the rights, privileges and immunities of the State.","sortOrder":13},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers of authority","content":"## Functions and powers of authority","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Authority’s functions","content":"### sec.10 Authority’s functions\n\nThe authority’s functions are—\nto develop criteria, and, at the request of the Minister or on its own initiative, to revise the criteria or give information or advice to the Minister about the criteria, to be used by the Minister for deciding whether to declare the following—\na government business activity or non-government business activity to be a monopoly business activity;\na candidate water supply activity to be a monopoly water supply activity; and\nto make recommendations to the Minister for the revocation of declarations of monopoly business activities made by the Minister; and\nto conduct investigations and report to the Minister about pricing practices relating to monopoly business activities; and\nto conduct price monitoring investigations in relation to monopoly business activities and report the results of the investigations to the Minister; and\nto advise government agencies about complying with the principle of competitive neutrality; and\nto receive, investigate and report on complaints about the alleged failures of government agencies to comply with the principle of competitive neutrality; and\nif directed by the Minister—under the direction, to investigate and report to the Minister on any matter relating to competition, industry or productivity; and\nto make recommendations to the Minister for the making or revocation of declarations of services under part 5 ; and\nto mediate to resolve access disputes; and\nif asked by the parties to access agreements—to mediate to resolve disputes under the agreements; and\nto conduct arbitration hearings for resolving access disputes; and\nif asked by the parties to access agreements—to arbitrate to resolve disputes under the agreements; and\nto conduct arbitration hearings about applications for arbitration under the Water Supply (Safety and Reliability) Act 2008 , section 524 (2) ; and\nto approve undertakings for services; and\nto monitor compliance with approved access undertakings; and\nto monitor compliance with water pricing determinations; and\nat the request of the Minister, or on its own initiative—to give information or advice to the Minister about—\naccess codes or proposed access codes, or the contents of access codes or proposed access codes; or\nwater pricing determination codes or proposed water pricing determination codes, or the contents of water pricing determination codes or proposed water pricing determination codes; and\nto make distribution network codes, other than an initial distribution network code, under the Electricity Act 1994 and the Gas Supply Act 2003 ; and\nto monitor compliance with distribution network codes under the Electricity Act 1994 and the Gas Supply Act 2003 ; and\nto review particular decisions under the Electricity Act 1994 ; and\nif directed by the Minister—to monitor compliance by a government agency, or conduct arbitration hearings for resolving disputes about a government agency’s compliance, with a code of conduct the agency has agreed to abide by; and\nto perform other functions given to the authority under an Act, including, for example—\nperforming a function or exercising a power delegated to it under an Act; or\ndoing an act it is directed to do under an Act; and\nto perform a function incidental to a function mentioned in paragraphs (a) to (v) .\ns 10 amd 1997 No. 77 s 87 ; 2000 No. 15 s 3 ; 2000 No. 34 s 1145 sch 3 ; 2005 No. 37 s 4 ; 2006 No. 60 s 172 ; 2008 No. 34 s 751 sch 2 ; 2008 No. 35 s 5 ; 2010 No. 32 s 17 ; 2010 No. 53 s 94 ; 2010 No. 17 s 94 ; 2012 No. 8 s 56 ; 2012 No. 25 s 166 ; 2013 No. 39 s 43 sch 1 ; 2014 No. 48 s 179 ; 2015 No. 29 s 64 ; 2021 No. 12 s 201\n- (a) to develop criteria, and, at the request of the Minister or on its own initiative, to revise the criteria or give information or advice to the Minister about the criteria, to be used by the Minister for deciding whether to declare the following— (i) a government business activity or non-government business activity to be a monopoly business activity; (ii) a candidate water supply activity to be a monopoly water supply activity; and\n- (i) a government business activity or non-government business activity to be a monopoly business activity;\n- (ii) a candidate water supply activity to be a monopoly water supply activity; and\n- (b) to make recommendations to the Minister for the revocation of declarations of monopoly business activities made by the Minister; and\n- (c) to conduct investigations and report to the Minister about pricing practices relating to monopoly business activities; and\n- (d) to conduct price monitoring investigations in relation to monopoly business activities and report the results of the investigations to the Minister; and\n- (e) to advise government agencies about complying with the principle of competitive neutrality; and\n- (f) to receive, investigate and report on complaints about the alleged failures of government agencies to comply with the principle of competitive neutrality; and\n- (g) if directed by the Minister—under the direction, to investigate and report to the Minister on any matter relating to competition, industry or productivity; and\n- (h) to make recommendations to the Minister for the making or revocation of declarations of services under part 5 ; and\n- (i) to mediate to resolve access disputes; and\n- (j) if asked by the parties to access agreements—to mediate to resolve disputes under the agreements; and\n- (k) to conduct arbitration hearings for resolving access disputes; and\n- (l) if asked by the parties to access agreements—to arbitrate to resolve disputes under the agreements; and\n- (m) to conduct arbitration hearings about applications for arbitration under the Water Supply (Safety and Reliability) Act 2008 , section 524 (2) ; and\n- (n) to approve undertakings for services; and\n- (o) to monitor compliance with approved access undertakings; and\n- (p) to monitor compliance with water pricing determinations; and\n- (q) at the request of the Minister, or on its own initiative—to give information or advice to the Minister about— (i) access codes or proposed access codes, or the contents of access codes or proposed access codes; or (ii) water pricing determination codes or proposed water pricing determination codes, or the contents of water pricing determination codes or proposed water pricing determination codes; and\n- (i) access codes or proposed access codes, or the contents of access codes or proposed access codes; or\n- (ii) water pricing determination codes or proposed water pricing determination codes, or the contents of water pricing determination codes or proposed water pricing determination codes; and\n- (r) to make distribution network codes, other than an initial distribution network code, under the Electricity Act 1994 and the Gas Supply Act 2003 ; and\n- (s) to monitor compliance with distribution network codes under the Electricity Act 1994 and the Gas Supply Act 2003 ; and\n- (t) to review particular decisions under the Electricity Act 1994 ; and\n- (u) if directed by the Minister—to monitor compliance by a government agency, or conduct arbitration hearings for resolving disputes about a government agency’s compliance, with a code of conduct the agency has agreed to abide by; and\n- (v) to perform other functions given to the authority under an Act, including, for example— (i) performing a function or exercising a power delegated to it under an Act; or (ii) doing an act it is directed to do under an Act; and\n- (i) performing a function or exercising a power delegated to it under an Act; or\n- (ii) doing an act it is directed to do under an Act; and\n- (w) to perform a function incidental to a function mentioned in paragraphs (a) to (v) .\n- (i) a government business activity or non-government business activity to be a monopoly business activity;\n- (ii) a candidate water supply activity to be a monopoly water supply activity; and\n- (i) access codes or proposed access codes, or the contents of access codes or proposed access codes; or\n- (ii) water pricing determination codes or proposed water pricing determination codes, or the contents of water pricing determination codes or proposed water pricing determination codes; and\n- (i) performing a function or exercising a power delegated to it under an Act; or\n- (ii) doing an act it is directed to do under an Act; and","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Authority’s powers","content":"### sec.11 Authority’s powers\n\nThe authority has all the powers of an individual and may, for example—\nenter into contracts; and\nacquire, hold, deal with and dispose of property; and\nappoint agents and attorneys; and\nengage consultants; and\ndo anything else necessary or convenient to be done for, or in connection with, the performance of its functions.\nWithout limiting subsection (1) , the authority has the powers given to it under this or another Act.\nThe authority may exercise its powers inside and outside Queensland, including outside Australia.\n(sec.11-ssec.1) The authority has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants; and do anything else necessary or convenient to be done for, or in connection with, the performance of its functions.\n(sec.11-ssec.2) Without limiting subsection (1) , the authority has the powers given to it under this or another Act.\n(sec.11-ssec.3) The authority may exercise its powers inside and outside Queensland, including outside Australia.\n- (a) enter into contracts; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants; and\n- (e) do anything else necessary or convenient to be done for, or in connection with, the performance of its functions.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Directions by Minister about authority’s functions","content":"### sec.12 Directions by Minister about authority’s functions\n\nThe authority is subject to the written directions of the Minister in performing its functions.\nDespite subsection (1) , the authority is not subject to direction by the Minister—\nin relation to the conduct of any investigation by the authority (except as provided in subsection (3) and section 24 ); or\nin relation to the content of any report of the authority; or\nin performing its functions under part 5 .\nFor the conduct of an investigation by the authority, other than an investigation of a competitive neutrality complaint, the Minister may direct the authority to consult with a stated entity.\nThe Minister must cause a copy of any direction to be gazetted within 14 days after it is given.\nDespite subsection (2) , a direction by the Minister under section 10 (g) must state how the investigation is to be conducted and, for that purpose, may apply all or stated provisions of part 6 to the investigation.\nTo the extent the direction applies all or stated provisions of part 6 , the part or stated provisions apply to the investigation.\ns 12 amd 2000 No. 15 s 3A ; 2012 No. 8 s 57 ; 2012 No. 25 s 167 ; 2013 No. 39 s 43 sch 1 ; 2021 No. 12 s 202\n(sec.12-ssec.1) The authority is subject to the written directions of the Minister in performing its functions.\n(sec.12-ssec.2) Despite subsection (1) , the authority is not subject to direction by the Minister— in relation to the conduct of any investigation by the authority (except as provided in subsection (3) and section 24 ); or in relation to the content of any report of the authority; or in performing its functions under part 5 .\n(sec.12-ssec.3) For the conduct of an investigation by the authority, other than an investigation of a competitive neutrality complaint, the Minister may direct the authority to consult with a stated entity.\n(sec.12-ssec.4) The Minister must cause a copy of any direction to be gazetted within 14 days after it is given.\n(sec.12-ssec.5) Despite subsection (2) , a direction by the Minister under section 10 (g) must state how the investigation is to be conducted and, for that purpose, may apply all or stated provisions of part 6 to the investigation.\n(sec.12-ssec.6) To the extent the direction applies all or stated provisions of part 6 , the part or stated provisions apply to the investigation.\n- (a) in relation to the conduct of any investigation by the authority (except as provided in subsection (3) and section 24 ); or\n- (b) in relation to the content of any report of the authority; or\n- (c) in performing its functions under part 5 .","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Public availability of directions","content":"### sec.13 Public availability of directions\n\nIf the authority receives a direction from the Minister, the authority must ensure—\na copy of the direction is available for public inspection within 14 days after receiving the direction; and\na copy of the direction continues to be available for public inspection—\nfor 2 years after it first became available for public inspection; or\nif, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection.\nArrangements made for subsection (1) must include ensuring a copy of the direction is available for public inspection during office hours on business days at the authority’s office.\ns 13 amd 2013 No. 39 s 43 sch 1\n(sec.13-ssec.1) If the authority receives a direction from the Minister, the authority must ensure— a copy of the direction is available for public inspection within 14 days after receiving the direction; and a copy of the direction continues to be available for public inspection— for 2 years after it first became available for public inspection; or if, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection.\n(sec.13-ssec.2) Arrangements made for subsection (1) must include ensuring a copy of the direction is available for public inspection during office hours on business days at the authority’s office.\n- (a) a copy of the direction is available for public inspection within 14 days after receiving the direction; and\n- (b) a copy of the direction continues to be available for public inspection— (i) for 2 years after it first became available for public inspection; or (ii) if, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection.\n- (i) for 2 years after it first became available for public inspection; or\n- (ii) if, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection.\n- (i) for 2 years after it first became available for public inspection; or\n- (ii) if, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection.","sortOrder":18},{"sectionNumber":"pt.3","sectionType":"part","heading":"Pricing practices relating to monopoly business activities","content":"# Pricing practices relating to monopoly business activities","sortOrder":19},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Application of part","content":"## Application of part","sortOrder":20},{"sectionNumber":"sec.13A","sectionType":"section","heading":"What pt 3 is about","content":"### sec.13A What pt 3 is about\n\nThis part is about—\nthe declaration of monopoly business activities; and\nthe investigation and reporting by the authority about pricing practices relating to monopoly business activities; and\nthe conduct of price monitoring investigations by the authority in relation to monopoly business activities.\nThis part applies generally to—\ngovernment agencies; and\nother persons carrying on business activities involving services provided by means of facilities.\nThe application of the part to an activity carried on by a local government entity depends on whether the activity is a significant business activity.\ns 13A ins 2000 No. 15 s 5\nsub 2008 No. 35 s 7\n(sec.13A-ssec.1) This part is about— the declaration of monopoly business activities; and the investigation and reporting by the authority about pricing practices relating to monopoly business activities; and the conduct of price monitoring investigations by the authority in relation to monopoly business activities.\n(sec.13A-ssec.2) This part applies generally to— government agencies; and other persons carrying on business activities involving services provided by means of facilities.\n(sec.13A-ssec.3) The application of the part to an activity carried on by a local government entity depends on whether the activity is a significant business activity.\n- (a) the declaration of monopoly business activities; and\n- (b) the investigation and reporting by the authority about pricing practices relating to monopoly business activities; and\n- (c) the conduct of price monitoring investigations by the authority in relation to monopoly business activities.\n- (a) government agencies; and\n- (b) other persons carrying on business activities involving services provided by means of facilities.","sortOrder":21},{"sectionNumber":"sec.13B","sectionType":"section","heading":"Application of part to responsible local governments consisting of 2 or more local governments","content":"### sec.13B Application of part to responsible local governments consisting of 2 or more local governments\n\nThis section applies if the responsible local government for a local government entity consists of 2 or more local governments (the participants ).\nIf this part requires or permits something to be done by a responsible local government, the thing may be done by 1 or more of the participants for the responsible local government.\nIf a provision of this part refers to a responsible local government doing something, the provision applies as if the provision referred to 1 or more of the participants for the responsible local government doing the thing for the responsible local government.\ns 13B ins 2000 No. 15 s 5\n(sec.13B-ssec.1) This section applies if the responsible local government for a local government entity consists of 2 or more local governments (the participants ).\n(sec.13B-ssec.2) If this part requires or permits something to be done by a responsible local government, the thing may be done by 1 or more of the participants for the responsible local government.\n(sec.13B-ssec.3) If a provision of this part refers to a responsible local government doing something, the provision applies as if the provision referred to 1 or more of the participants for the responsible local government doing the thing for the responsible local government.","sortOrder":22},{"sectionNumber":"sec.13C","sectionType":"section","heading":"Application of part to responsible local government for giving notices","content":"### sec.13C Application of part to responsible local government for giving notices\n\nIf this part requires or permits a notice to be given to a responsible local government and it consists of 2 or more local governments, the notice may be given to—\nif there is a nominated local government for the responsible local government—the nominated local government; or\nif the authority has requested notification of a nominated local government for the responsible local government but there is no nominated local government—any 1 of the local governments of which the responsible local government consists.\nA local government is the nominated local government for a responsible local government consisting of 2 or more local governments only if a written notice has been given to the authority in relation to the local government (the nominee ) and the notice contains—\nthe nominee’s name and address for receiving notices; and\na signed statement by the other local governments that the nominee is authorised by them to receive notices under this part for all the local governments; and\na signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments.\nFor subsection (1) (b) , the authority may request notification of a nominated local government for the responsible local government by giving a notice to each local government of which the responsible local government consists asking that a written notice be given to the authority containing—\nthe name, and address for receiving notices, of 1 of the local governments (also the nominee ); and\na signed statement by the other local governments that the nominee is authorised by them to receive notices under this Act for all the local governments; and\na signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments.\ns 13C ins 2000 No. 15 s 5\n(sec.13C-ssec.1) If this part requires or permits a notice to be given to a responsible local government and it consists of 2 or more local governments, the notice may be given to— if there is a nominated local government for the responsible local government—the nominated local government; or if the authority has requested notification of a nominated local government for the responsible local government but there is no nominated local government—any 1 of the local governments of which the responsible local government consists.\n(sec.13C-ssec.2) A local government is the nominated local government for a responsible local government consisting of 2 or more local governments only if a written notice has been given to the authority in relation to the local government (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other local governments that the nominee is authorised by them to receive notices under this part for all the local governments; and a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments.\n(sec.13C-ssec.3) For subsection (1) (b) , the authority may request notification of a nominated local government for the responsible local government by giving a notice to each local government of which the responsible local government consists asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 of the local governments (also the nominee ); and a signed statement by the other local governments that the nominee is authorised by them to receive notices under this Act for all the local governments; and a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments.\n- (a) if there is a nominated local government for the responsible local government—the nominated local government; or\n- (b) if the authority has requested notification of a nominated local government for the responsible local government but there is no nominated local government—any 1 of the local governments of which the responsible local government consists.\n- (a) the nominee’s name and address for receiving notices; and\n- (b) a signed statement by the other local governments that the nominee is authorised by them to receive notices under this part for all the local governments; and\n- (c) a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments.\n- (a) the name, and address for receiving notices, of 1 of the local governments (also the nominee ); and\n- (b) a signed statement by the other local governments that the nominee is authorised by them to receive notices under this Act for all the local governments; and\n- (c) a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments.","sortOrder":23},{"sectionNumber":"sec.13D","sectionType":"section","heading":"Application of part to local government entities and responsible local governments that are the same person","content":"### sec.13D Application of part to local government entities and responsible local governments that are the same person\n\nThis section applies if—\nthis part requires or permits something to be done by both a local government entity and the responsible local government for the entity; and\nthe local government entity is not incorporated.\nThe thing may be done by the local government entity or the responsible local government once and—\nif the thing is done by the local government entity—it is taken to have also been done by the responsible local government; or\nif the thing is done by the responsible local government—it is taken to have also been done by the local government entity.\ns 13D ins 2000 No. 15 s 5\n(sec.13D-ssec.1) This section applies if— this part requires or permits something to be done by both a local government entity and the responsible local government for the entity; and the local government entity is not incorporated.\n(sec.13D-ssec.2) The thing may be done by the local government entity or the responsible local government once and— if the thing is done by the local government entity—it is taken to have also been done by the responsible local government; or if the thing is done by the responsible local government—it is taken to have also been done by the local government entity.\n- (a) this part requires or permits something to be done by both a local government entity and the responsible local government for the entity; and\n- (b) the local government entity is not incorporated.\n- (a) if the thing is done by the local government entity—it is taken to have also been done by the responsible local government; or\n- (b) if the thing is done by the responsible local government—it is taken to have also been done by the local government entity.","sortOrder":24},{"sectionNumber":"sec.13E","sectionType":"section","heading":"Application of part to local government entities and responsible local governments that are the same person for giving notices","content":"### sec.13E Application of part to local government entities and responsible local governments that are the same person for giving notices\n\nThis section applies if—\nthis part requires or permits a notice to be given to both a local government entity and the responsible local government for the entity; and\nthe local government entity is not incorporated.\nThe notice may be given to the local government entity or the responsible local government once and—\nif the notice is given to the local government entity—it is taken to have also been given to the responsible local government; or\nif the notice is given to the responsible local government—it is taken to have also been given to the local government entity.\ns 13E ins 2000 No. 15 s 5\n(sec.13E-ssec.1) This section applies if— this part requires or permits a notice to be given to both a local government entity and the responsible local government for the entity; and the local government entity is not incorporated.\n(sec.13E-ssec.2) The notice may be given to the local government entity or the responsible local government once and— if the notice is given to the local government entity—it is taken to have also been given to the responsible local government; or if the notice is given to the responsible local government—it is taken to have also been given to the local government entity.\n- (a) this part requires or permits a notice to be given to both a local government entity and the responsible local government for the entity; and\n- (b) the local government entity is not incorporated.\n- (a) if the notice is given to the local government entity—it is taken to have also been given to the responsible local government; or\n- (b) if the notice is given to the responsible local government—it is taken to have also been given to the local government entity.","sortOrder":25},{"sectionNumber":"pt.3-div.1A","sectionType":"division","heading":"Criteria for declarations of monopoly business activities","content":"## Criteria for declarations of monopoly business activities","sortOrder":26},{"sectionNumber":"sec.14","sectionType":"section","heading":"Development of criteria for government business activities","content":"### sec.14 Development of criteria for government business activities\n\nWithin 6 months after the commencement, the authority must—\ndevelop criteria for use by the Minister for deciding whether to declare a government business activity to be a monopoly business activity; and\ngive written notice of the criteria to the Minister.\ns 14 amd 2008 No. 35 s 9 ; 2013 No. 39 s 43 sch 1\n- (a) develop criteria for use by the Minister for deciding whether to declare a government business activity to be a monopoly business activity; and\n- (b) give written notice of the criteria to the Minister.","sortOrder":27},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Development of criteria for non-government business activities","content":"### sec.14A Development of criteria for non-government business activities\n\nWithin 6 months after the commencement of this section, the authority must—\ndevelop criteria for use by the Minister for deciding whether to declare a non-government business activity to be a monopoly business activity; and\ngive written notice of the criteria to the Minister.\ns 14A ins 2008 No. 35 s 10\namd 2013 No. 39 s 43 sch 1\n- (a) develop criteria for use by the Minister for deciding whether to declare a non-government business activity to be a monopoly business activity; and\n- (b) give written notice of the criteria to the Minister.","sortOrder":28},{"sectionNumber":"sec.15","sectionType":"section","heading":"Revision of, and advice about, criteria","content":"### sec.15 Revision of, and advice about, criteria\n\nThe authority must, if requested by the Minister, and may, on its own initiative—\nrevise the criteria given to the Minister under section 14 or 14A , including the criteria as previously revised under this section; and\ngive information or advice to the Minister about the current criteria.\nThe authority must give written notice of any revised criteria to the Minister.\ns 15 amd 2008 No. 35 s 11 ; 2013 No. 39 s 43 sch 1\n(sec.15-ssec.1) The authority must, if requested by the Minister, and may, on its own initiative— revise the criteria given to the Minister under section 14 or 14A , including the criteria as previously revised under this section; and give information or advice to the Minister about the current criteria.\n(sec.15-ssec.2) The authority must give written notice of any revised criteria to the Minister.\n- (a) revise the criteria given to the Minister under section 14 or 14A , including the criteria as previously revised under this section; and\n- (b) give information or advice to the Minister about the current criteria.","sortOrder":29},{"sectionNumber":"sec.16","sectionType":"section","heading":"Consultation about criteria","content":"### sec.16 Consultation about criteria\n\nIn developing or revising criteria for this division, the authority may consult with anyone it considers appropriate.","sortOrder":30},{"sectionNumber":"sec.17","sectionType":"section","heading":"Publication of criteria","content":"### sec.17 Publication of criteria\n\nThe authority must publish the criteria and any revised criteria developed under this division in the gazette and in any other way it considers appropriate.","sortOrder":31},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Declarations of monopoly business activities","content":"## Declarations of monopoly business activities","sortOrder":32},{"sectionNumber":"sec.18","sectionType":"section","heading":"Request for declaration","content":"### sec.18 Request for declaration\n\nThe authority may ask the Minister—\nto declare a government business activity, whether or not it is a significant business activity, to be a monopoly business activity; and\nFor this part significant business activity is defined in the dictionary in schedule 2 as a significant business activity of a local government.\nif the declaration is made—to refer the monopoly business activity to it under section 23 or 23A .\ns 18 amd 2000 No. 15 s 6 ; 2008 No. 35 s 14 ; 2013 No. 39 s 43 sch 1\n- (a) to declare a government business activity, whether or not it is a significant business activity, to be a monopoly business activity; and Note— For this part significant business activity is defined in the dictionary in schedule 2 as a significant business activity of a local government.\n- (b) if the declaration is made—to refer the monopoly business activity to it under section 23 or 23A .","sortOrder":33},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Notice of requests relating to significant business activities","content":"### sec.18A Notice of requests relating to significant business activities\n\nThis section applies if the authority makes a request under section 18 (a) relating to a significant business activity.\nThe authority must give written notice of the request to the following, including details of the authority’s reasons for making it—\nthe local government entity carrying on the activity;\nthe responsible local government for the entity.\ns 18A ins 2000 No. 15 s 7\n(sec.18A-ssec.1) This section applies if the authority makes a request under section 18 (a) relating to a significant business activity.\n(sec.18A-ssec.2) The authority must give written notice of the request to the following, including details of the authority’s reasons for making it— the local government entity carrying on the activity; the responsible local government for the entity.\n- (a) the local government entity carrying on the activity;\n- (b) the responsible local government for the entity.","sortOrder":34},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Requests by local government entities and responsible local governments","content":"### sec.18B Requests by local government entities and responsible local governments\n\nA responsible local government for a local government entity may ask the Minister—\nto declare a government business activity that is a significant business activity to be a monopoly business activity; and\nif the declaration is made—to refer the monopoly business activity to the authority under section 23 or 23A .\nThe responsible local government must give the authority a copy of the request.\ns 18B ins 2000 No. 15 s 7\namd 2008 No. 35 s 15 ; 2013 No. 39 s 43 sch 1\n(sec.18B-ssec.1) A responsible local government for a local government entity may ask the Minister— to declare a government business activity that is a significant business activity to be a monopoly business activity; and if the declaration is made—to refer the monopoly business activity to the authority under section 23 or 23A .\n(sec.18B-ssec.2) The responsible local government must give the authority a copy of the request.\n- (a) to declare a government business activity that is a significant business activity to be a monopoly business activity; and\n- (b) if the declaration is made—to refer the monopoly business activity to the authority under section 23 or 23A .","sortOrder":35},{"sectionNumber":"sec.19","sectionType":"section","heading":"Declaration by Minister","content":"### sec.19 Declaration by Minister\n\nThe Minister may declare a government business activity to be a monopoly business activity.\nThe declaration must be made by gazette notice.\nIn deciding whether to make a declaration, the Minister must have regard to—\nthe current criteria given to the Minister by the authority for the purpose; and\nany information or advice about the current criteria given to the Minister by the authority.\nAlso, in deciding whether to make a declaration about a government business activity that is a significant business activity, the Minister must consult with the local government entity carrying on the activity and the responsible local government for the entity.\nFor a consultation under subsection (4) , the Minister must—\nnotify the responsible local government and the local government entity of the Minister’s intention to make a declaration about the significant business activity; and\ngive the responsible local government and the local government entity 90 days to make submissions to the Minister about the intended declaration.\nA declaration must identify the business activity by reference to the government agency carrying on the activity.\nThe Minister may make a declaration whether or not a request for the declaration is made by the authority.\nA declaration continues in operation until it is revoked.\ns 19 amd 2000 No. 15 s 8 ; 2008 No. 35 s 16 ; 2013 No. 39 s 43 sch 1\n(sec.19-ssec.1) The Minister may declare a government business activity to be a monopoly business activity.\n(sec.19-ssec.2) The declaration must be made by gazette notice.\n(sec.19-ssec.3) In deciding whether to make a declaration, the Minister must have regard to— the current criteria given to the Minister by the authority for the purpose; and any information or advice about the current criteria given to the Minister by the authority.\n(sec.19-ssec.4) Also, in deciding whether to make a declaration about a government business activity that is a significant business activity, the Minister must consult with the local government entity carrying on the activity and the responsible local government for the entity.\n(sec.19-ssec.5) For a consultation under subsection (4) , the Minister must— notify the responsible local government and the local government entity of the Minister’s intention to make a declaration about the significant business activity; and give the responsible local government and the local government entity 90 days to make submissions to the Minister about the intended declaration.\n(sec.19-ssec.6) A declaration must identify the business activity by reference to the government agency carrying on the activity.\n(sec.19-ssec.7) The Minister may make a declaration whether or not a request for the declaration is made by the authority.\n(sec.19-ssec.8) A declaration continues in operation until it is revoked.\n- (a) the current criteria given to the Minister by the authority for the purpose; and\n- (b) any information or advice about the current criteria given to the Minister by the authority.\n- (a) notify the responsible local government and the local government entity of the Minister’s intention to make a declaration about the significant business activity; and\n- (b) give the responsible local government and the local government entity 90 days to make submissions to the Minister about the intended declaration.","sortOrder":36},{"sectionNumber":"sec.20","sectionType":"section","heading":"Declaration by regulation","content":"### sec.20 Declaration by regulation\n\nA regulation may declare a government business activity to be a monopoly business activity.\nA declaration must identify the business activity by reference to the government agency carrying on the activity.\ns 20 amd 2008 No. 35 s 17\n(sec.20-ssec.1) A regulation may declare a government business activity to be a monopoly business activity.\n(sec.20-ssec.2) A declaration must identify the business activity by reference to the government agency carrying on the activity.","sortOrder":37},{"sectionNumber":"sec.21","sectionType":"section","heading":"Public availability of requests","content":"### sec.21 Public availability of requests\n\nThe authority must—\nkeep a list of requests made during the preceding 2 years—\nby the authority under section 18 ; and\nby responsible local governments under section 18B , of which the authority has been given a copy under section 18B (2) ; and\nensure a copy of the list is available for public inspection during office hours on business days at the authority’s office.\ns 21 amd 2000 No. 15 s 9\n- (a) keep a list of requests made during the preceding 2 years— (i) by the authority under section 18 ; and (ii) by responsible local governments under section 18B , of which the authority has been given a copy under section 18B (2) ; and\n- (i) by the authority under section 18 ; and\n- (ii) by responsible local governments under section 18B , of which the authority has been given a copy under section 18B (2) ; and\n- (b) ensure a copy of the list is available for public inspection during office hours on business days at the authority’s office.\n- (i) by the authority under section 18 ; and\n- (ii) by responsible local governments under section 18B , of which the authority has been given a copy under section 18B (2) ; and","sortOrder":38},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Declaration by Minister","content":"### sec.21A Declaration by Minister\n\nThe Minister may declare a non-government business activity to be a monopoly business activity.\nThe declaration must be made by gazette notice.\nIn deciding whether to make the declaration, the Minister must—\nhave regard to—\nthe relevant declaration criteria; and\nany information or advice about the criteria given to the Minister by the authority; and\nconsult with the person carrying on the activity.\nA declaration must identify the non-government business activity by reference to the person carrying on the activity.\nA declaration continues in operation until it is revoked.\ns 21A ins 2008 No. 35 s 18\namd 2013 No. 39 s 43 sch 1\n(sec.21A-ssec.1) The Minister may declare a non-government business activity to be a monopoly business activity.\n(sec.21A-ssec.2) The declaration must be made by gazette notice.\n(sec.21A-ssec.3) In deciding whether to make the declaration, the Minister must— have regard to— the relevant declaration criteria; and any information or advice about the criteria given to the Minister by the authority; and consult with the person carrying on the activity.\n(sec.21A-ssec.4) A declaration must identify the non-government business activity by reference to the person carrying on the activity.\n(sec.21A-ssec.5) A declaration continues in operation until it is revoked.\n- (a) have regard to— (i) the relevant declaration criteria; and (ii) any information or advice about the criteria given to the Minister by the authority; and\n- (i) the relevant declaration criteria; and\n- (ii) any information or advice about the criteria given to the Minister by the authority; and\n- (b) consult with the person carrying on the activity.\n- (i) the relevant declaration criteria; and\n- (ii) any information or advice about the criteria given to the Minister by the authority; and","sortOrder":39},{"sectionNumber":"sec.21B","sectionType":"section","heading":"Declaration by regulation","content":"### sec.21B Declaration by regulation\n\nA regulation may declare a non-government business activity to be a monopoly business activity.\nA declaration must identify the non-government business activity by reference to the person carrying on the activity.\ns 21B ins 2008 No. 35 s 18\n(sec.21B-ssec.1) A regulation may declare a non-government business activity to be a monopoly business activity.\n(sec.21B-ssec.2) A declaration must identify the non-government business activity by reference to the person carrying on the activity.","sortOrder":40},{"sectionNumber":"sec.21C","sectionType":"section","heading":"Effect on declaration of change of person carrying on activity","content":"### sec.21C Effect on declaration of change of person carrying on activity\n\nThis section applies if—\na non-government business activity is declared to be a monopoly business activity under this subdivision; and\nafter the declaration is made, the person carrying on the activity changes.\nThe change in the person carrying on the monopoly business activity does not affect the validity of the declaration.\nThe declaration is taken to identify the monopoly business activity by reference to the new person carrying on the activity.\ns 21C ins 2008 No. 35 s 18\n(sec.21C-ssec.1) This section applies if— a non-government business activity is declared to be a monopoly business activity under this subdivision; and after the declaration is made, the person carrying on the activity changes.\n(sec.21C-ssec.2) The change in the person carrying on the monopoly business activity does not affect the validity of the declaration.\n(sec.21C-ssec.3) The declaration is taken to identify the monopoly business activity by reference to the new person carrying on the activity.\n- (a) a non-government business activity is declared to be a monopoly business activity under this subdivision; and\n- (b) after the declaration is made, the person carrying on the activity changes.","sortOrder":41},{"sectionNumber":"pt.3-div.2A","sectionType":"division","heading":"Revocation of declarations made by the Minister","content":"## Revocation of declarations made by the Minister","sortOrder":42},{"sectionNumber":"sec.21D","sectionType":"section","heading":"Recommendation to revoke","content":"### sec.21D Recommendation to revoke\n\nThe authority may recommend to the Minister that a declaration of a monopoly business activity made by the Minister under section 19 or 21A (a part 3 Ministerial declaration ) be revoked.\nWithout limiting subsection (1) , a relevant entity for a monopoly business activity may ask the authority to recommend the revocation of the part 3 Ministerial declaration.\nThe Minister may ask the authority to consider whether a part 3 Ministerial declaration should be revoked by the Minister.\nThe authority may recommend the revocation of a part 3 Ministerial declaration only if the authority is satisfied that revocation would be appropriate having regard to the relevant declaration criteria.\nIn this section—\nrelevant entity , for a monopoly business activity, means any of the following—\nthe government agency or other person carrying on the activity;\nif the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity.\ns 21D ins 2008 No. 35 s 18\namd 2013 No. 39 s 43 sch 1\n(sec.21D-ssec.1) The authority may recommend to the Minister that a declaration of a monopoly business activity made by the Minister under section 19 or 21A (a part 3 Ministerial declaration ) be revoked.\n(sec.21D-ssec.2) Without limiting subsection (1) , a relevant entity for a monopoly business activity may ask the authority to recommend the revocation of the part 3 Ministerial declaration.\n(sec.21D-ssec.3) The Minister may ask the authority to consider whether a part 3 Ministerial declaration should be revoked by the Minister.\n(sec.21D-ssec.4) The authority may recommend the revocation of a part 3 Ministerial declaration only if the authority is satisfied that revocation would be appropriate having regard to the relevant declaration criteria.\n(sec.21D-ssec.5) In this section— relevant entity , for a monopoly business activity, means any of the following— the government agency or other person carrying on the activity; if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity.\n- (a) the government agency or other person carrying on the activity;\n- (b) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity.","sortOrder":43},{"sectionNumber":"sec.21E","sectionType":"section","heading":"Power of authority to conduct investigation","content":"### sec.21E Power of authority to conduct investigation\n\nFor making a revocation recommendation, the authority may conduct an investigation about the monopoly business activity.\ns 21E ins 2008 No. 35 s 18","sortOrder":44},{"sectionNumber":"sec.21F","sectionType":"section","heading":"Notice of investigation","content":"### sec.21F Notice of investigation\n\nBefore starting an investigation under this division, the authority must give reasonable notice of the investigation to—\nthe government agency or other person carrying on the monopoly business activity; and\nif the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and\nany other person the authority considers appropriate.\nThe notice must state the following—\nthe authority’s intention to conduct the investigation;\nthe subject matter of the investigation;\nan invitation to interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice;\nthe authority’s address.\ns 21F ins 2008 No. 35 s 18\n(sec.21F-ssec.1) Before starting an investigation under this division, the authority must give reasonable notice of the investigation to— the government agency or other person carrying on the monopoly business activity; and if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and any other person the authority considers appropriate.\n(sec.21F-ssec.2) The notice must state the following— the authority’s intention to conduct the investigation; the subject matter of the investigation; an invitation to interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; the authority’s address.\n- (a) the government agency or other person carrying on the monopoly business activity; and\n- (b) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and\n- (c) any other person the authority considers appropriate.\n- (a) the authority’s intention to conduct the investigation;\n- (b) the subject matter of the investigation;\n- (c) an invitation to interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice;\n- (d) the authority’s address.","sortOrder":45},{"sectionNumber":"sec.21G","sectionType":"section","heading":"Procedures for investigation","content":"### sec.21G Procedures for investigation\n\nPart 6 applies to an investigation under this division.\ns 21G ins 2008 No. 35 s 18","sortOrder":46},{"sectionNumber":"sec.21H","sectionType":"section","heading":"Revocation","content":"### sec.21H Revocation\n\nThe Minister may revoke a part 3 Ministerial declaration only if the Minister is satisfied that revocation would be appropriate having regard to the relevant declaration criteria.\nA part 3 Ministerial declaration may be revoked whether or not a revocation recommendation has been made.\nIf the Minister receives a revocation recommendation, the Minister must either revoke the part 3 Ministerial declaration or decide not to revoke the declaration.\ns 21H ins 2008 No. 35 s 18\namd 2013 No. 39 s 43 sch 1\n(sec.21H-ssec.1) The Minister may revoke a part 3 Ministerial declaration only if the Minister is satisfied that revocation would be appropriate having regard to the relevant declaration criteria.\n(sec.21H-ssec.2) A part 3 Ministerial declaration may be revoked whether or not a revocation recommendation has been made.\n(sec.21H-ssec.3) If the Minister receives a revocation recommendation, the Minister must either revoke the part 3 Ministerial declaration or decide not to revoke the declaration.","sortOrder":47},{"sectionNumber":"sec.21I","sectionType":"section","heading":"Notice of decision","content":"### sec.21I Notice of decision\n\nThe Minister must publish in the gazette—\nnotice of a decision to revoke, or not to revoke, a part 3 Ministerial declaration; and\nthe reasons for the decision.\nAlso, as soon as practicable after making the decision, the Minister must give a written notice stating the decision and reasons for the decision to—\nthe government agency or other person carrying on the activity; and\nif the business activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and\nthe authority.\ns 21I ins 2008 No. 35 s 18\namd 2013 No. 39 s 43 sch 1\n(sec.21I-ssec.1) The Minister must publish in the gazette— notice of a decision to revoke, or not to revoke, a part 3 Ministerial declaration; and the reasons for the decision.\n(sec.21I-ssec.2) Also, as soon as practicable after making the decision, the Minister must give a written notice stating the decision and reasons for the decision to— the government agency or other person carrying on the activity; and if the business activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and the authority.\n- (a) notice of a decision to revoke, or not to revoke, a part 3 Ministerial declaration; and\n- (b) the reasons for the decision.\n- (a) the government agency or other person carrying on the activity; and\n- (b) if the business activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and\n- (c) the authority.","sortOrder":48},{"sectionNumber":"sec.21J","sectionType":"section","heading":"When revocation takes effect","content":"### sec.21J When revocation takes effect\n\nA decision of the Minister to revoke a part 3 Ministerial declaration takes effect on—\nthe day notice of the decision is published in the gazette; or\nif a later day of effect is stated in the notice—the later day.\ns 21J ins 2008 No. 35 s 18\namd 2013 No. 39 s 43 sch 1\n- (a) the day notice of the decision is published in the gazette; or\n- (b) if a later day of effect is stated in the notice—the later day.","sortOrder":49},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Investigations about monopoly business activities","content":"## Investigations about monopoly business activities","sortOrder":50},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meaning of price monitoring investigation","content":"### sec.22 Meaning of price monitoring investigation\n\nA price monitoring investigation , in relation to a monopoly business activity, means an ongoing investigation in which the authority—\nmonitors pricing practices relating to the activity; and\nreports periodically to the Minister about the results of the investigation.\ns 22 sub 2008 No. 35 s 20\namd 2013 No. 39 s 43 sch 1\n- (a) monitors pricing practices relating to the activity; and\n- (b) reports periodically to the Minister about the results of the investigation.","sortOrder":51},{"sectionNumber":"sec.23","sectionType":"section","heading":"Investigations about pricing practices","content":"### sec.23 Investigations about pricing practices\n\nThe Minister may refer a monopoly business activity to the authority for an investigation about the pricing practices relating to the activity.\nIn deciding whether to refer a monopoly business activity that is a significant business activity or non-government business activity to the authority under subsection (1) , the Minister must consult with—\nfor a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or\nfor a non-government business activity—the person carrying on the activity.\nThe authority must conduct the investigation.\nThe Minister may, by written notice given to the authority, withdraw or amend the reference at any time before receiving the authority’s report of the results of the investigation.\nA notice under subsection (4) must state the reasons for the withdrawal or amendment of the reference.\ns 23 amd 2000 No. 15 s 10 ; 2008 No. 35 s 21 ; 2013 No. 39 s 43 sch 1\n(sec.23-ssec.1) The Minister may refer a monopoly business activity to the authority for an investigation about the pricing practices relating to the activity.\n(sec.23-ssec.2) In deciding whether to refer a monopoly business activity that is a significant business activity or non-government business activity to the authority under subsection (1) , the Minister must consult with— for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or for a non-government business activity—the person carrying on the activity.\n(sec.23-ssec.3) The authority must conduct the investigation.\n(sec.23-ssec.4) The Minister may, by written notice given to the authority, withdraw or amend the reference at any time before receiving the authority’s report of the results of the investigation.\n(sec.23-ssec.5) A notice under subsection (4) must state the reasons for the withdrawal or amendment of the reference.\n- (a) for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or\n- (b) for a non-government business activity—the person carrying on the activity.","sortOrder":52},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Price monitoring investigations","content":"### sec.23A Price monitoring investigations\n\nThe Minister may refer a monopoly business activity to the authority for a price monitoring investigation.\nIn deciding whether to refer a monopoly business activity that is a significant business activity or non-government business activity to the authority under subsection (1) , the Minister must consult with—\nfor a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or\nfor a non-government business activity—the person carrying on the activity.\nIn referring a monopoly business activity to the authority under subsection (1) , the Minister must give the authority a written notice stating—\nthe period for which the price monitoring investigation is to be conducted; and\nhow often the authority must periodically report the results of the investigation to the Minister.\nThe authority must conduct the investigation.\nUnless the reference is earlier withdrawn or the period of the investigation is amended under subsection (6) , the reference ends at the end of the period stated in the notice under subsection (3) (a) .\nThe Minister may, by written notice given to the authority, withdraw or amend the reference at any time before it ends.\nA notice under subsection (6) must state the reasons for the withdrawal or amendment of the reference.\ns 23A ins 2008 No. 35 s 22\namd 2013 No. 39 s 43 sch 1\n(sec.23A-ssec.1) The Minister may refer a monopoly business activity to the authority for a price monitoring investigation.\n(sec.23A-ssec.2) In deciding whether to refer a monopoly business activity that is a significant business activity or non-government business activity to the authority under subsection (1) , the Minister must consult with— for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or for a non-government business activity—the person carrying on the activity.\n(sec.23A-ssec.3) In referring a monopoly business activity to the authority under subsection (1) , the Minister must give the authority a written notice stating— the period for which the price monitoring investigation is to be conducted; and how often the authority must periodically report the results of the investigation to the Minister.\n(sec.23A-ssec.4) The authority must conduct the investigation.\n(sec.23A-ssec.5) Unless the reference is earlier withdrawn or the period of the investigation is amended under subsection (6) , the reference ends at the end of the period stated in the notice under subsection (3) (a) .\n(sec.23A-ssec.6) The Minister may, by written notice given to the authority, withdraw or amend the reference at any time before it ends.\n(sec.23A-ssec.7) A notice under subsection (6) must state the reasons for the withdrawal or amendment of the reference.\n- (a) for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or\n- (b) for a non-government business activity—the person carrying on the activity.\n- (a) the period for which the price monitoring investigation is to be conducted; and\n- (b) how often the authority must periodically report the results of the investigation to the Minister.","sortOrder":53},{"sectionNumber":"sec.24","sectionType":"section","heading":"Directions of Minister for investigation","content":"### sec.24 Directions of Minister for investigation\n\nIn referring a monopoly business activity to the authority for an investigation, the Minister may direct the authority to do any or all of the following—\nto make a draft report available to the public, or a stated entity, during the investigation;\nto consider stated matters when conducting the investigation;\nto give a report of the results of the investigation to the Minister within a stated period;\nto make a recommendation to the Minister about a stated matter, including, for example, if the activity was referred to the authority under section 23 (1) , a recommendation about—\nwhether a price monitoring investigation should be conducted in relation to the activity; or\nif a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) .\nThe authority must comply with a direction.\ns 24 amd 2008 No. 35 s 23 ; 2013 No. 39 s 43 sch 1\n(sec.24-ssec.1) In referring a monopoly business activity to the authority for an investigation, the Minister may direct the authority to do any or all of the following— to make a draft report available to the public, or a stated entity, during the investigation; to consider stated matters when conducting the investigation; to give a report of the results of the investigation to the Minister within a stated period; to make a recommendation to the Minister about a stated matter, including, for example, if the activity was referred to the authority under section 23 (1) , a recommendation about— whether a price monitoring investigation should be conducted in relation to the activity; or if a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) .\n(sec.24-ssec.2) The authority must comply with a direction.\n- (a) to make a draft report available to the public, or a stated entity, during the investigation;\n- (b) to consider stated matters when conducting the investigation;\n- (c) to give a report of the results of the investigation to the Minister within a stated period;\n- (d) to make a recommendation to the Minister about a stated matter, including, for example, if the activity was referred to the authority under section 23 (1) , a recommendation about— (i) whether a price monitoring investigation should be conducted in relation to the activity; or (ii) if a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) .\n- (i) whether a price monitoring investigation should be conducted in relation to the activity; or\n- (ii) if a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) .\n- (i) whether a price monitoring investigation should be conducted in relation to the activity; or\n- (ii) if a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) .","sortOrder":54},{"sectionNumber":"sec.25","sectionType":"section","heading":"Notice of investigation","content":"### sec.25 Notice of investigation\n\nBefore starting an investigation under this division, the authority must give reasonable notice of the investigation.\nThe notice must be published on the authority’s website.\nThe notice must be given to—\nthe government agency or other person carrying on the monopoly business activity; or\nif the investigation relates to a monopoly business activity that is a significant business activity—\nthe local government Minister; and\nthe responsible local government for the local government entity carrying on the activity.\nThe authority may also give the notice to anyone else it considers appropriate.\nThe notice must—\nstate the authority’s intention to conduct the investigation; and\nstate the subject matter of the investigation; and\ninvite interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\nstate the authority’s address.\ns 25 amd 2000 No. 15 s 11 ; 2008 No. 35 s 24 ; 2018 No. 6 s 3\n(sec.25-ssec.1) Before starting an investigation under this division, the authority must give reasonable notice of the investigation.\n(sec.25-ssec.2) The notice must be published on the authority’s website.\n(sec.25-ssec.3) The notice must be given to— the government agency or other person carrying on the monopoly business activity; or if the investigation relates to a monopoly business activity that is a significant business activity— the local government Minister; and the responsible local government for the local government entity carrying on the activity.\n(sec.25-ssec.4) The authority may also give the notice to anyone else it considers appropriate.\n(sec.25-ssec.5) The notice must— state the authority’s intention to conduct the investigation; and state the subject matter of the investigation; and invite interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and state the authority’s address.\n- (a) the government agency or other person carrying on the monopoly business activity; or\n- (b) if the investigation relates to a monopoly business activity that is a significant business activity— (i) the local government Minister; and (ii) the responsible local government for the local government entity carrying on the activity.\n- (i) the local government Minister; and\n- (ii) the responsible local government for the local government entity carrying on the activity.\n- (i) the local government Minister; and\n- (ii) the responsible local government for the local government entity carrying on the activity.\n- (a) state the authority’s intention to conduct the investigation; and\n- (b) state the subject matter of the investigation; and\n- (c) invite interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\n- (d) state the authority’s address.","sortOrder":55},{"sectionNumber":"sec.26","sectionType":"section","heading":"Matters to be considered by authority for investigation","content":"### sec.26 Matters to be considered by authority for investigation\n\nIn conducting an investigation under this division, the authority must have regard to the following matters—\nthe need for efficient resource allocation;\nthe need to promote competition;\nthe protection of consumers from abuses of monopoly power;\nin relation to the goods or services to which the monopoly business activity relates—\nthe cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and\nthe actual cost of providing the goods or services; and\nthe standard of the goods or services, including quality, reliability and safety;\nthe appropriate rate of return on assets;\nthe effect of inflation;\nthe impact on the environment of prices charged by the government agency or other person carrying on the monopoly business activity;\nconsiderations of demand management;\nsocial welfare and equity considerations including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices;\nthe need for pricing practices not to discourage socially desirable investment or innovation by government agencies and persons carrying on non-government business activities;\nlegislation and government policies relating to ecologically sustainable development;\nlegislation and government policies relating to occupational health and safety and industrial relations;\neconomic and regional development issues, including employment and investment growth;\nif the monopoly business activity is a government business activity—any directions given by the government to the government agency by which the monopoly business activity is carried on.\nIf the investigation relates to a monopoly business activity involving the supply of water, the authority must have regard to water pricing determinations.\nSubsections (1) and (2) do not limit the matters to which the authority may have regard in conducting an investigation.\ns 26 amd 2000 No. 15 s 12 ; 2008 No. 35 s 25 ; 2013 No. 39 s 43 sch 1\n(sec.26-ssec.1) In conducting an investigation under this division, the authority must have regard to the following matters— the need for efficient resource allocation; the need to promote competition; the protection of consumers from abuses of monopoly power; in relation to the goods or services to which the monopoly business activity relates— the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and the actual cost of providing the goods or services; and the standard of the goods or services, including quality, reliability and safety; the appropriate rate of return on assets; the effect of inflation; the impact on the environment of prices charged by the government agency or other person carrying on the monopoly business activity; considerations of demand management; social welfare and equity considerations including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices; the need for pricing practices not to discourage socially desirable investment or innovation by government agencies and persons carrying on non-government business activities; legislation and government policies relating to ecologically sustainable development; legislation and government policies relating to occupational health and safety and industrial relations; economic and regional development issues, including employment and investment growth; if the monopoly business activity is a government business activity—any directions given by the government to the government agency by which the monopoly business activity is carried on.\n(sec.26-ssec.2) If the investigation relates to a monopoly business activity involving the supply of water, the authority must have regard to water pricing determinations.\n(sec.26-ssec.3) Subsections (1) and (2) do not limit the matters to which the authority may have regard in conducting an investigation.\n- (a) the need for efficient resource allocation;\n- (b) the need to promote competition;\n- (c) the protection of consumers from abuses of monopoly power;\n- (d) in relation to the goods or services to which the monopoly business activity relates— (i) the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and (ii) the actual cost of providing the goods or services; and (iii) the standard of the goods or services, including quality, reliability and safety;\n- (i) the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and\n- (ii) the actual cost of providing the goods or services; and\n- (iii) the standard of the goods or services, including quality, reliability and safety;\n- (e) the appropriate rate of return on assets;\n- (f) the effect of inflation;\n- (g) the impact on the environment of prices charged by the government agency or other person carrying on the monopoly business activity;\n- (h) considerations of demand management;\n- (i) social welfare and equity considerations including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices;\n- (j) the need for pricing practices not to discourage socially desirable investment or innovation by government agencies and persons carrying on non-government business activities;\n- (k) legislation and government policies relating to ecologically sustainable development;\n- (l) legislation and government policies relating to occupational health and safety and industrial relations;\n- (m) economic and regional development issues, including employment and investment growth;\n- (n) if the monopoly business activity is a government business activity—any directions given by the government to the government agency by which the monopoly business activity is carried on.\n- (i) the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and\n- (ii) the actual cost of providing the goods or services; and\n- (iii) the standard of the goods or services, including quality, reliability and safety;","sortOrder":56},{"sectionNumber":"sec.27","sectionType":"section","heading":"Procedures for investigations","content":"### sec.27 Procedures for investigations\n\nPart 6 applies to an investigation under this division.","sortOrder":57},{"sectionNumber":"sec.28","sectionType":"section","heading":"Ending of authority’s jurisdiction for investigation","content":"### sec.28 Ending of authority’s jurisdiction for investigation\n\nThe authority’s jurisdiction to continue an investigation about a monopoly business activity ends if—\nthe activity stops being a monopoly business activity; or\nthe reference of the activity to the authority by the Minister is withdrawn, or otherwise ends under section 23A .\nIf the authority’s jurisdiction to continue an investigation ends, the authority may report the results of the investigation, up to the time its jurisdiction ended, to—\nthe Minister; and\nif the monopoly business activity is a non-government business activity—the person carrying on the activity.\ns 28 amd 2008 No. 35 s 26 ; 2013 No. 39 s 43 sch 1\n(sec.28-ssec.1) The authority’s jurisdiction to continue an investigation about a monopoly business activity ends if— the activity stops being a monopoly business activity; or the reference of the activity to the authority by the Minister is withdrawn, or otherwise ends under section 23A .\n(sec.28-ssec.2) If the authority’s jurisdiction to continue an investigation ends, the authority may report the results of the investigation, up to the time its jurisdiction ended, to— the Minister; and if the monopoly business activity is a non-government business activity—the person carrying on the activity.\n- (a) the activity stops being a monopoly business activity; or\n- (b) the reference of the activity to the authority by the Minister is withdrawn, or otherwise ends under section 23A .\n- (a) the Minister; and\n- (b) if the monopoly business activity is a non-government business activity—the person carrying on the activity.","sortOrder":58},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Reports of authority about investigations","content":"## Reports of authority about investigations","sortOrder":59},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application of division","content":"### sec.29 Application of division\n\nThis division applies to—\nthe authority for reporting the results of an investigation conducted by it under division 3 , including the periodic reporting of the results of a price monitoring investigation; and\na report of the authority of the results of the investigation.\ns 29 amd 2008 No. 35 s 27\n- (a) the authority for reporting the results of an investigation conducted by it under division 3 , including the periodic reporting of the results of a price monitoring investigation; and\n- (b) a report of the authority of the results of the investigation.","sortOrder":60},{"sectionNumber":"sec.30","sectionType":"section","heading":"Authority to report to Minister","content":"### sec.30 Authority to report to Minister\n\nThe authority must report the results of an investigation to the Minister.\nAlso, if the investigation is a price monitoring investigation, the authority must periodically report the results of the investigation to the Minister as required under the notice given to the authority under section 23A (3) .\nIf the investigation relates to a monopoly business activity that is a significant business activity, the authority must, on the same day as it reports the results of the investigation to the Minister, give a copy of the report to—\nthe local government Minister; and\nthe responsible local government for the local government entity carrying on the activity.\ns 30 amd 2000 No. 15 s 13 ; 2008 No. 35 s 28 ; 2013 No. 39 s 43 sch 1\n(sec.30-ssec.1) The authority must report the results of an investigation to the Minister.\n(sec.30-ssec.2) Also, if the investigation is a price monitoring investigation, the authority must periodically report the results of the investigation to the Minister as required under the notice given to the authority under section 23A (3) .\n(sec.30-ssec.3) If the investigation relates to a monopoly business activity that is a significant business activity, the authority must, on the same day as it reports the results of the investigation to the Minister, give a copy of the report to— the local government Minister; and the responsible local government for the local government entity carrying on the activity.\n- (a) the local government Minister; and\n- (b) the responsible local government for the local government entity carrying on the activity.","sortOrder":61},{"sectionNumber":"sec.31","sectionType":"section","heading":"Authority to give copy of report to government agency or other person carrying on activity","content":"### sec.31 Authority to give copy of report to government agency or other person carrying on activity\n\nOn the same day as it reports the results of an investigation to the Minister, the authority must give a copy of the report to the government agency or other person carrying on the monopoly business activity.\ns 31 sub 2008 No. 35 s 29\namd 2013 No. 39 s 43 sch 1","sortOrder":62},{"sectionNumber":"sec.32","sectionType":"section","heading":"Multiple reports","content":"### sec.32 Multiple reports\n\nFor reporting the results of an investigation, the authority may make more than 1 report.","sortOrder":63},{"sectionNumber":"sec.33","sectionType":"section","heading":"Contents of report","content":"### sec.33 Contents of report\n\nThe authority must include in a report—\nif the investigation is not a price monitoring investigation—its recommendations about the pricing practices relating to the monopoly business activity; and\nany recommendations made by the authority as required under a direction given to the authority by the Minister for the investigation; and\nthe reasons for its recommendations; and\nif the investigation is a price monitoring investigation—the information obtained by the authority about the pricing practices relating to the monopoly business activity; and\nif the Minister gave a direction to the authority for the investigation—details of the direction.\nThe authority may include in a report anything else about the investigation it considers appropriate.\ns 33 amd 2008 No. 35 s 30 ; 2013 No. 39 s 43 sch 1\n(sec.33-ssec.1) The authority must include in a report— if the investigation is not a price monitoring investigation—its recommendations about the pricing practices relating to the monopoly business activity; and any recommendations made by the authority as required under a direction given to the authority by the Minister for the investigation; and the reasons for its recommendations; and if the investigation is a price monitoring investigation—the information obtained by the authority about the pricing practices relating to the monopoly business activity; and if the Minister gave a direction to the authority for the investigation—details of the direction.\n(sec.33-ssec.2) The authority may include in a report anything else about the investigation it considers appropriate.\n- (a) if the investigation is not a price monitoring investigation—its recommendations about the pricing practices relating to the monopoly business activity; and\n- (b) any recommendations made by the authority as required under a direction given to the authority by the Minister for the investigation; and\n- (c) the reasons for its recommendations; and\n- (d) if the investigation is a price monitoring investigation—the information obtained by the authority about the pricing practices relating to the monopoly business activity; and\n- (e) if the Minister gave a direction to the authority for the investigation—details of the direction.","sortOrder":64},{"sectionNumber":"sec.34","sectionType":"section","heading":"Public availability of reports","content":"### sec.34 Public availability of reports\n\nThe authority must make a copy of a report available for public inspection as soon as practicable after giving the report to the Minister.\nArrangements made for subsection (1) must include ensuring a copy of the report is available for public inspection during office hours on business days at the authority’s office.\nThe authority may publish a report that is available for public inspection.\nSubsection (1) applies subject to section 35 .\ns 34 amd 2000 No. 15 s 14 ; 2008 No. 35 s 31 ; 2013 No. 39 s 43 sch 1\n(sec.34-ssec.1) The authority must make a copy of a report available for public inspection as soon as practicable after giving the report to the Minister.\n(sec.34-ssec.2) Arrangements made for subsection (1) must include ensuring a copy of the report is available for public inspection during office hours on business days at the authority’s office.\n(sec.34-ssec.3) The authority may publish a report that is available for public inspection.\n(sec.34-ssec.4) Subsection (1) applies subject to section 35 .","sortOrder":65},{"sectionNumber":"sec.35","sectionType":"section","heading":"Delaying public availability of reports","content":"### sec.35 Delaying public availability of reports\n\nThe authority may decide that, in the special circumstances of the case, a report, or a part of a report, must not be made available for public inspection for a stated period.\nThe decision and the reasons for it must be stated in the report.\nSection 34 (1) applies to the report, or part of the report, to which the decision relates as if the report were given to the Minister at the end of the period mentioned in subsection (1) .\ns 35 amd 2000 No. 15 s 15\nsub 2008 No. 35 s 32\namd 2013 No. 39 s 43 sch 1\n(sec.35-ssec.1) The authority may decide that, in the special circumstances of the case, a report, or a part of a report, must not be made available for public inspection for a stated period.\n(sec.35-ssec.2) The decision and the reasons for it must be stated in the report.\n(sec.35-ssec.3) Section 34 (1) applies to the report, or part of the report, to which the decision relates as if the report were given to the Minister at the end of the period mentioned in subsection (1) .","sortOrder":66},{"sectionNumber":"sec.36","sectionType":"section","heading":"Decision of Minister about particular recommendations in report—monopoly business activity that is a government business activity, other than a significant business activity","content":"### sec.36 Decision of Minister about particular recommendations in report—monopoly business activity that is a government business activity, other than a significant business activity\n\nThis section applies to recommendations about pricing practices, or price monitoring recommendations, contained in a report relating to a monopoly business activity that is a government business activity, other than a significant business activity.\nWithin 90 days after the Minister receives a report, the Minister must—\naccept (with or without qualification), or reject, the recommendations; or\naccept (with or without qualification) some of the recommendations and reject the other recommendations.\nBefore making a decision under subsection (2) about a monopoly business activity involving the supply of water, the Minister must have regard to water pricing determinations.\nAs soon as practicable after making a decision under subsection (2) , the Minister must notify the decision and the reasons for the decision by gazette notice.\nIn this section—\nprice monitoring recommendations means recommendations about—\nwhether a price monitoring investigation should be conducted in relation to the monopoly business activity; or\nwhat the nature of a future price monitoring investigation in relation to the activity should be.\ns 36 amd 2000 No. 15 s 16 ; 2008 No. 35 s 33 ; 2013 No. 39 s 43 sch 1\n(sec.36-ssec.1) This section applies to recommendations about pricing practices, or price monitoring recommendations, contained in a report relating to a monopoly business activity that is a government business activity, other than a significant business activity.\n(sec.36-ssec.2) Within 90 days after the Minister receives a report, the Minister must— accept (with or without qualification), or reject, the recommendations; or accept (with or without qualification) some of the recommendations and reject the other recommendations.\n(sec.36-ssec.3) Before making a decision under subsection (2) about a monopoly business activity involving the supply of water, the Minister must have regard to water pricing determinations.\n(sec.36-ssec.4) As soon as practicable after making a decision under subsection (2) , the Minister must notify the decision and the reasons for the decision by gazette notice.\n(sec.36-ssec.5) In this section— price monitoring recommendations means recommendations about— whether a price monitoring investigation should be conducted in relation to the monopoly business activity; or what the nature of a future price monitoring investigation in relation to the activity should be.\n- (a) accept (with or without qualification), or reject, the recommendations; or\n- (b) accept (with or without qualification) some of the recommendations and reject the other recommendations.\n- (a) whether a price monitoring investigation should be conducted in relation to the monopoly business activity; or\n- (b) what the nature of a future price monitoring investigation in relation to the activity should be.","sortOrder":67},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Decision of responsible local government about particular recommendations in report—monopoly business activity that is a significant business activity","content":"### sec.36A Decision of responsible local government about particular recommendations in report—monopoly business activity that is a significant business activity\n\nThis section applies to recommendations about pricing practices contained in a report relating to a monopoly business activity that is a significant business activity.\nWithin 90 days after the responsible local government for the local government entity carrying on the activity receives the report, the responsible local government must, by resolution—\naccept, with or without qualification, or reject, the recommendations; or\naccept, with or without qualification, some of the recommendations and reject the other recommendations.\nBefore making a decision under subsection (2) about a significant business activity involving the supply of water, the responsible local government must have regard to water pricing determinations.\nAs soon as practicable after making a decision under subsection (2) , the responsible local government must—\nnotify the decision and the reasons for the decision by gazette notice; and\ngive a copy of the decision and the reasons for the decision to—\nthe Minister; and\nthe authority; and\nthe local government Minister; and\nthe local government entity carrying on the activity.\ns 36A ins 2000 No. 15 s 17\namd 2008 No. 35 s 34 ; 2013 No. 39 s 43 sch 1\n(sec.36A-ssec.1) This section applies to recommendations about pricing practices contained in a report relating to a monopoly business activity that is a significant business activity.\n(sec.36A-ssec.2) Within 90 days after the responsible local government for the local government entity carrying on the activity receives the report, the responsible local government must, by resolution— accept, with or without qualification, or reject, the recommendations; or accept, with or without qualification, some of the recommendations and reject the other recommendations.\n(sec.36A-ssec.3) Before making a decision under subsection (2) about a significant business activity involving the supply of water, the responsible local government must have regard to water pricing determinations.\n(sec.36A-ssec.4) As soon as practicable after making a decision under subsection (2) , the responsible local government must— notify the decision and the reasons for the decision by gazette notice; and give a copy of the decision and the reasons for the decision to— the Minister; and the authority; and the local government Minister; and the local government entity carrying on the activity.\n- (a) accept, with or without qualification, or reject, the recommendations; or\n- (b) accept, with or without qualification, some of the recommendations and reject the other recommendations.\n- (a) notify the decision and the reasons for the decision by gazette notice; and\n- (b) give a copy of the decision and the reasons for the decision to— (i) the Minister; and (ii) the authority; and (iii) the local government Minister; and (iv) the local government entity carrying on the activity.\n- (i) the Minister; and\n- (ii) the authority; and\n- (iii) the local government Minister; and\n- (iv) the local government entity carrying on the activity.\n- (i) the Minister; and\n- (ii) the authority; and\n- (iii) the local government Minister; and\n- (iv) the local government entity carrying on the activity.","sortOrder":68},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Response to report of person carrying on activity—monopoly business activity that is a non-government business activity","content":"### sec.36B Response to report of person carrying on activity—monopoly business activity that is a non-government business activity\n\nThis section applies to a report relating to a monopoly business activity that is a non-government business activity.\nWithin 90 days after receiving the report, the person carrying on the activity must give the authority the person’s written response to the report, including details of any action the person will or may take in response to each recommendation contained in the report.\nMaximum penalty—500 penalty units.\ns 36B ins 2008 No. 35 s 35\n(sec.36B-ssec.1) This section applies to a report relating to a monopoly business activity that is a non-government business activity.\n(sec.36B-ssec.2) Within 90 days after receiving the report, the person carrying on the activity must give the authority the person’s written response to the report, including details of any action the person will or may take in response to each recommendation contained in the report. Maximum penalty—500 penalty units.","sortOrder":69},{"sectionNumber":"sec.37","sectionType":"section","heading":"Referral of particular accepted recommendations to responsible Minister—monopoly business activity that is government business activity","content":"### sec.37 Referral of particular accepted recommendations to responsible Minister—monopoly business activity that is government business activity\n\nThis section applies if the Minister accepts recommendations about pricing practices relating to a monopoly business activity that is a government business activity.\nThe Minister must refer the recommendations, and any qualifications on which the recommendations are accepted, to the responsible Minister for the government agency carrying on the monopoly business activity.\ns 37 sub 2008 No. 35 s 36\namd 2013 No. 39 s 43 sch 1\n(sec.37-ssec.1) This section applies if the Minister accepts recommendations about pricing practices relating to a monopoly business activity that is a government business activity.\n(sec.37-ssec.2) The Minister must refer the recommendations, and any qualifications on which the recommendations are accepted, to the responsible Minister for the government agency carrying on the monopoly business activity.","sortOrder":70},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Register of recommendations, and decisions or responses, relating to monopoly business activities involving the supply of water","content":"### sec.37A Register of recommendations, and decisions or responses, relating to monopoly business activities involving the supply of water\n\nThe authority must keep a register of—\nthe authority’s recommendations about pricing practices contained in reports of the results of investigations about monopoly business activities involving the supply of water; and\nwhichever of the following applies in relation to the recommendations—\nif the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ;\nif the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ;\nif the activities are non-government business activities—the responses of the persons carrying on the activities.\nThe register must include, for each recommendation, details of the following—\nthe name of the government agency or other person carrying on the monopoly business activity;\nthe monopoly business activity;\nthe reasons for the recommendation;\nthe day the report in which the recommendation is made is to be, or was, given to—\nif the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or\notherwise—the Minister.\nThe register must also include, for each decision mentioned in subsection (1) (b) , details of the following—\nthe day the decision was made;\nthe day the decision is to be, or was, notified under section 36 (4) or 36A (4) .\ns 37A ins 2000 No. 15 s 18\nsub 2008 No. 35 s 36\namd 2013 No. 39 s 43 sch 1\n(sec.37A-ssec.1) The authority must keep a register of— the authority’s recommendations about pricing practices contained in reports of the results of investigations about monopoly business activities involving the supply of water; and whichever of the following applies in relation to the recommendations— if the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ; if the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ; if the activities are non-government business activities—the responses of the persons carrying on the activities.\n(sec.37A-ssec.2) The register must include, for each recommendation, details of the following— the name of the government agency or other person carrying on the monopoly business activity; the monopoly business activity; the reasons for the recommendation; the day the report in which the recommendation is made is to be, or was, given to— if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or otherwise—the Minister.\n(sec.37A-ssec.3) The register must also include, for each decision mentioned in subsection (1) (b) , details of the following— the day the decision was made; the day the decision is to be, or was, notified under section 36 (4) or 36A (4) .\n- (a) the authority’s recommendations about pricing practices contained in reports of the results of investigations about monopoly business activities involving the supply of water; and\n- (b) whichever of the following applies in relation to the recommendations— (i) if the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ; (ii) if the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ; (iii) if the activities are non-government business activities—the responses of the persons carrying on the activities.\n- (i) if the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ;\n- (ii) if the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ;\n- (iii) if the activities are non-government business activities—the responses of the persons carrying on the activities.\n- (i) if the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ;\n- (ii) if the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ;\n- (iii) if the activities are non-government business activities—the responses of the persons carrying on the activities.\n- (a) the name of the government agency or other person carrying on the monopoly business activity;\n- (b) the monopoly business activity;\n- (c) the reasons for the recommendation;\n- (d) the day the report in which the recommendation is made is to be, or was, given to— (i) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or (ii) otherwise—the Minister.\n- (i) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or\n- (ii) otherwise—the Minister.\n- (i) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or\n- (ii) otherwise—the Minister.\n- (a) the day the decision was made;\n- (b) the day the decision is to be, or was, notified under section 36 (4) or 36A (4) .","sortOrder":71},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":72},{"sectionNumber":"sec.37B","sectionType":"section","heading":"Authority may give advice about pricing practices","content":"### sec.37B Authority may give advice about pricing practices\n\nThe authority may, if requested by a government agency or another person carrying on a monopoly business activity, give the person advice about pricing practices relating to the activity.\nAdvice given under this section is not binding on any person.\ns 37B ins 2000 No. 15 s 18\nsub 2008 No. 35 ss 36 – 37\n(sec.37B-ssec.1) The authority may, if requested by a government agency or another person carrying on a monopoly business activity, give the person advice about pricing practices relating to the activity.\n(sec.37B-ssec.2) Advice given under this section is not binding on any person.","sortOrder":73},{"sectionNumber":"pt.4","sectionType":"part","heading":"Competitive neutrality","content":"# Competitive neutrality","sortOrder":74},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":75},{"sectionNumber":"sec.38","sectionType":"section","heading":"Principle of competitive neutrality","content":"### sec.38 Principle of competitive neutrality\n\nThe principle of competitive neutrality is the principle that a government agency carrying on a significant business activity should not enjoy a competitive advantage over competitors or potential competitors in a particular market solely because the agency’s activities are not subject to 1 or more of the following—\nfull Commonwealth or State taxes or tax equivalent systems;\ndebt guarantee fees directed towards offsetting the competitive advantages of government guarantees;\nprocedural or regulatory requirements of the Commonwealth, the State or a local government on conditions equivalent to the conditions to which a competitor or potential competitor may be subject, including, for example, requirements about the protection of the environment and about planning and approval processes.\nIn this section—\nsignificant business activity see section 39 (3) .\ns 38 prev s 38 amd 2000 No. 15 s 19\nom 2015 No. 29 s 65\npres s 38 ins 2021 No. 12 s 203\n(sec.38-ssec.1) The principle of competitive neutrality is the principle that a government agency carrying on a significant business activity should not enjoy a competitive advantage over competitors or potential competitors in a particular market solely because the agency’s activities are not subject to 1 or more of the following— full Commonwealth or State taxes or tax equivalent systems; debt guarantee fees directed towards offsetting the competitive advantages of government guarantees; procedural or regulatory requirements of the Commonwealth, the State or a local government on conditions equivalent to the conditions to which a competitor or potential competitor may be subject, including, for example, requirements about the protection of the environment and about planning and approval processes.\n(sec.38-ssec.2) In this section— significant business activity see section 39 (3) .\n- (a) full Commonwealth or State taxes or tax equivalent systems;\n- (b) debt guarantee fees directed towards offsetting the competitive advantages of government guarantees;\n- (c) procedural or regulatory requirements of the Commonwealth, the State or a local government on conditions equivalent to the conditions to which a competitor or potential competitor may be subject, including, for example, requirements about the protection of the environment and about planning and approval processes.","sortOrder":76},{"sectionNumber":"sec.39","sectionType":"section","heading":"Significant business activities","content":"### sec.39 Significant business activities\n\nThe Minister may, on the recommendation of the authority, decide that a business activity carried out by a government agency other than a government owned corporation is a significant business activity.\nThe Minister must give written notice of the decision to the government agency.\nA significant business activity is a business activity that—\nthe Minister decides is a significant business activity under subsection (1) ; or\nis carried out by a government owned corporation.\nThe authority must publish a list of all significant business activities on its website.\ns 39 prev s 39 amd 2000 No. 15 s 2 sch ; 2013 No. 39 s 16\nom 2015 No. 29 s 65\npres s 39 ins 2021 No. 12 s 203\n(sec.39-ssec.1) The Minister may, on the recommendation of the authority, decide that a business activity carried out by a government agency other than a government owned corporation is a significant business activity.\n(sec.39-ssec.2) The Minister must give written notice of the decision to the government agency.\n(sec.39-ssec.3) A significant business activity is a business activity that— the Minister decides is a significant business activity under subsection (1) ; or is carried out by a government owned corporation.\n(sec.39-ssec.4) The authority must publish a list of all significant business activities on its website.\n- (a) the Minister decides is a significant business activity under subsection (1) ; or\n- (b) is carried out by a government owned corporation.","sortOrder":77},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Competitive neutrality complaints","content":"## Competitive neutrality complaints","sortOrder":78},{"sectionNumber":"sec.40","sectionType":"section","heading":"Meaning of competitive neutrality complaint","content":"### sec.40 Meaning of competitive neutrality complaint\n\nA competitive neutrality complaint is a complaint about the alleged failure of a government agency to comply with the principle of competitive neutrality.\ns 40 prev s 40 om 2015 No. 29 s 65\npres s 40 ins 2021 No. 12 s 203","sortOrder":79},{"sectionNumber":"sec.41","sectionType":"section","heading":"Making competitive neutrality complaint","content":"### sec.41 Making competitive neutrality complaint\n\nA person may make a competitive neutrality complaint to the authority if the person is, or could be—\na person in competition with a government agency in a particular market; or\na person adversely affected by a competitive advantage the person alleges is enjoyed by the government agency.\nThe complaint must—\nbe in writing; and\ncontain details of the alleged failure of a government agency to comply with the principle of competitive neutrality; and\ninclude sufficient details to show—\nthe person and the government agency are, or could be, in competition in a particular market; or\nhow the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and\ninclude sufficient details to show whether the person has made a genuine, but unsuccessful, attempt to resolve the subject matter of the complaint with the government agency.\ns 41 prev s 41 om 2015 No. 29 s 65\npres s 41 ins 2021 No. 12 s 203\n(sec.41-ssec.1) A person may make a competitive neutrality complaint to the authority if the person is, or could be— a person in competition with a government agency in a particular market; or a person adversely affected by a competitive advantage the person alleges is enjoyed by the government agency.\n(sec.41-ssec.2) The complaint must— be in writing; and contain details of the alleged failure of a government agency to comply with the principle of competitive neutrality; and include sufficient details to show— the person and the government agency are, or could be, in competition in a particular market; or how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and include sufficient details to show whether the person has made a genuine, but unsuccessful, attempt to resolve the subject matter of the complaint with the government agency.\n- (a) a person in competition with a government agency in a particular market; or\n- (b) a person adversely affected by a competitive advantage the person alleges is enjoyed by the government agency.\n- (a) be in writing; and\n- (b) contain details of the alleged failure of a government agency to comply with the principle of competitive neutrality; and\n- (c) include sufficient details to show— (i) the person and the government agency are, or could be, in competition in a particular market; or (ii) how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and\n- (i) the person and the government agency are, or could be, in competition in a particular market; or\n- (ii) how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and\n- (d) include sufficient details to show whether the person has made a genuine, but unsuccessful, attempt to resolve the subject matter of the complaint with the government agency.\n- (i) the person and the government agency are, or could be, in competition in a particular market; or\n- (ii) how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and","sortOrder":80},{"sectionNumber":"sec.42","sectionType":"section","heading":"Further information to support complaint","content":"### sec.42 Further information to support complaint\n\nThe authority may, by written notice, require a complainant to give the authority further stated information about the competitive neutrality complaint within the reasonable period stated in the notice.\nThe stated information must be information that the authority considers is necessary and reasonable to help the authority decide whether or not to investigate the complaint.\ns 42 prev s 42 om 2015 No. 29 s 65\npres s 42 ins 2021 No. 12 s 203\n(sec.42-ssec.1) The authority may, by written notice, require a complainant to give the authority further stated information about the competitive neutrality complaint within the reasonable period stated in the notice.\n(sec.42-ssec.2) The stated information must be information that the authority considers is necessary and reasonable to help the authority decide whether or not to investigate the complaint.","sortOrder":81},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Dealing with competitive neutrality complaints","content":"## Dealing with competitive neutrality complaints","sortOrder":82},{"sectionNumber":"sec.43","sectionType":"section","heading":"Guideline for dealing with complaints","content":"### sec.43 Guideline for dealing with complaints\n\nThe Minister may approve a guideline that sets out the process for dealing with competitive neutrality complaints.\nThe authority must—\npublish the approved guideline on its website; and\nsubject to this part, comply with the approved guideline when dealing with a competitive neutrality complaint.\ns 43 prev s 43 om 2015 No. 29 s 65\npres s 43 ins 2021 No. 12 s 203\n(sec.43-ssec.1) The Minister may approve a guideline that sets out the process for dealing with competitive neutrality complaints.\n(sec.43-ssec.2) The authority must— publish the approved guideline on its website; and subject to this part, comply with the approved guideline when dealing with a competitive neutrality complaint.\n- (a) publish the approved guideline on its website; and\n- (b) subject to this part, comply with the approved guideline when dealing with a competitive neutrality complaint.","sortOrder":83},{"sectionNumber":"sec.44","sectionType":"section","heading":"Requirement to investigate complaint","content":"### sec.44 Requirement to investigate complaint\n\nThe authority must investigate a competitive neutrality complaint under division 4 unless the authority refuses to deal with, or to continue to deal with, the complaint under section 45 .\ns 44 prev s 44 om 2015 No. 29 s 65\npres s 44 ins 2021 No. 12 s 203","sortOrder":84},{"sectionNumber":"sec.45","sectionType":"section","heading":"Refusing complaint","content":"### sec.45 Refusing complaint\n\nThe authority may refuse a competitive neutrality complaint if—\nthe authority believes the complainant is not, and could not be, in competition in a particular market with the government agency the subject of the complaint; or\nthe authority believes the complainant has not made a genuine attempt to resolve the complaint with the government agency the subject of the complaint; or\nthe complainant failed, without reasonable excuse, to comply with a notice, given to the complainant under section 42 , requiring the complainant to give stated information to the authority; or\nthe authority believes the complaint is frivolous or vexatious.\nWithin 14 days after deciding to refuse the complaint, the authority must give the complainant a notice that states the decision and the reasons for the decision.\nIn this section—\nrefuse , in relation to a competitive neutrality complaint, means refuse to deal with, or continue to deal with, the complaint.\ns 45 prev s 45 om 2015 No. 29 s 65\npres s 45 ins 2021 No. 12 s 203\n(sec.45-ssec.1) The authority may refuse a competitive neutrality complaint if— the authority believes the complainant is not, and could not be, in competition in a particular market with the government agency the subject of the complaint; or the authority believes the complainant has not made a genuine attempt to resolve the complaint with the government agency the subject of the complaint; or the complainant failed, without reasonable excuse, to comply with a notice, given to the complainant under section 42 , requiring the complainant to give stated information to the authority; or the authority believes the complaint is frivolous or vexatious.\n(sec.45-ssec.2) Within 14 days after deciding to refuse the complaint, the authority must give the complainant a notice that states the decision and the reasons for the decision.\n(sec.45-ssec.3) In this section— refuse , in relation to a competitive neutrality complaint, means refuse to deal with, or continue to deal with, the complaint.\n- (a) the authority believes the complainant is not, and could not be, in competition in a particular market with the government agency the subject of the complaint; or\n- (b) the authority believes the complainant has not made a genuine attempt to resolve the complaint with the government agency the subject of the complaint; or\n- (c) the complainant failed, without reasonable excuse, to comply with a notice, given to the complainant under section 42 , requiring the complainant to give stated information to the authority; or\n- (d) the authority believes the complaint is frivolous or vexatious.","sortOrder":85},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Investigation of competitive neutrality complaints","content":"## Investigation of competitive neutrality complaints","sortOrder":86},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application of division","content":"### sec.46 Application of division\n\nThis division applies if the authority is required to investigate, under this division, a competitive neutrality complaint made against a government agency.\ns 46 prev s 46 om 2015 No. 29 s 65\npres s 46 ins 2021 No. 12 s 203","sortOrder":87},{"sectionNumber":"sec.47","sectionType":"section","heading":"Notice of investigation","content":"### sec.47 Notice of investigation\n\nThe authority must give written notice of the requirement for the investigation to—\nthe government agency; and\nthe responsible Minister for the government agency; and\nthe complainant.\nThe notice must be given a reasonable period before the authority starts the investigation.\nThe authority may also give notice of the investigation to any other person the authority considers appropriate.\ns 47 prev s 47 amd 2013 No. 39 s 43 sch 1\nom 2015 No. 29 s 65\npres s 47 ins 2021 No. 12 s 203\n(sec.47-ssec.1) The authority must give written notice of the requirement for the investigation to— the government agency; and the responsible Minister for the government agency; and the complainant.\n(sec.47-ssec.2) The notice must be given a reasonable period before the authority starts the investigation.\n(sec.47-ssec.3) The authority may also give notice of the investigation to any other person the authority considers appropriate.\n- (a) the government agency; and\n- (b) the responsible Minister for the government agency; and\n- (c) the complainant.","sortOrder":88},{"sectionNumber":"sec.48","sectionType":"section","heading":"Power to require certain information from government agency","content":"### sec.48 Power to require certain information from government agency\n\nThe authority may require the government agency, by written notice given to the agency, to—\ngive the authority stated information relevant to the complaint within a stated period; or\nproduce a stated document relevant to the complaint to the authority at a stated time and place.\nThe government agency must comply with the notice unless—\nthe stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or\ngiving the stated information or document to the authority is prohibited under an Act; or\ngiving the stated information or document to the authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.\nThe government agency is not liable for a breach of a contract, confidence or duty for giving the authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice.\ns 48 prev s 48 om 2015 No. 29 s 65\npres s 48 ins 2021 No. 12 s 203\n(sec.48-ssec.1) The authority may require the government agency, by written notice given to the agency, to— give the authority stated information relevant to the complaint within a stated period; or produce a stated document relevant to the complaint to the authority at a stated time and place.\n(sec.48-ssec.2) The government agency must comply with the notice unless— the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or giving the stated information or document to the authority is prohibited under an Act; or giving the stated information or document to the authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.\n(sec.48-ssec.3) The government agency is not liable for a breach of a contract, confidence or duty for giving the authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice.\n- (a) give the authority stated information relevant to the complaint within a stated period; or\n- (b) produce a stated document relevant to the complaint to the authority at a stated time and place.\n- (a) the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or\n- (b) giving the stated information or document to the authority is prohibited under an Act; or\n- (c) giving the stated information or document to the authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.","sortOrder":89},{"sectionNumber":"sec.49","sectionType":"section","heading":"Requirement for report about investigation","content":"### sec.49 Requirement for report about investigation\n\nAfter the authority completes the investigation, the authority must—\nprepare a written report about the investigation and the results of the investigation; and\ngive the report to the Minister.\nThe authority may recommend in the report that the report, or part of it, not be made available to the public until the end of a stated period.\nThe authority must include the reasons for the recommendation in the report.\ns 49 prev s 49 amd 2013 No. 39 s 17\nom 2015 No. 29 s 65\npres s 49 ins 2021 No. 12 s 203\n(sec.49-ssec.1) After the authority completes the investigation, the authority must— prepare a written report about the investigation and the results of the investigation; and give the report to the Minister.\n(sec.49-ssec.2) The authority may recommend in the report that the report, or part of it, not be made available to the public until the end of a stated period.\n(sec.49-ssec.3) The authority must include the reasons for the recommendation in the report.\n- (a) prepare a written report about the investigation and the results of the investigation; and\n- (b) give the report to the Minister.","sortOrder":90},{"sectionNumber":"sec.50","sectionType":"section","heading":"Minister’s response to report about investigation","content":"### sec.50 Minister’s response to report about investigation\n\nAs soon as practicable after receiving the report about the investigation from the authority, the Minister must give the authority a response to the report.\ns 50 prev s 50 om 2015 No. 29 s 65\npres s 50 ins 2021 No. 12 s 203","sortOrder":91},{"sectionNumber":"sec.51","sectionType":"section","heading":"Publication of report about investigation","content":"### sec.51 Publication of report about investigation\n\nAs soon as practicable after receiving the Minister’s response to its report about the investigation, the authority must publish the report on its website.\nHowever, if the Minister accepted a recommendation under section 49 to delay publication of the report, or part of it, the authority must not publish the report or part on its website until the end of the period stated in the recommendation.\ns 51 prev s 51 om 2015 No. 29 s 65\npres s 51 ins 2021 No. 12 s 203\n(sec.51-ssec.1) As soon as practicable after receiving the Minister’s response to its report about the investigation, the authority must publish the report on its website.\n(sec.51-ssec.2) However, if the Minister accepted a recommendation under section 49 to delay publication of the report, or part of it, the authority must not publish the report or part on its website until the end of the period stated in the recommendation.","sortOrder":92},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"General","content":"## General","sortOrder":93},{"sectionNumber":"sec.52","sectionType":"section","heading":"Confidentiality requests","content":"### sec.52 Confidentiality requests\n\nThis section applies if a person believes that the disclosure of information given, or to be given, to the authority under this part is likely to damage the person’s commercial activities.\nThe person may give the authority a written notice (a confidentiality request ) that—\nstates the person’s belief; and\nasks the authority not to disclose the information to an external entity without the person’s consent.\nThe authority may accept the person’s confidentiality request if the authority is satisfied—\nthe person’s belief is justified; and\ndisclosure of the information would not be in the public interest.\nIf the authority accepts the person’s confidentiality request, the authority must not—\ninclude the information in a report about the investigation of a competitive neutrality complaint; or\notherwise disclose the information to an external entity.\nSubsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person.\nIn this section—\ncommercial activities means activities conducted on a commercial basis.\ncontractor , of the authority, means a person (other than a member or employee of the authority) who performs services for the authority—\nunder a contract between the person and the authority; or\nunder an arrangement between the authority and another person.\nexternal entity , in relation to information, means an entity other than—\nthe Minister; or\nif the information relates to a government agency—the responsible Minister for the government agency; or\na member of the authority; or\na member of the authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or\nif the information relates to a local government—the local government.\ninformation includes a document.\nperson includes a government agency.\ns 52 prev s 52 amd 2013 No. 39 s 43 sch 1\nom 2015 No. 29 s 65\npres s 52 ins 2021 No. 12 s 203\n(sec.52-ssec.1) This section applies if a person believes that the disclosure of information given, or to be given, to the authority under this part is likely to damage the person’s commercial activities.\n(sec.52-ssec.2) The person may give the authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent.\n(sec.52-ssec.3) The authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest.\n(sec.52-ssec.4) If the authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity.\n(sec.52-ssec.5) Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person.\n(sec.52-ssec.6) In this section— commercial activities means activities conducted on a commercial basis. contractor , of the authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or if the information relates to a government agency—the responsible Minister for the government agency; or a member of the authority; or a member of the authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or if the information relates to a local government—the local government. information includes a document. person includes a government agency.\n- (a) states the person’s belief; and\n- (b) asks the authority not to disclose the information to an external entity without the person’s consent.\n- (a) the person’s belief is justified; and\n- (b) disclosure of the information would not be in the public interest.\n- (a) include the information in a report about the investigation of a competitive neutrality complaint; or\n- (b) otherwise disclose the information to an external entity.\n- (a) under a contract between the person and the authority; or\n- (b) under an arrangement between the authority and another person.\n- (a) the Minister; or\n- (b) if the information relates to a government agency—the responsible Minister for the government agency; or\n- (c) a member of the authority; or\n- (d) a member of the authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or\n- (e) if the information relates to a local government—the local government.","sortOrder":94},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2015 No. 29 s 65","sortOrder":95},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 om 2015 No. 29 s 65","sortOrder":96},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 amd 2013 No. 39 s 43 sch 1\nom 2015 No. 29 s 65","sortOrder":97},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 amd 2013 No. 39 s 43 sch 1\nom 2015 No. 29 s 65","sortOrder":98},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 amd 2000 No. 15 s 20 ; 2013 No. 39 s 43 sch 1\nom 2015 No. 29 s 65","sortOrder":99},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 amd 2013 No. 39 s 43 sch 1\nom 2015 No. 29 s 65","sortOrder":100},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 amd 2013 No. 39 s 43 sch 1\nom 2015 No. 29 s 65","sortOrder":101},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 om 2015 No. 29 s 65","sortOrder":102},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 om 2015 No. 29 s 65","sortOrder":103},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 om 1997 No. 77 s 88","sortOrder":104},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 amd 2002 No. 56 s 21\nom 2015 No. 29 s 65","sortOrder":105},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 om 2015 No. 29 s 65","sortOrder":106},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 om 2015 No. 29 s 65","sortOrder":107},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 om 2015 No. 29 s 65","sortOrder":108},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 om 2015 No. 29 s 65","sortOrder":109},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 om 2015 No. 29 s 65","sortOrder":110},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 om 2015 No. 29 s 65","sortOrder":111},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":null,"content":"","sortOrder":112},{"sectionNumber":"sec.69A","sectionType":"section","heading":null,"content":"### Section sec.69A\n\ns 69A ins 1997 No. 77 s 89\nom 2015 No. 29 s 65","sortOrder":113},{"sectionNumber":"sec.69B","sectionType":"section","heading":null,"content":"### Section sec.69B\n\ns 69B ins 1997 No. 77 s 89\nom 2015 No. 29 s 65","sortOrder":114},{"sectionNumber":"sec.69C","sectionType":"section","heading":null,"content":"### Section sec.69C\n\ns 69C ins 1997 No. 77 s 89\nom 2015 No. 29 s 65","sortOrder":115},{"sectionNumber":"sec.69D","sectionType":"section","heading":null,"content":"### Section sec.69D\n\ns 69D ins 1997 No. 77 s 89\nom 2015 No. 29 s 65","sortOrder":116},{"sectionNumber":"pt.5","sectionType":"part","heading":"Access to services","content":"# Access to services","sortOrder":117},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":118},{"sectionNumber":"sec.69E","sectionType":"section","heading":"Object of pt 5","content":"### sec.69E Object of pt 5\n\nThe object of this part is to promote the economically efficient operation of, use of and investment in, significant infrastructure by which services are provided, with the effect of promoting effective competition in upstream and downstream markets.\ns 69E ins 2008 No. 35 s 39\namd 2010 No. 32 s 18","sortOrder":119},{"sectionNumber":"sec.70","sectionType":"section","heading":"Meaning of facility","content":"### sec.70 Meaning of facility\n\nFacility includes—\nrail transport infrastructure; and\nport infrastructure; and\nelectricity, petroleum, gas or GHG stream transmission and distribution infrastructure; and\nwater and sewerage infrastructure, including treatment and distribution infrastructure.\nIn this section—\nGHG stream see the Greenhouse Gas Storage Act 2009 , section 12 .\ns 70 amd 2003 No. 29 s 381 ; 2009 No. 3 s 587 ; 2010 No. 32 s 19\n(sec.70-ssec.1) Facility includes— rail transport infrastructure; and port infrastructure; and electricity, petroleum, gas or GHG stream transmission and distribution infrastructure; and water and sewerage infrastructure, including treatment and distribution infrastructure.\n(sec.70-ssec.2) In this section— GHG stream see the Greenhouse Gas Storage Act 2009 , section 12 .\n- (a) rail transport infrastructure; and\n- (b) port infrastructure; and\n- (c) electricity, petroleum, gas or GHG stream transmission and distribution infrastructure; and\n- (d) water and sewerage infrastructure, including treatment and distribution infrastructure.","sortOrder":120},{"sectionNumber":"sec.71","sectionType":"section","heading":"Meaning of market","content":"### sec.71 Meaning of market\n\nA market is a market in Australia or a foreign country.\nIf market is used in relation to goods or services, it includes a market for—\nthe goods or services; and\nother goods or services that are able to be substituted for, or are otherwise competitive with, the goods or services mentioned in paragraph (a) .\n(sec.71-ssec.1) A market is a market in Australia or a foreign country.\n(sec.71-ssec.2) If market is used in relation to goods or services, it includes a market for— the goods or services; and other goods or services that are able to be substituted for, or are otherwise competitive with, the goods or services mentioned in paragraph (a) .\n- (a) the goods or services; and\n- (b) other goods or services that are able to be substituted for, or are otherwise competitive with, the goods or services mentioned in paragraph (a) .","sortOrder":121},{"sectionNumber":"sec.72","sectionType":"section","heading":"Meaning of service","content":"### sec.72 Meaning of service\n\nService is a service provided, or to be provided, by means of a facility and includes, for example—\nthe use of a facility (including, for example, a road or railway line); and\nthe transporting of people; and\nthe handling or transporting of goods or other things; and\na communications service or similar service.\nHowever, service does not include—\nthe supply of goods (except to the extent the supply is an integral, but subsidiary, part of the service); or\nthe use of intellectual property or a production process (except to the extent the use is an integral, but subsidiary, part of the service); or\na service—\nprovided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and\nthat was stated under section 44PA (2) of that Act in the application for the approval.\nSubsections (1) and (2) apply only for this part.\ns 72 amd 2008 No. 35 s 40 ; 2010 No. 32 s 20 ; 2010 No. 53 s 95 ; 2010 No. 54 s 67 sch\n(sec.72-ssec.1) Service is a service provided, or to be provided, by means of a facility and includes, for example— the use of a facility (including, for example, a road or railway line); and the transporting of people; and the handling or transporting of goods or other things; and a communications service or similar service.\n(sec.72-ssec.2) However, service does not include— the supply of goods (except to the extent the supply is an integral, but subsidiary, part of the service); or the use of intellectual property or a production process (except to the extent the use is an integral, but subsidiary, part of the service); or a service— provided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and that was stated under section 44PA (2) of that Act in the application for the approval.\n(sec.72-ssec.3) Subsections (1) and (2) apply only for this part.\n- (a) the use of a facility (including, for example, a road or railway line); and\n- (b) the transporting of people; and\n- (c) the handling or transporting of goods or other things; and\n- (d) a communications service or similar service.\n- (a) the supply of goods (except to the extent the supply is an integral, but subsidiary, part of the service); or\n- (b) the use of intellectual property or a production process (except to the extent the use is an integral, but subsidiary, part of the service); or\n- (c) a service— (i) provided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and (ii) that was stated under section 44PA (2) of that Act in the application for the approval.\n- (i) provided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and\n- (ii) that was stated under section 44PA (2) of that Act in the application for the approval.\n- (i) provided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and\n- (ii) that was stated under section 44PA (2) of that Act in the application for the approval.","sortOrder":122},{"sectionNumber":"sec.73","sectionType":"section","heading":"References to facilities","content":"### sec.73 References to facilities\n\nIn this part, a reference to a facility in association with a reference to a service or part of a service is a reference to the facility used, or to be used, to provide the service or part of the service.","sortOrder":123},{"sectionNumber":"sec.74","sectionType":"section","heading":"Application of part to partnerships and joint ventures","content":"### sec.74 Application of part to partnerships and joint ventures\n\nThis section applies if an access provider of a service is a partnership or joint venture consisting of 2 or more entities (the participants ).\nIf this part requires or permits something to be done by an access provider, the thing may be done by 1 or more of the participants for the access provider.\nIf a provision of this part refers to an access provider bearing any costs, the provision applies as if the provision referred to any of the participants bearing any costs.\nIf a provision of this part refers to an access provider doing something, the provision applies as if the provision referred to 1 or more of the participants doing the thing for the access provider.\nSubsection (6) applies if—\na provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and\na contravention of the provision is an offence.\nThe provision mentioned in subsection (5) applies as if a reference to the access provider were a reference to any person responsible for the day-to-day management and control of the access provider.\nSubsection (8) applies if—\na provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and\na contravention of the provision is not an offence.\nThe provision mentioned in subsection (7) applies as if a reference to the access provider were a reference to each participant and to any other person responsible for the day-to-day management and control of the access provider.\n(sec.74-ssec.1) This section applies if an access provider of a service is a partnership or joint venture consisting of 2 or more entities (the participants ).\n(sec.74-ssec.2) If this part requires or permits something to be done by an access provider, the thing may be done by 1 or more of the participants for the access provider.\n(sec.74-ssec.3) If a provision of this part refers to an access provider bearing any costs, the provision applies as if the provision referred to any of the participants bearing any costs.\n(sec.74-ssec.4) If a provision of this part refers to an access provider doing something, the provision applies as if the provision referred to 1 or more of the participants doing the thing for the access provider.\n(sec.74-ssec.5) Subsection (6) applies if— a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and a contravention of the provision is an offence.\n(sec.74-ssec.6) The provision mentioned in subsection (5) applies as if a reference to the access provider were a reference to any person responsible for the day-to-day management and control of the access provider.\n(sec.74-ssec.7) Subsection (8) applies if— a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and a contravention of the provision is not an offence.\n(sec.74-ssec.8) The provision mentioned in subsection (7) applies as if a reference to the access provider were a reference to each participant and to any other person responsible for the day-to-day management and control of the access provider.\n- (a) a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and\n- (b) a contravention of the provision is an offence.\n- (a) a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and\n- (b) a contravention of the provision is not an offence.","sortOrder":124},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application of Act to authority for purposes of giving notices to owner","content":"### sec.75 Application of Act to authority for purposes of giving notices to owner\n\nIf this Act requires or permits a notice to be given to the owner of a facility or service by the authority and there is more than 1 owner of the facility or service, the notice may be given to—\nif there is a nominated owner for the facility or service—the nominated owner; or\nif the authority has requested notification of a nominated owner for the facility or service but there is no nominated owner—any 1 of the owners.\nAn owner is the nominated owner, for a facility or service for which there is more than 1 owner, only if a written notice has been given to the authority in relation to the owner (the nominee ) and the notice contains—\nthe nominee’s name and address for receiving notices; and\na signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and\na signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners.\nFor subsection (1) (b) , the authority may request notification of a nominated owner, for a facility or service for which there is more than 1 owner, by giving a notice to each owner whose name and address is known to the authority asking that a written notice be given to the authority containing—\nthe name, and address for receiving notices, of 1 owner (also the nominee ); and\na signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and\na signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners.\ns 75 amd 2005 No. 37 s 5\n(sec.75-ssec.1) If this Act requires or permits a notice to be given to the owner of a facility or service by the authority and there is more than 1 owner of the facility or service, the notice may be given to— if there is a nominated owner for the facility or service—the nominated owner; or if the authority has requested notification of a nominated owner for the facility or service but there is no nominated owner—any 1 of the owners.\n(sec.75-ssec.2) An owner is the nominated owner, for a facility or service for which there is more than 1 owner, only if a written notice has been given to the authority in relation to the owner (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners.\n(sec.75-ssec.3) For subsection (1) (b) , the authority may request notification of a nominated owner, for a facility or service for which there is more than 1 owner, by giving a notice to each owner whose name and address is known to the authority asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 owner (also the nominee ); and a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners.\n- (a) if there is a nominated owner for the facility or service—the nominated owner; or\n- (b) if the authority has requested notification of a nominated owner for the facility or service but there is no nominated owner—any 1 of the owners.\n- (a) the nominee’s name and address for receiving notices; and\n- (b) a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and\n- (c) a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners.\n- (a) the name, and address for receiving notices, of 1 owner (also the nominee ); and\n- (b) a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and\n- (c) a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners.","sortOrder":125},{"sectionNumber":"sec.75A","sectionType":"section","heading":"Application of Act to authority for purposes of giving notices to operator","content":"### sec.75A Application of Act to authority for purposes of giving notices to operator\n\nIf this Act requires or permits a notice to be given to the operator of a facility or service by the authority and there is more than 1 operator of the facility or service, the notice may be given to—\nif there is a nominated operator for the facility or service—the nominated operator; or\nif the authority has requested notification of a nominated operator for the facility or service but there is no nominated operator—any one of the operators.\nAn operator is the nominated operator, for a facility or service for which there is more than 1 operator, only if a written notice has been given to the authority in relation to the operator (the nominee ) and the notice contains—\nthe nominee’s name and address for receiving notices; and\na signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and\na signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators.\nFor subsection (1) (b) , the authority may request notification of a nominated operator, for a facility or service for which there is more than 1 operator, by giving a notice to each operator whose name and address is known to the authority asking that a written notice be given to the authority containing—\nthe name, and address for receiving notices, of 1 operator (also the nominee ); and\na signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and\na signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators.\ns 75A ins 2005 No. 37 s 6\n(sec.75A-ssec.1) If this Act requires or permits a notice to be given to the operator of a facility or service by the authority and there is more than 1 operator of the facility or service, the notice may be given to— if there is a nominated operator for the facility or service—the nominated operator; or if the authority has requested notification of a nominated operator for the facility or service but there is no nominated operator—any one of the operators.\n(sec.75A-ssec.2) An operator is the nominated operator, for a facility or service for which there is more than 1 operator, only if a written notice has been given to the authority in relation to the operator (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators.\n(sec.75A-ssec.3) For subsection (1) (b) , the authority may request notification of a nominated operator, for a facility or service for which there is more than 1 operator, by giving a notice to each operator whose name and address is known to the authority asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 operator (also the nominee ); and a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators.\n- (a) if there is a nominated operator for the facility or service—the nominated operator; or\n- (b) if the authority has requested notification of a nominated operator for the facility or service but there is no nominated operator—any one of the operators.\n- (a) the nominee’s name and address for receiving notices; and\n- (b) a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and\n- (c) a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators.\n- (a) the name, and address for receiving notices, of 1 operator (also the nominee ); and\n- (b) a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and\n- (c) a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators.","sortOrder":126},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Declarations of services","content":"## Declarations of services","sortOrder":127},{"sectionNumber":"sec.76","sectionType":"section","heading":"Access criteria","content":"### sec.76 Access criteria\n\nThis section sets out the matters (the access criteria ) about which—\nthe authority is required to be satisfied for recommending that a service be declared by the Minister; and\nthe Minister is required to be satisfied for declaring a service.\nThe access criteria are as follows—\nthat access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least 1 market (whether or not in Australia), other than the market for the service;\nthat the facility for the service could meet the total foreseeable demand in the market—\nover the period for which the service would be declared; and\nat the least cost compared to any 2 or more facilities (which could include the facility for the service);\nthat the facility for the service is significant, having regard to its size or its importance to the Queensland economy;\nthat access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest.\nFor subsection (2) (b) , if the facility for the service is currently at capacity, and it is reasonably possible to expand that capacity, the authority and the Minister may have regard to the facility as if it had that expanded capacity.\nWithout limiting subsection (2) (b) , the cost referred to in subsection (2) (b) (ii) includes all costs associated with having multiple users of the facility for the service, including costs that would be incurred if the service were declared.\nIn considering the access criterion mentioned in subsection (2) (d) , the authority and the Minister must have regard to the following matters—\nif the facility for the service extends outside Queensland—\nwhether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and\nthe desirability of consistency in regulating access to the service;\nthe effect that declaring the service would have on investment in—\nfacilities; and\nmarkets that depend on access to the service;\nthe administrative and compliance costs that would be incurred by the provider of the service if the service were declared;\nany other matter the authority or Minister considers relevant.\ns 76 amd 2008 No. 35 s 41 ; 2010 No. 32 s 23 ; 2013 No. 39 s 43 sch 1 ; 2018 No. 6 s 4\n(sec.76-ssec.1) This section sets out the matters (the access criteria ) about which— the authority is required to be satisfied for recommending that a service be declared by the Minister; and the Minister is required to be satisfied for declaring a service.\n(sec.76-ssec.2) The access criteria are as follows— that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least 1 market (whether or not in Australia), other than the market for the service; that the facility for the service could meet the total foreseeable demand in the market— over the period for which the service would be declared; and at the least cost compared to any 2 or more facilities (which could include the facility for the service); that the facility for the service is significant, having regard to its size or its importance to the Queensland economy; that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest.\n(sec.76-ssec.3) For subsection (2) (b) , if the facility for the service is currently at capacity, and it is reasonably possible to expand that capacity, the authority and the Minister may have regard to the facility as if it had that expanded capacity.\n(sec.76-ssec.4) Without limiting subsection (2) (b) , the cost referred to in subsection (2) (b) (ii) includes all costs associated with having multiple users of the facility for the service, including costs that would be incurred if the service were declared.\n(sec.76-ssec.5) In considering the access criterion mentioned in subsection (2) (d) , the authority and the Minister must have regard to the following matters— if the facility for the service extends outside Queensland— whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and the desirability of consistency in regulating access to the service; the effect that declaring the service would have on investment in— facilities; and markets that depend on access to the service; the administrative and compliance costs that would be incurred by the provider of the service if the service were declared; any other matter the authority or Minister considers relevant.\n- (a) the authority is required to be satisfied for recommending that a service be declared by the Minister; and\n- (b) the Minister is required to be satisfied for declaring a service.\n- (a) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least 1 market (whether or not in Australia), other than the market for the service;\n- (b) that the facility for the service could meet the total foreseeable demand in the market— (i) over the period for which the service would be declared; and (ii) at the least cost compared to any 2 or more facilities (which could include the facility for the service);\n- (i) over the period for which the service would be declared; and\n- (ii) at the least cost compared to any 2 or more facilities (which could include the facility for the service);\n- (c) that the facility for the service is significant, having regard to its size or its importance to the Queensland economy;\n- (d) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest.\n- (i) over the period for which the service would be declared; and\n- (ii) at the least cost compared to any 2 or more facilities (which could include the facility for the service);\n- (a) if the facility for the service extends outside Queensland— (i) whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and (ii) the desirability of consistency in regulating access to the service;\n- (i) whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and\n- (ii) the desirability of consistency in regulating access to the service;\n- (b) the effect that declaring the service would have on investment in— (i) facilities; and (ii) markets that depend on access to the service;\n- (i) facilities; and\n- (ii) markets that depend on access to the service;\n- (c) the administrative and compliance costs that would be incurred by the provider of the service if the service were declared;\n- (d) any other matter the authority or Minister considers relevant.\n- (i) whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and\n- (ii) the desirability of consistency in regulating access to the service;\n- (i) facilities; and\n- (ii) markets that depend on access to the service;","sortOrder":128},{"sectionNumber":"sec.77","sectionType":"section","heading":"Requests about declarations","content":"### sec.77 Requests about declarations\n\nA person may ask the authority to recommend that a particular service be declared by the Minister.\nThe Minister may ask the authority to consider whether a particular service should be declared by the Minister.\nA request must be in the form approved by the authority.\nAt any time before the authority makes a recommendation about a request, the applicant may—\nwithdraw the request; or\nwith the written agreement of the authority—amend the request.\ns 77 amd 2010 No. 32 s 24 ; 2013 No. 39 s 43 sch 1\n(sec.77-ssec.1) A person may ask the authority to recommend that a particular service be declared by the Minister.\n(sec.77-ssec.2) The Minister may ask the authority to consider whether a particular service should be declared by the Minister.\n(sec.77-ssec.3) A request must be in the form approved by the authority.\n(sec.77-ssec.4) At any time before the authority makes a recommendation about a request, the applicant may— withdraw the request; or with the written agreement of the authority—amend the request.\n- (a) withdraw the request; or\n- (b) with the written agreement of the authority—amend the request.","sortOrder":129},{"sectionNumber":"sec.78","sectionType":"section","heading":"Notice of request","content":"### sec.78 Notice of request\n\nThis section applies if the applicant for a request is not the owner of the service.\nThe authority must—\nimmediately tell the owner of the service that the authority has received the request; and\nif the request is later withdrawn or amended by the applicant—immediately tell the owner of the withdrawal, or immediately give details of the amendment to the owner.\ns 78 amd 2000 No. 15 s 2 sch\n(sec.78-ssec.1) This section applies if the applicant for a request is not the owner of the service.\n(sec.78-ssec.2) The authority must— immediately tell the owner of the service that the authority has received the request; and if the request is later withdrawn or amended by the applicant—immediately tell the owner of the withdrawal, or immediately give details of the amendment to the owner.\n- (a) immediately tell the owner of the service that the authority has received the request; and\n- (b) if the request is later withdrawn or amended by the applicant—immediately tell the owner of the withdrawal, or immediately give details of the amendment to the owner.","sortOrder":130},{"sectionNumber":"sec.79","sectionType":"section","heading":"Making recommendation","content":"### sec.79 Making recommendation\n\nAfter receiving a request, the authority must recommend to the Minister that—\nthe service be declared; or\npart of the service, that is itself a service, be declared; or\nthe service not be declared.\nBefore making the recommendation, the authority may consult with any person it considers appropriate.\nThe authority must publish the recommendation and the reasons for the recommendation in the way the authority considers appropriate.\nIf the authority makes a recommendation that a service, or part of a service, be declared, the authority also must recommend the period for which the declaration should operate.\nUnless the request is made by the Minister, the authority must give a copy of the request to the Minister with the recommendation.\ns 79 amd 2005 No. 37 s 7 ; 2010 No. 32 s 25 ; 2013 No. 39 s 43 sch 1\n(sec.79-ssec.1) After receiving a request, the authority must recommend to the Minister that— the service be declared; or part of the service, that is itself a service, be declared; or the service not be declared.\n(sec.79-ssec.2) Before making the recommendation, the authority may consult with any person it considers appropriate.\n(sec.79-ssec.3) The authority must publish the recommendation and the reasons for the recommendation in the way the authority considers appropriate.\n(sec.79-ssec.4) If the authority makes a recommendation that a service, or part of a service, be declared, the authority also must recommend the period for which the declaration should operate.\n(sec.79-ssec.5) Unless the request is made by the Minister, the authority must give a copy of the request to the Minister with the recommendation.\n- (a) the service be declared; or\n- (b) part of the service, that is itself a service, be declared; or\n- (c) the service not be declared.","sortOrder":131},{"sectionNumber":"sec.79A","sectionType":"section","heading":"Period for making recommendation","content":"### sec.79A Period for making recommendation\n\nThe authority must use its best endeavours to make a recommendation under section 79 within 6 months from the day the authority receives the request.\nHowever, the 6 month period mentioned in subsection (1) does not include any of the following—\nif the authority conducts an investigation for making the recommendation and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation, a day in the period—\nstarting on the day the notice is given to the person; and\nending on the day the person complies with the notice;\nif the authority publishes a document about the recommendation and invites persons to make submissions on the document to the authority within a stated period—a day in the period for making submissions stated by the authority.\nThe authority must publish a notice on its website, while the authority is considering the making of the recommendation, stating—\nthe day the 6 month period mentioned in subsection (1) started or will start; and\nthe day the period will end; and\nfor a day not included in the period under subsection (2) —the reason the day is not included in the period.\nIf the authority fails to make the recommendation within the 6 month period mentioned in subsection (1) , it must, as soon as practicable after the period ends—\nprepare a written notice stating—\nthe reasons for the authority’s failure; and\ndetails about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and\npublish the notice on its website; and\ngive a copy of the notice to—\nthe applicant for the request; and\nif the request was not made by the Minister—the Minister.\ns 79A ins 2010 No. 32 s 26\namd 2013 No. 39 s 43 sch 1 ; 2018 No. 6 s 5\n(sec.79A-ssec.1) The authority must use its best endeavours to make a recommendation under section 79 within 6 months from the day the authority receives the request.\n(sec.79A-ssec.2) However, the 6 month period mentioned in subsection (1) does not include any of the following— if the authority conducts an investigation for making the recommendation and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation, a day in the period— starting on the day the notice is given to the person; and ending on the day the person complies with the notice; if the authority publishes a document about the recommendation and invites persons to make submissions on the document to the authority within a stated period—a day in the period for making submissions stated by the authority.\n(sec.79A-ssec.3) The authority must publish a notice on its website, while the authority is considering the making of the recommendation, stating— the day the 6 month period mentioned in subsection (1) started or will start; and the day the period will end; and for a day not included in the period under subsection (2) —the reason the day is not included in the period.\n(sec.79A-ssec.4) If the authority fails to make the recommendation within the 6 month period mentioned in subsection (1) , it must, as soon as practicable after the period ends— prepare a written notice stating— the reasons for the authority’s failure; and details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and publish the notice on its website; and give a copy of the notice to— the applicant for the request; and if the request was not made by the Minister—the Minister.\n- (a) if the authority conducts an investigation for making the recommendation and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation, a day in the period— (i) starting on the day the notice is given to the person; and (ii) ending on the day the person complies with the notice;\n- (i) starting on the day the notice is given to the person; and\n- (ii) ending on the day the person complies with the notice;\n- (b) if the authority publishes a document about the recommendation and invites persons to make submissions on the document to the authority within a stated period—a day in the period for making submissions stated by the authority.\n- (i) starting on the day the notice is given to the person; and\n- (ii) ending on the day the person complies with the notice;\n- (a) the day the 6 month period mentioned in subsection (1) started or will start; and\n- (b) the day the period will end; and\n- (c) for a day not included in the period under subsection (2) —the reason the day is not included in the period.\n- (a) prepare a written notice stating— (i) the reasons for the authority’s failure; and (ii) details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and\n- (i) the reasons for the authority’s failure; and\n- (ii) details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and\n- (b) publish the notice on its website; and\n- (c) give a copy of the notice to— (i) the applicant for the request; and (ii) if the request was not made by the Minister—the Minister.\n- (i) the applicant for the request; and\n- (ii) if the request was not made by the Minister—the Minister.\n- (i) the reasons for the authority’s failure; and\n- (ii) details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and\n- (i) the applicant for the request; and\n- (ii) if the request was not made by the Minister—the Minister.","sortOrder":132},{"sectionNumber":"sec.80","sectionType":"section","heading":"Factors affecting making of recommendation","content":"### sec.80 Factors affecting making of recommendation\n\nThe authority must recommend that a service be declared by the Minister if the authority is satisfied about all of the access criteria for the service.\nThe authority must recommend that a service not be declared by the Minister if the authority is not satisfied about all of the access criteria for the service.\nDespite subsection (1) , the authority may recommend that a service not be declared by the Minister if the authority considers the request was not made in good faith or is frivolous.\nSubsection (3) does not apply to a request made by the Minister.\nDespite subsections (1) and (2) , the authority may recommend that part of a service be declared by the Minister if the authority is satisfied about all of the access criteria for the part of the service.\ns 80 amd 2010 No. 32 s 27 ; 2013 No. 39 s 43 sch 1\n(sec.80-ssec.1) The authority must recommend that a service be declared by the Minister if the authority is satisfied about all of the access criteria for the service.\n(sec.80-ssec.2) The authority must recommend that a service not be declared by the Minister if the authority is not satisfied about all of the access criteria for the service.\n(sec.80-ssec.3) Despite subsection (1) , the authority may recommend that a service not be declared by the Minister if the authority considers the request was not made in good faith or is frivolous.\n(sec.80-ssec.4) Subsection (3) does not apply to a request made by the Minister.\n(sec.80-ssec.5) Despite subsections (1) and (2) , the authority may recommend that part of a service be declared by the Minister if the authority is satisfied about all of the access criteria for the part of the service.","sortOrder":133},{"sectionNumber":"sec.81","sectionType":"section","heading":"Power of authority to conduct investigation","content":"### sec.81 Power of authority to conduct investigation\n\nFor making a recommendation under subdivision 2 , the authority may conduct an investigation about the service.\ns 81 amd 2010 No. 32 s 29","sortOrder":134},{"sectionNumber":"sec.82","sectionType":"section","heading":"Notice of investigation","content":"### sec.82 Notice of investigation\n\nBefore starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to—\nthe owner of the service; and\nany other person the authority considers appropriate.\nThe notice must—\nstate the authority’s intention to conduct the investigation; and\nstate the name of the owner of the service; and\nstate the subject matter of the investigation; and\ninvite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\nstate the authority’s address.\n(sec.82-ssec.1) Before starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to— the owner of the service; and any other person the authority considers appropriate.\n(sec.82-ssec.2) The notice must— state the authority’s intention to conduct the investigation; and state the name of the owner of the service; and state the subject matter of the investigation; and invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and state the authority’s address.\n- (a) the owner of the service; and\n- (b) any other person the authority considers appropriate.\n- (a) state the authority’s intention to conduct the investigation; and\n- (b) state the name of the owner of the service; and\n- (c) state the subject matter of the investigation; and\n- (d) invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\n- (e) state the authority’s address.","sortOrder":135},{"sectionNumber":"sec.83","sectionType":"section","heading":"Procedures for investigation","content":"### sec.83 Procedures for investigation\n\nPart 6 applies to an investigation under this subdivision.","sortOrder":136},{"sectionNumber":"sec.84","sectionType":"section","heading":"Making declaration","content":"### sec.84 Making declaration\n\nOn receiving a declaration recommendation, the Minister must do 1 of the following—\ndeclare the service;\ndeclare part of the service, that is itself a service;\ndecide not to declare the service.\nIf the service is provided by means of a facility owned by a local government entity, the Minister must consult with the local government entity, and the responsible local government for the entity, before doing anything under subsection (1) .\nFor consulting under subsection (2) , the Minister must—\nnotify the local government entity and the responsible local government of the Minister’s intention to make a declaration about the service; and\ngive the local government entity and the responsible local government 90 days to make submissions to the Minister about the intended declaration.\nIf the Minister declares the service, or part of the service, the declaration must state the expiry date of the declaration.\nIf the Minister decides not to declare the service and the declaration recommendation was made under subdivision 4A , the decision does not affect the existing declaration for the service.\ns 84 amd 2000 No. 15 s 21 ; 2010 No. 32 s 30 ; 2013 No. 39 s 43 sch 1\n(sec.84-ssec.1) On receiving a declaration recommendation, the Minister must do 1 of the following— declare the service; declare part of the service, that is itself a service; decide not to declare the service.\n(sec.84-ssec.2) If the service is provided by means of a facility owned by a local government entity, the Minister must consult with the local government entity, and the responsible local government for the entity, before doing anything under subsection (1) .\n(sec.84-ssec.3) For consulting under subsection (2) , the Minister must— notify the local government entity and the responsible local government of the Minister’s intention to make a declaration about the service; and give the local government entity and the responsible local government 90 days to make submissions to the Minister about the intended declaration.\n(sec.84-ssec.4) If the Minister declares the service, or part of the service, the declaration must state the expiry date of the declaration.\n(sec.84-ssec.5) If the Minister decides not to declare the service and the declaration recommendation was made under subdivision 4A , the decision does not affect the existing declaration for the service.\n- (a) declare the service;\n- (b) declare part of the service, that is itself a service;\n- (c) decide not to declare the service.\n- (a) notify the local government entity and the responsible local government of the Minister’s intention to make a declaration about the service; and\n- (b) give the local government entity and the responsible local government 90 days to make submissions to the Minister about the intended declaration.","sortOrder":137},{"sectionNumber":"sec.85","sectionType":"section","heading":"Notice of decision","content":"### sec.85 Notice of decision\n\nThe Minister must, within 90 days after the relevant day, publish in the gazette—\nnotice of the decision to declare the service in whole or part or not to declare the service; and\nthe reasons for the decision.\nAlso, as soon as practicable after making the decision, the Minister must—\ngive the designated material for the decision to the following—\nif a request about the declaration of the service was made by someone other than the Minister—the applicant;\nthe owner of the service, unless the owner made a request about the declaration of the service;\nif the owner and operator of the service are different entities—the operator, unless the operator made a request about the declaration of the service; and\ngive to the authority a written notice stating the decision and the reasons for the decision.\nIn this section—\ndesignated material , for a decision of the Minister to declare, or not to declare, a service, means—\na copy of the declaration recommendation; and\na written notice stating the decision and the reasons for the decision.\nrelevant day means—\nfor a service provided by means of a facility owned by a local government entity—the day after the 90 day period given, under section 84 (3) (b) , to the local government entity to make submissions; or\notherwise—the day the Minister receives the declaration recommendation.\ns 85 amd 2000 No. 15 s 22 ; 2005 No. 37 s 8 ; 2010 No. 32 s 31 ; 2013 No. 39 s 43 sch 1\n(sec.85-ssec.1) The Minister must, within 90 days after the relevant day, publish in the gazette— notice of the decision to declare the service in whole or part or not to declare the service; and the reasons for the decision.\n(sec.85-ssec.2) Also, as soon as practicable after making the decision, the Minister must— give the designated material for the decision to the following— if a request about the declaration of the service was made by someone other than the Minister—the applicant; the owner of the service, unless the owner made a request about the declaration of the service; if the owner and operator of the service are different entities—the operator, unless the operator made a request about the declaration of the service; and give to the authority a written notice stating the decision and the reasons for the decision.\n(sec.85-ssec.4) In this section— designated material , for a decision of the Minister to declare, or not to declare, a service, means— a copy of the declaration recommendation; and a written notice stating the decision and the reasons for the decision. relevant day means— for a service provided by means of a facility owned by a local government entity—the day after the 90 day period given, under section 84 (3) (b) , to the local government entity to make submissions; or otherwise—the day the Minister receives the declaration recommendation.\n- (a) notice of the decision to declare the service in whole or part or not to declare the service; and\n- (b) the reasons for the decision.\n- (a) give the designated material for the decision to the following— (i) if a request about the declaration of the service was made by someone other than the Minister—the applicant; (ii) the owner of the service, unless the owner made a request about the declaration of the service; (iii) if the owner and operator of the service are different entities—the operator, unless the operator made a request about the declaration of the service; and\n- (i) if a request about the declaration of the service was made by someone other than the Minister—the applicant;\n- (ii) the owner of the service, unless the owner made a request about the declaration of the service;\n- (iii) if the owner and operator of the service are different entities—the operator, unless the operator made a request about the declaration of the service; and\n- (b) give to the authority a written notice stating the decision and the reasons for the decision.\n- (i) if a request about the declaration of the service was made by someone other than the Minister—the applicant;\n- (ii) the owner of the service, unless the owner made a request about the declaration of the service;\n- (iii) if the owner and operator of the service are different entities—the operator, unless the operator made a request about the declaration of the service; and\n- (a) a copy of the declaration recommendation; and\n- (b) a written notice stating the decision and the reasons for the decision.\n- (a) for a service provided by means of a facility owned by a local government entity—the day after the 90 day period given, under section 84 (3) (b) , to the local government entity to make submissions; or\n- (b) otherwise—the day the Minister receives the declaration recommendation.","sortOrder":138},{"sectionNumber":"sec.86","sectionType":"section","heading":"Factors affecting making of declaration","content":"### sec.86 Factors affecting making of declaration\n\nThe Minister must declare a service if the Minister is satisfied about all of the access criteria for the service.\nThe Minister must decide not to declare a service if the Minister is not satisfied about all of the access criteria for the service.\nDespite subsections (1) and (2) , the Minister may declare part of a service if the Minister is satisfied about all of the access criteria for the part of the service.\ns 86 amd 2010 No. 32 s 32 ; 2013 No. 39 s 43 sch 1\n(sec.86-ssec.1) The Minister must declare a service if the Minister is satisfied about all of the access criteria for the service.\n(sec.86-ssec.2) The Minister must decide not to declare a service if the Minister is not satisfied about all of the access criteria for the service.\n(sec.86-ssec.3) Despite subsections (1) and (2) , the Minister may declare part of a service if the Minister is satisfied about all of the access criteria for the part of the service.","sortOrder":139},{"sectionNumber":"sec.87","sectionType":"section","heading":"Duration of declaration","content":"### sec.87 Duration of declaration\n\nA declaration starts to operate on—\nthe day notice of the decision to declare the service is published in the gazette; or\nif a later day of operation is stated in the notice—the later day.\nA declaration continues in operation until its expiry date, unless it is earlier revoked.\ns 87 amd 2010 No. 32 s 33\n(sec.87-ssec.1) A declaration starts to operate on— the day notice of the decision to declare the service is published in the gazette; or if a later day of operation is stated in the notice—the later day.\n(sec.87-ssec.2) A declaration continues in operation until its expiry date, unless it is earlier revoked.\n- (a) the day notice of the decision to declare the service is published in the gazette; or\n- (b) if a later day of operation is stated in the notice—the later day.","sortOrder":140},{"sectionNumber":"sec.87A","sectionType":"section","heading":"Declaration recommendation to be made before expiry of declaration","content":"### sec.87A Declaration recommendation to be made before expiry of declaration\n\nAt least 6 months, but not more than 12 months, before the expiry date of a declaration of a service, the authority must recommend to the Minister that, with effect from the expiry date—\nthe service be declared; or\npart of the service, that is itself a service, be declared; or\nthe service not be declared.\nBefore making the recommendation, the authority may consult with any person it considers appropriate.\nThe authority must publish the recommendation and the reasons for the recommendation in the way the authority considers appropriate.\nIf the authority recommends that the service, or part of the service, be declared with effect from the expiry date, the authority must also recommend the period for which that declaration should operate.\nOn receiving the recommendation the Minister must, under subdivision 4 , either declare all or part of the service, or decide not to declare the service.\ns 87A ins 2010 No. 32 s 34\namd 2013 No. 39 s 43 sch 1\n(sec.87A-ssec.1) At least 6 months, but not more than 12 months, before the expiry date of a declaration of a service, the authority must recommend to the Minister that, with effect from the expiry date— the service be declared; or part of the service, that is itself a service, be declared; or the service not be declared.\n(sec.87A-ssec.2) Before making the recommendation, the authority may consult with any person it considers appropriate.\n(sec.87A-ssec.3) The authority must publish the recommendation and the reasons for the recommendation in the way the authority considers appropriate.\n(sec.87A-ssec.4) If the authority recommends that the service, or part of the service, be declared with effect from the expiry date, the authority must also recommend the period for which that declaration should operate. On receiving the recommendation the Minister must, under subdivision 4 , either declare all or part of the service, or decide not to declare the service.\n- (a) the service be declared; or\n- (b) part of the service, that is itself a service, be declared; or\n- (c) the service not be declared.","sortOrder":141},{"sectionNumber":"sec.87B","sectionType":"section","heading":"Notice of review","content":"### sec.87B Notice of review\n\nThe authority must, when it starts considering the making of a recommendation under section 87A , tell the owner of the service that the authority is considering the matter.\ns 87B ins 2010 No. 32 s 34","sortOrder":142},{"sectionNumber":"sec.87C","sectionType":"section","heading":"Factors affecting making of recommendation","content":"### sec.87C Factors affecting making of recommendation\n\nThe authority must make a recommendation under section 87A (1) (a) if the authority is satisfied about all of the access criteria for the service.\nThe authority must make a recommendation under section 87A (1) (c) if the authority is not satisfied about all of the access criteria for the service.\nDespite subsections (1) and (2) , the authority may make a recommendation under section 87A (1) (b) if the authority is satisfied about all of the access criteria for the part of the service.\ns 87C ins 2010 No. 32 s 34\n(sec.87C-ssec.1) The authority must make a recommendation under section 87A (1) (a) if the authority is satisfied about all of the access criteria for the service.\n(sec.87C-ssec.2) The authority must make a recommendation under section 87A (1) (c) if the authority is not satisfied about all of the access criteria for the service.\n(sec.87C-ssec.3) Despite subsections (1) and (2) , the authority may make a recommendation under section 87A (1) (b) if the authority is satisfied about all of the access criteria for the part of the service.","sortOrder":143},{"sectionNumber":"sec.87D","sectionType":"section","heading":"Power of authority to conduct investigation","content":"### sec.87D Power of authority to conduct investigation\n\nFor making a recommendation under section 87A , the authority may conduct an investigation about the service.\ns 87D ins 2010 No. 32 s 34","sortOrder":144},{"sectionNumber":"sec.87E","sectionType":"section","heading":"Notice of investigation","content":"### sec.87E Notice of investigation\n\nBefore starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to—\nthe owner of the service; and\nany other person the authority considers appropriate.\nThe notice must—\nstate the authority’s intention to conduct the investigation; and\nstate the name of the owner of the service; and\nstate the subject matter of the investigation; and\ninvite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\nstate the authority’s address.\ns 87E ins 2010 No. 32 s 34\n(sec.87E-ssec.1) Before starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to— the owner of the service; and any other person the authority considers appropriate.\n(sec.87E-ssec.2) The notice must— state the authority’s intention to conduct the investigation; and state the name of the owner of the service; and state the subject matter of the investigation; and invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and state the authority’s address.\n- (a) the owner of the service; and\n- (b) any other person the authority considers appropriate.\n- (a) state the authority’s intention to conduct the investigation; and\n- (b) state the name of the owner of the service; and\n- (c) state the subject matter of the investigation; and\n- (d) invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\n- (e) state the authority’s address.","sortOrder":145},{"sectionNumber":"sec.87F","sectionType":"section","heading":"Procedures for investigation","content":"### sec.87F Procedures for investigation\n\nPart 6 applies to an investigation under this subdivision.\ns 87F ins 2010 No. 32 s 34","sortOrder":146},{"sectionNumber":"sec.88","sectionType":"section","heading":"Recommendation to revoke","content":"### sec.88 Recommendation to revoke\n\nThe authority may recommend to the Minister that a declaration of a service or part of a service be revoked.\nWithout limiting subsection (1) , the owner of the declared service may ask the authority to recommend revocation of the declaration of the service or part of the service.\nThe authority may recommend revocation of a declaration of a service or part of a service only if it is satisfied that, at the time of the recommendation, section 86 would prevent the Minister from declaring the relevant service or the part of the relevant service.\ns 88 amd 2008 No. 35 s 42 ; 2010 No. 32 s 35 ; 2013 No. 39 s 43 sch 1\n(sec.88-ssec.1) The authority may recommend to the Minister that a declaration of a service or part of a service be revoked.\n(sec.88-ssec.2) Without limiting subsection (1) , the owner of the declared service may ask the authority to recommend revocation of the declaration of the service or part of the service.\n(sec.88-ssec.3) The authority may recommend revocation of a declaration of a service or part of a service only if it is satisfied that, at the time of the recommendation, section 86 would prevent the Minister from declaring the relevant service or the part of the relevant service.","sortOrder":147},{"sectionNumber":"sec.89","sectionType":"section","heading":"Power of authority to conduct investigation","content":"### sec.89 Power of authority to conduct investigation\n\nFor making a revocation recommendation, the authority may conduct an investigation about the declared service.","sortOrder":148},{"sectionNumber":"sec.90","sectionType":"section","heading":"Notice of investigation","content":"### sec.90 Notice of investigation\n\nBefore starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to—\nthe owner of the service; and\nany other person the authority considers appropriate.\nThe notice must—\nstate the authority’s intention to conduct the investigation; and\nstate the subject matter of the investigation; and\ninvite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\nstate the authority’s address.\n(sec.90-ssec.1) Before starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to— the owner of the service; and any other person the authority considers appropriate.\n(sec.90-ssec.2) The notice must— state the authority’s intention to conduct the investigation; and state the subject matter of the investigation; and invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and state the authority’s address.\n- (a) the owner of the service; and\n- (b) any other person the authority considers appropriate.\n- (a) state the authority’s intention to conduct the investigation; and\n- (b) state the subject matter of the investigation; and\n- (c) invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\n- (d) state the authority’s address.","sortOrder":149},{"sectionNumber":"sec.91","sectionType":"section","heading":"Procedures for investigation","content":"### sec.91 Procedures for investigation\n\nPart 6 applies to an investigation under this subdivision.","sortOrder":150},{"sectionNumber":"sec.92","sectionType":"section","heading":"Revocation","content":"### sec.92 Revocation\n\nOn receiving a revocation recommendation, the Minister must—\nrevoke the declaration of the service or the part of the service; or\ndecide not to revoke the declaration of any part of the service.\nThe Minister may revoke a declaration of a service or part of a service—\nonly after receiving a revocation recommendation; and\nonly if the Minister is satisfied that, at the time of the revocation, section 86 would prevent the Minister from declaring the relevant service or the part of the relevant service.\ns 92 amd 2010 No. 32 s 36 ; 2013 No. 39 s 43 sch 1\n(sec.92-ssec.1) On receiving a revocation recommendation, the Minister must— revoke the declaration of the service or the part of the service; or decide not to revoke the declaration of any part of the service.\n(sec.92-ssec.2) The Minister may revoke a declaration of a service or part of a service— only after receiving a revocation recommendation; and only if the Minister is satisfied that, at the time of the revocation, section 86 would prevent the Minister from declaring the relevant service or the part of the relevant service.\n- (a) revoke the declaration of the service or the part of the service; or\n- (b) decide not to revoke the declaration of any part of the service.\n- (a) only after receiving a revocation recommendation; and\n- (b) only if the Minister is satisfied that, at the time of the revocation, section 86 would prevent the Minister from declaring the relevant service or the part of the relevant service.","sortOrder":151},{"sectionNumber":"sec.93","sectionType":"section","heading":"Notice of decision","content":"### sec.93 Notice of decision\n\nThe Minister must publish in the gazette—\nnotice of a decision—\nto revoke the declaration of a service or part of a service; or\nnot to revoke the declaration of any part of a service; and\nthe reasons for the decision.\nAlso, as soon as practicable after making the decision, the Minister must give a written notice stating the decision and the reasons for the decision to—\nthe owner of the service; and\nif the owner and operator of the service are different entities—the operator of the service; and\nthe authority.\ns 93 amd 2005 No. 37 s 9 ; 2010 No. 32 s 37 ; 2013 No. 39 s 43 sch 1\n(sec.93-ssec.1) The Minister must publish in the gazette— notice of a decision— to revoke the declaration of a service or part of a service; or not to revoke the declaration of any part of a service; and the reasons for the decision.\n(sec.93-ssec.2) Also, as soon as practicable after making the decision, the Minister must give a written notice stating the decision and the reasons for the decision to— the owner of the service; and if the owner and operator of the service are different entities—the operator of the service; and the authority.\n- (a) notice of a decision— (i) to revoke the declaration of a service or part of a service; or (ii) not to revoke the declaration of any part of a service; and\n- (i) to revoke the declaration of a service or part of a service; or\n- (ii) not to revoke the declaration of any part of a service; and\n- (b) the reasons for the decision.\n- (i) to revoke the declaration of a service or part of a service; or\n- (ii) not to revoke the declaration of any part of a service; and\n- (a) the owner of the service; and\n- (b) if the owner and operator of the service are different entities—the operator of the service; and\n- (c) the authority.","sortOrder":152},{"sectionNumber":"sec.94","sectionType":"section","heading":"When revocation takes effect","content":"### sec.94 When revocation takes effect\n\nA decision of the Minister to revoke a declaration of a service or part of a service takes effect on—\nthe day notice of the decision is published in the gazette; or\nif a later day of effect is stated in the notice—the later day.\ns 94 amd 2010 No. 32 s 38 ; 2013 No. 39 s 43 sch 1\n- (a) the day notice of the decision is published in the gazette; or\n- (b) if a later day of effect is stated in the notice—the later day.","sortOrder":153},{"sectionNumber":"sec.95","sectionType":"section","heading":"Effect of expiry or revocation of declaration","content":"### sec.95 Effect of expiry or revocation of declaration\n\nThe expiry of a declaration, or the revocation of a declaration of a service or part of a service, does not affect—\nthe mediation or arbitration of an access dispute for which an access dispute notice was given before the expiry or revocation; or\nthe operation or enforcement of an access determination made in the arbitration of an access dispute for which an access dispute notice was given before the expiry or revocation; or\nthe operation of an access agreement, or a right acquired, or liability incurred, under an access agreement, that was entered into before the expiry or revocation.\ns 95 amd 2000 No. 15 s 23 ; 2010 No. 32 s 39\n- (a) the mediation or arbitration of an access dispute for which an access dispute notice was given before the expiry or revocation; or\n- (b) the operation or enforcement of an access determination made in the arbitration of an access dispute for which an access dispute notice was given before the expiry or revocation; or\n- (c) the operation of an access agreement, or a right acquired, or liability incurred, under an access agreement, that was entered into before the expiry or revocation.","sortOrder":154},{"sectionNumber":"sec.96","sectionType":"section","heading":"Register of declarations","content":"### sec.96 Register of declarations\n\nThe authority must keep a register of declarations in operation.\nThe register must include, for each declaration, details the authority considers appropriate.\ns 96 amd 2010 No. 32 s 40\n(sec.96-ssec.1) The authority must keep a register of declarations in operation.\n(sec.96-ssec.2) The register must include, for each declaration, details the authority considers appropriate.","sortOrder":155},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":156},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 om 2010 No. 32 s 41","sortOrder":157},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 amd 2000 No. 15 s 24\nom 2010 No. 32 s 41","sortOrder":158},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Access agreements for declared services","content":"## Access agreements for declared services","sortOrder":159},{"sectionNumber":"sec.99","sectionType":"section","heading":"Obligation of access provider to negotiate","content":"### sec.99 Obligation of access provider to negotiate\n\nAn access provider of a declared service must, if required by an access seeker, negotiate with the access seeker for making an access agreement relating to the service.","sortOrder":160},{"sectionNumber":"sec.100","sectionType":"section","heading":"Obligations of parties to negotiations","content":"### sec.100 Obligations of parties to negotiations\n\nThe access provider and access seeker must negotiate in good faith for reaching an access agreement.\nIn negotiating access agreements, or amendments to access agreements, relating to the service, the access provider must not unfairly differentiate between access seekers in a way that has a material adverse effect on the ability of 1 or more of the access seekers to compete with other access seekers.\nProvision for enforcing compliance with subsection (2) is made in division 8 (Enforcement for pt 5 ), particularly section 153 (Orders to enforce prohibitions on hindering access and unfair differentiation).\nSubsection (2) does not prevent the access provider treating access seekers differently to the extent the different treatment is—\nreasonably justified because of the different circumstances, relating to access to the declared service, applicable to the access provider or any of the access seekers; or\nexpressly required or permitted by—\nan access code or approved access undertaking for the declared service; or\nan access determination to which the access provider is a party.\nHowever, subsection (3) does not authorise an access provider to engage in conduct for the purpose of preventing or hindering a user’s access to the declared service.\nSee sections 104 and 125 in relation to conduct preventing or hindering a user’s access to the declared service.\ns 100 amd 2010 No. 32 s 42 ; 2018 No. 6 s 6\n(sec.100-ssec.1) The access provider and access seeker must negotiate in good faith for reaching an access agreement.\n(sec.100-ssec.2) In negotiating access agreements, or amendments to access agreements, relating to the service, the access provider must not unfairly differentiate between access seekers in a way that has a material adverse effect on the ability of 1 or more of the access seekers to compete with other access seekers. Provision for enforcing compliance with subsection (2) is made in division 8 (Enforcement for pt 5 ), particularly section 153 (Orders to enforce prohibitions on hindering access and unfair differentiation).\n(sec.100-ssec.3) Subsection (2) does not prevent the access provider treating access seekers differently to the extent the different treatment is— reasonably justified because of the different circumstances, relating to access to the declared service, applicable to the access provider or any of the access seekers; or expressly required or permitted by— an access code or approved access undertaking for the declared service; or an access determination to which the access provider is a party.\n(sec.100-ssec.4) However, subsection (3) does not authorise an access provider to engage in conduct for the purpose of preventing or hindering a user’s access to the declared service. See sections 104 and 125 in relation to conduct preventing or hindering a user’s access to the declared service.\n- (a) reasonably justified because of the different circumstances, relating to access to the declared service, applicable to the access provider or any of the access seekers; or\n- (b) expressly required or permitted by— (i) an access code or approved access undertaking for the declared service; or (ii) an access determination to which the access provider is a party.\n- (i) an access code or approved access undertaking for the declared service; or\n- (ii) an access determination to which the access provider is a party.\n- (i) an access code or approved access undertaking for the declared service; or\n- (ii) an access determination to which the access provider is a party.","sortOrder":161},{"sectionNumber":"sec.101","sectionType":"section","heading":"Obligation of access provider to satisfy access seeker’s requirements","content":"### sec.101 Obligation of access provider to satisfy access seeker’s requirements\n\nIn negotiations between an access provider and access seeker for an access agreement, the access provider must make all reasonable efforts to try to satisfy the reasonable requirements of the access seeker.\nWithout limiting subsection (1) , and subject to any relevant access code or approved access undertaking, the access provider must give the access seeker the following—\ninformation about the price at which the access provider provides the service, including the way in which the price is calculated;\ninformation about the costs of providing the service, including the capital, operation and maintenance costs;\ninformation about the value of the access provider’s assets, including the way in which the value is calculated;\nan estimate of the spare capacity of the service, including the way in which the spare capacity is calculated;\na diagram or map of the facility used to provide the service;\ninformation about the operation of the facility;\ninformation about the safety system for the facility;\nif the authority makes a determination in an arbitration about access to the service under division 5 , subdivision 3 —information about the determination.\nDespite subsection (2) , if the authority reasonably considers the disclosure of information under subsection (2) may be likely to damage the commercial activities of the access provider, an access seeker or an access user, the authority may—\nallow the information to be categorised or aggregated so the disclosure is not unduly damaging; or\nauthorise the access provider not to give the access seeker 1 or more of the matters mentioned in subsection (2) .\nDespite subsection (2) , the authority may allow the matters mentioned in subsection (2) (a) to (c) to be given in the form of a reference tariff.\nThe access provider or access seeker may ask the authority for advice or directions about a matter mentioned in this section.\nThe access provider and the access seeker must not, without the consent of the giver of the information, disclose to another person information given under this section.\nIn this section—\nreference tariff , for a service, means a price, or formula for calculating a price, that has been approved by the authority to set the basis for negotiation of the price for access to the service under an access agreement.\ns 101 amd 2000 No. 15 s 25\n(sec.101-ssec.1) In negotiations between an access provider and access seeker for an access agreement, the access provider must make all reasonable efforts to try to satisfy the reasonable requirements of the access seeker.\n(sec.101-ssec.2) Without limiting subsection (1) , and subject to any relevant access code or approved access undertaking, the access provider must give the access seeker the following— information about the price at which the access provider provides the service, including the way in which the price is calculated; information about the costs of providing the service, including the capital, operation and maintenance costs; information about the value of the access provider’s assets, including the way in which the value is calculated; an estimate of the spare capacity of the service, including the way in which the spare capacity is calculated; a diagram or map of the facility used to provide the service; information about the operation of the facility; information about the safety system for the facility; if the authority makes a determination in an arbitration about access to the service under division 5 , subdivision 3 —information about the determination.\n(sec.101-ssec.3) Despite subsection (2) , if the authority reasonably considers the disclosure of information under subsection (2) may be likely to damage the commercial activities of the access provider, an access seeker or an access user, the authority may— allow the information to be categorised or aggregated so the disclosure is not unduly damaging; or authorise the access provider not to give the access seeker 1 or more of the matters mentioned in subsection (2) .\n(sec.101-ssec.4) Despite subsection (2) , the authority may allow the matters mentioned in subsection (2) (a) to (c) to be given in the form of a reference tariff.\n(sec.101-ssec.5) The access provider or access seeker may ask the authority for advice or directions about a matter mentioned in this section.\n(sec.101-ssec.6) The access provider and the access seeker must not, without the consent of the giver of the information, disclose to another person information given under this section.\n(sec.101-ssec.7) In this section— reference tariff , for a service, means a price, or formula for calculating a price, that has been approved by the authority to set the basis for negotiation of the price for access to the service under an access agreement.\n- (a) information about the price at which the access provider provides the service, including the way in which the price is calculated;\n- (b) information about the costs of providing the service, including the capital, operation and maintenance costs;\n- (c) information about the value of the access provider’s assets, including the way in which the value is calculated;\n- (d) an estimate of the spare capacity of the service, including the way in which the spare capacity is calculated;\n- (e) a diagram or map of the facility used to provide the service;\n- (f) information about the operation of the facility;\n- (g) information about the safety system for the facility;\n- (h) if the authority makes a determination in an arbitration about access to the service under division 5 , subdivision 3 —information about the determination.\n- (a) allow the information to be categorised or aggregated so the disclosure is not unduly damaging; or\n- (b) authorise the access provider not to give the access seeker 1 or more of the matters mentioned in subsection (2) .","sortOrder":162},{"sectionNumber":"sec.102","sectionType":"section","heading":"Terms of access under separate agreements","content":"### sec.102 Terms of access under separate agreements\n\nIn entering into separate access agreements in relation to the same declared service, an access provider is not required to provide access on the same terms under each agreement.","sortOrder":163},{"sectionNumber":"sec.103","sectionType":"section","heading":"Requirement to produce access agreement","content":"### sec.103 Requirement to produce access agreement\n\nThis section applies to an access agreement only if it is made in writing.\nThe authority may, by written notice given to an access provider who is a party to an access agreement, require the access provider to give a copy of the agreement to the authority within the time (not less than 14 days) stated in the notice.\nThe access provider must comply with the requirement within the time stated in the notice, unless the access provider has a reasonable excuse.\nMaximum penalty for subsection (3) —500 penalty units or 6 months imprisonment.\n(sec.103-ssec.1) This section applies to an access agreement only if it is made in writing.\n(sec.103-ssec.2) The authority may, by written notice given to an access provider who is a party to an access agreement, require the access provider to give a copy of the agreement to the authority within the time (not less than 14 days) stated in the notice.\n(sec.103-ssec.3) The access provider must comply with the requirement within the time stated in the notice, unless the access provider has a reasonable excuse. Maximum penalty for subsection (3) —500 penalty units or 6 months imprisonment.","sortOrder":164},{"sectionNumber":"sec.104","sectionType":"section","heading":"Preventing or hindering access","content":"### sec.104 Preventing or hindering access\n\nAn access provider or user of a declared service, or a related body corporate of the access provider or user, must not engage in conduct for the purpose of preventing or hindering a user’s access to the declared service under an access agreement.\nProvision for enforcing compliance with section 104 (1) is made in division 8 , particularly section 153 .\nAn access provider who is the owner or operator of a declared service engages in conduct for preventing or hindering a user’s access to the declared service if, having regard to the relevant criterion, the access provider provides, or proposes to provide, access to the declared service to itself, or a related body corporate of the access provider, on more favourable terms than the terms on which the access provider provides, or proposes to provide, access to the declared service to a competitor of the access provider.\nFor subsection (2) , the relevant criterion is the terms, taken as a whole, on which the access provider provides, or proposes to provide, access to the declared service to itself and the competitor having regard, in particular, to—\nthe fees, tariffs or other payments to be made for access to the declared service by the access provider and the competitor; and\nthe nature and quality of the declared service provided, or proposed to be provided, to the access provider and competitor.\nAn access provider or user of a declared service, or a related body corporate of the access provider or user, may be taken to have engaged in conduct for preventing or hindering a user’s access to a service even though, after all the evidence has been considered, the existence of the purpose is ascertainable only by inference from the conduct of the access provider, user or related body corporate or other relevant circumstances.\nSubsections (2) and (4) do not limit the ways in which the purpose of an access provider or user, or a related body corporate of an access provider or user, may be established for subsection (1) .\nAn access provider or user of a declared service, or a related body corporate of the access provider or user, does not contravene subsection (1) if the conduct of the access provider, user or related body corporate is constituted by—\nan act done in accordance with an access code or approved access undertaking for the declared service; or\na reasonable act done in, and for, an emergency (including an emergency that involves, or may involve, injury to persons or damage to property).\nSubsection (2) applies despite section 102 .\nIn this section—\ncompetitor , of an access provider of a declared service, means a person who has, or seeks to have, access to the declared service to compete in a market with the access provider, or a related body corporate of the access provider.\ns 104 amd 2000 No. 15 s 2 sch\n(sec.104-ssec.1) An access provider or user of a declared service, or a related body corporate of the access provider or user, must not engage in conduct for the purpose of preventing or hindering a user’s access to the declared service under an access agreement. Provision for enforcing compliance with section 104 (1) is made in division 8 , particularly section 153 .\n(sec.104-ssec.2) An access provider who is the owner or operator of a declared service engages in conduct for preventing or hindering a user’s access to the declared service if, having regard to the relevant criterion, the access provider provides, or proposes to provide, access to the declared service to itself, or a related body corporate of the access provider, on more favourable terms than the terms on which the access provider provides, or proposes to provide, access to the declared service to a competitor of the access provider.\n(sec.104-ssec.3) For subsection (2) , the relevant criterion is the terms, taken as a whole, on which the access provider provides, or proposes to provide, access to the declared service to itself and the competitor having regard, in particular, to— the fees, tariffs or other payments to be made for access to the declared service by the access provider and the competitor; and the nature and quality of the declared service provided, or proposed to be provided, to the access provider and competitor.\n(sec.104-ssec.4) An access provider or user of a declared service, or a related body corporate of the access provider or user, may be taken to have engaged in conduct for preventing or hindering a user’s access to a service even though, after all the evidence has been considered, the existence of the purpose is ascertainable only by inference from the conduct of the access provider, user or related body corporate or other relevant circumstances.\n(sec.104-ssec.5) Subsections (2) and (4) do not limit the ways in which the purpose of an access provider or user, or a related body corporate of an access provider or user, may be established for subsection (1) .\n(sec.104-ssec.6) An access provider or user of a declared service, or a related body corporate of the access provider or user, does not contravene subsection (1) if the conduct of the access provider, user or related body corporate is constituted by— an act done in accordance with an access code or approved access undertaking for the declared service; or a reasonable act done in, and for, an emergency (including an emergency that involves, or may involve, injury to persons or damage to property).\n(sec.104-ssec.7) Subsection (2) applies despite section 102 .\n(sec.104-ssec.8) In this section— competitor , of an access provider of a declared service, means a person who has, or seeks to have, access to the declared service to compete in a market with the access provider, or a related body corporate of the access provider.\n- (a) the fees, tariffs or other payments to be made for access to the declared service by the access provider and the competitor; and\n- (b) the nature and quality of the declared service provided, or proposed to be provided, to the access provider and competitor.\n- (a) an act done in accordance with an access code or approved access undertaking for the declared service; or\n- (b) a reasonable act done in, and for, an emergency (including an emergency that involves, or may involve, injury to persons or damage to property).","sortOrder":165},{"sectionNumber":"sec.105","sectionType":"section","heading":"Requirement to give information about access","content":"### sec.105 Requirement to give information about access\n\nThe authority may take action under this section to find out whether an access provider who is an owner or operator of a declared service is complying with section 104 (1) in relation to the declared service.\nThe authority may, by written notice given to the access provider, require the access provider to give the authority, within the time (not less than 14 days) stated in the notice, stated information about the arrangements under which the access provider provides, or proposes to provide, access to the service to itself or a related body corporate of the access provider.\nThe access provider must comply with the requirement within the time stated in the notice, unless the access provider has a reasonable excuse.\nMaximum penalty—500 penalty units or 6 months imprisonment.\nAn access provider is not required to comply with a requirement to give information if the access provider claims on the ground of self incrimination a privilege the access provider would be entitled to claim against giving the information were the access provider a witness in a prosecution for an offence in the Supreme Court.\nThe authority or access provider may apply to the Supreme Court for a determination of the validity of a claim of privilege.\n(sec.105-ssec.1) The authority may take action under this section to find out whether an access provider who is an owner or operator of a declared service is complying with section 104 (1) in relation to the declared service.\n(sec.105-ssec.2) The authority may, by written notice given to the access provider, require the access provider to give the authority, within the time (not less than 14 days) stated in the notice, stated information about the arrangements under which the access provider provides, or proposes to provide, access to the service to itself or a related body corporate of the access provider.\n(sec.105-ssec.3) The access provider must comply with the requirement within the time stated in the notice, unless the access provider has a reasonable excuse. Maximum penalty—500 penalty units or 6 months imprisonment.\n(sec.105-ssec.4) An access provider is not required to comply with a requirement to give information if the access provider claims on the ground of self incrimination a privilege the access provider would be entitled to claim against giving the information were the access provider a witness in a prosecution for an offence in the Supreme Court.\n(sec.105-ssec.5) The authority or access provider may apply to the Supreme Court for a determination of the validity of a claim of privilege.","sortOrder":166},{"sectionNumber":"sec.106","sectionType":"section","heading":"Transfer of rights under access agreement","content":"### sec.106 Transfer of rights under access agreement\n\nA user of a declared service under an access agreement may transfer all or part of the user’s interest in the agreement under this section.\nA transfer must be made by written notice given to the access provider providing the service to the user.\nThe notice must state—\nthe interest being transferred; and\nthe name and address of the transferee; and\nthe date of the transfer.\nThe date of transfer stated in the notice must not be earlier than the day on which the notice is given.\nEven if a user effects a transfer under this section, the user’s obligations under the access agreement continue, unless the transferee and other parties to the access agreement otherwise agree.\nSubsection (1) has effect subject to—\nan access code for the declared service; and\nan approved access undertaking for the declared service; and\nif the access agreement has been approved by the authority under subdivision 3 —the terms of the access agreement.\ns 106 amd 2000 No. 15 s 2 sch\n(sec.106-ssec.1) A user of a declared service under an access agreement may transfer all or part of the user’s interest in the agreement under this section.\n(sec.106-ssec.2) A transfer must be made by written notice given to the access provider providing the service to the user.\n(sec.106-ssec.3) The notice must state— the interest being transferred; and the name and address of the transferee; and the date of the transfer.\n(sec.106-ssec.4) The date of transfer stated in the notice must not be earlier than the day on which the notice is given.\n(sec.106-ssec.5) Even if a user effects a transfer under this section, the user’s obligations under the access agreement continue, unless the transferee and other parties to the access agreement otherwise agree.\n(sec.106-ssec.6) Subsection (1) has effect subject to— an access code for the declared service; and an approved access undertaking for the declared service; and if the access agreement has been approved by the authority under subdivision 3 —the terms of the access agreement.\n- (a) the interest being transferred; and\n- (b) the name and address of the transferee; and\n- (c) the date of the transfer.\n- (a) an access code for the declared service; and\n- (b) an approved access undertaking for the declared service; and\n- (c) if the access agreement has been approved by the authority under subdivision 3 —the terms of the access agreement.","sortOrder":167},{"sectionNumber":"sec.107","sectionType":"section","heading":"Application of subdivision","content":"### sec.107 Application of subdivision\n\nThis subdivision applies to an access agreement only if the agreement affects the right of a user of a declared service under the agreement to transfer all or part of the user’s interest in the agreement.","sortOrder":168},{"sectionNumber":"sec.108","sectionType":"section","heading":"Application for approval","content":"### sec.108 Application for approval\n\nThe parties to an access agreement may apply to the authority for approval of the agreement.\nAn application must be made in the form approved by the authority.\n(sec.108-ssec.1) The parties to an access agreement may apply to the authority for approval of the agreement.\n(sec.108-ssec.2) An application must be made in the form approved by the authority.","sortOrder":169},{"sectionNumber":"sec.109","sectionType":"section","heading":"Decision on application","content":"### sec.109 Decision on application\n\nThe authority must consider an application for approval of an access agreement received by it and either approve, or refuse to approve, the agreement.\nIn deciding whether to give the approval, the authority must have regard to—\nthe object of this part; and\nthe public interest, including the public interest in having competition in markets (whether or not in Australia); and\nthe interests of the access provider; and\nthe interests of persons who have, or may acquire, rights to use the declared service to which the agreement relates, including whether adequate provision has been made for compensation if the persons’ rights are adversely affected.\ns 109 amd 2000 No. 15 s 26 ; 2008 No. 35 s 43\n(sec.109-ssec.1) The authority must consider an application for approval of an access agreement received by it and either approve, or refuse to approve, the agreement.\n(sec.109-ssec.2) In deciding whether to give the approval, the authority must have regard to— the object of this part; and the public interest, including the public interest in having competition in markets (whether or not in Australia); and the interests of the access provider; and the interests of persons who have, or may acquire, rights to use the declared service to which the agreement relates, including whether adequate provision has been made for compensation if the persons’ rights are adversely affected.\n- (a) the object of this part; and\n- (b) the public interest, including the public interest in having competition in markets (whether or not in Australia); and\n- (c) the interests of the access provider; and\n- (d) the interests of persons who have, or may acquire, rights to use the declared service to which the agreement relates, including whether adequate provision has been made for compensation if the persons’ rights are adversely affected.","sortOrder":170},{"sectionNumber":"sec.110","sectionType":"section","heading":"Notice of decision","content":"### sec.110 Notice of decision\n\nIf the authority decides to approve an access agreement, the authority must immediately give written notice of the decision to each of the parties to the agreement.\nIf the authority decides not to approve an access agreement, the authority must immediately give to each of the parties to the agreement a written notice stating the decision and the reasons for the decision.\ns 110 amd 2000 No. 15 s 2 sch\n(sec.110-ssec.1) If the authority decides to approve an access agreement, the authority must immediately give written notice of the decision to each of the parties to the agreement.\n(sec.110-ssec.2) If the authority decides not to approve an access agreement, the authority must immediately give to each of the parties to the agreement a written notice stating the decision and the reasons for the decision.","sortOrder":171},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Access disputes about declared services","content":"## Access disputes about declared services","sortOrder":172},{"sectionNumber":"sec.111","sectionType":"section","heading":"Application of arbitration procedures to access disputes","content":"### sec.111 Application of arbitration procedures to access disputes\n\nSubdivision 3 applies in relation to the arbitration of a dispute about access to a service only if a notice of the dispute has been given to the authority by an access provider or access seeker under section 112 .\nHowever, an access provider or access seeker may give a notice under section 112 about a dispute only if the access provider and access seeker have not agreed to deal with the dispute otherwise than by arbitration under this Act.\n(sec.111-ssec.1) Subdivision 3 applies in relation to the arbitration of a dispute about access to a service only if a notice of the dispute has been given to the authority by an access provider or access seeker under section 112 .\n(sec.111-ssec.2) However, an access provider or access seeker may give a notice under section 112 about a dispute only if the access provider and access seeker have not agreed to deal with the dispute otherwise than by arbitration under this Act.","sortOrder":173},{"sectionNumber":"sec.112","sectionType":"section","heading":"Giving dispute notice","content":"### sec.112 Giving dispute notice\n\nThis section applies if—\nan access provider and access seeker can not agree on an aspect of access to a declared service; and\nthere is no access agreement between the access provider and access seeker relating to the service.\nEither the access provider or access seeker may notify the authority that an access dispute exists.\nFor subsection (1) , there is no access agreement between an access provider and access seeker relating to a declared service if the aspect about access to the service about which the access provider and access seeker can not agree is increased access to the service.\n(sec.112-ssec.1) This section applies if— an access provider and access seeker can not agree on an aspect of access to a declared service; and there is no access agreement between the access provider and access seeker relating to the service.\n(sec.112-ssec.2) Either the access provider or access seeker may notify the authority that an access dispute exists.\n(sec.112-ssec.3) For subsection (1) , there is no access agreement between an access provider and access seeker relating to a declared service if the aspect about access to the service about which the access provider and access seeker can not agree is increased access to the service.\n- (a) an access provider and access seeker can not agree on an aspect of access to a declared service; and\n- (b) there is no access agreement between the access provider and access seeker relating to the service.","sortOrder":174},{"sectionNumber":"sec.113","sectionType":"section","heading":"Requirements about access dispute notice","content":"### sec.113 Requirements about access dispute notice\n\nA notice given under section 112 (2) (an access dispute notice ) must be in writing.\nAn access dispute notice must—\nstate the name and address of the access provider or access seeker giving the notice; and\nstate the name and address of the other party involved in the access dispute; and\nstate whether the dispute is to be dealt with by mediation or arbitration; and\nstate the steps the party giving the notice has taken, or tried to take, to satisfy its obligations about carrying out negotiations for an access agreement in good faith, including, if the dispute is to be dealt with by arbitration, whether or not an attempt has been made to resolve the dispute by mediation under subdivision 2A .\nSee section 100 .\ns 113 amd 2000 No. 15 s 27\n(sec.113-ssec.1) A notice given under section 112 (2) (an access dispute notice ) must be in writing.\n(sec.113-ssec.2) An access dispute notice must— state the name and address of the access provider or access seeker giving the notice; and state the name and address of the other party involved in the access dispute; and state whether the dispute is to be dealt with by mediation or arbitration; and state the steps the party giving the notice has taken, or tried to take, to satisfy its obligations about carrying out negotiations for an access agreement in good faith, including, if the dispute is to be dealt with by arbitration, whether or not an attempt has been made to resolve the dispute by mediation under subdivision 2A . See section 100 .\n- (a) state the name and address of the access provider or access seeker giving the notice; and\n- (b) state the name and address of the other party involved in the access dispute; and\n- (c) state whether the dispute is to be dealt with by mediation or arbitration; and\n- (d) state the steps the party giving the notice has taken, or tried to take, to satisfy its obligations about carrying out negotiations for an access agreement in good faith, including, if the dispute is to be dealt with by arbitration, whether or not an attempt has been made to resolve the dispute by mediation under subdivision 2A . Note— See section 100 .","sortOrder":175},{"sectionNumber":"sec.114","sectionType":"section","heading":"Notice by authority of access dispute","content":"### sec.114 Notice by authority of access dispute\n\nOn receiving an access dispute notice, the authority must give written notice of the access dispute—\nif the dispute notice was given by an access seeker—to the access provider stated in the notice as being the access provider involved in the access dispute with the access seeker; and\nif the dispute notice was given by an access provider—to the access seeker stated in the notice as being the access seeker involved in the access dispute with the access provider; and\nto any other person the authority considers is appropriate to become a party to the arbitration of the access dispute.\ns 114 amd 2000 No. 15 s 2 sch\n- (a) if the dispute notice was given by an access seeker—to the access provider stated in the notice as being the access provider involved in the access dispute with the access seeker; and\n- (b) if the dispute notice was given by an access provider—to the access seeker stated in the notice as being the access seeker involved in the access dispute with the access provider; and\n- (c) to any other person the authority considers is appropriate to become a party to the arbitration of the access dispute.","sortOrder":176},{"sectionNumber":"sec.115","sectionType":"section","heading":"Withdrawal of access dispute notice","content":"### sec.115 Withdrawal of access dispute notice\n\nAn access dispute notice may be withdrawn only under this section.\nAn access provider or access seeker may withdraw an access dispute notice—\nif the dispute is to be dealt with by mediation—at any time before a mediated resolution of the dispute is achieved; or\nif the dispute is to be dealt with by arbitration—at any time before the authority makes its determination.\nHowever, the access provider may withdraw the access dispute notice only with the written agreement of the access seeker.\nSubsection (2) applies whether the access dispute notice was given by the access provider or access seeker.\nIf an access dispute notice is withdrawn, the notice is taken, for this part, never to have been given.\ns 115 amd 2000 No. 15 s 28\n(sec.115-ssec.1) An access dispute notice may be withdrawn only under this section.\n(sec.115-ssec.2) An access provider or access seeker may withdraw an access dispute notice— if the dispute is to be dealt with by mediation—at any time before a mediated resolution of the dispute is achieved; or if the dispute is to be dealt with by arbitration—at any time before the authority makes its determination.\n(sec.115-ssec.3) However, the access provider may withdraw the access dispute notice only with the written agreement of the access seeker.\n(sec.115-ssec.4) Subsection (2) applies whether the access dispute notice was given by the access provider or access seeker.\n(sec.115-ssec.5) If an access dispute notice is withdrawn, the notice is taken, for this part, never to have been given.\n- (a) if the dispute is to be dealt with by mediation—at any time before a mediated resolution of the dispute is achieved; or\n- (b) if the dispute is to be dealt with by arbitration—at any time before the authority makes its determination.","sortOrder":177},{"sectionNumber":"sec.115A","sectionType":"section","heading":"Authority may refer access dispute to mediation","content":"### sec.115A Authority may refer access dispute to mediation\n\nThis section applies if—\nthe authority has received an access dispute notice stating—\nthe dispute is to be dealt with by arbitration; and\nthere has been no attempt to resolve the dispute by mediation; and\nthe authority considers a mediated resolution of the dispute can be achieved.\nThe authority must give the following persons a written notice asking them to attend a conference to attempt to resolve the dispute by mediation (a mediation conference )—\nthe access seeker stated in the access dispute notice as being the access seeker involved in the access dispute with the access provider;\nthe access provider stated in the access dispute notice as being the access provider involved in the access dispute with the access seeker.\ns 115A ins 2000 No. 15 s 29\n(sec.115A-ssec.1) This section applies if— the authority has received an access dispute notice stating— the dispute is to be dealt with by arbitration; and there has been no attempt to resolve the dispute by mediation; and the authority considers a mediated resolution of the dispute can be achieved.\n(sec.115A-ssec.2) The authority must give the following persons a written notice asking them to attend a conference to attempt to resolve the dispute by mediation (a mediation conference )— the access seeker stated in the access dispute notice as being the access seeker involved in the access dispute with the access provider; the access provider stated in the access dispute notice as being the access provider involved in the access dispute with the access seeker.\n- (a) the authority has received an access dispute notice stating— (i) the dispute is to be dealt with by arbitration; and (ii) there has been no attempt to resolve the dispute by mediation; and\n- (i) the dispute is to be dealt with by arbitration; and\n- (ii) there has been no attempt to resolve the dispute by mediation; and\n- (b) the authority considers a mediated resolution of the dispute can be achieved.\n- (i) the dispute is to be dealt with by arbitration; and\n- (ii) there has been no attempt to resolve the dispute by mediation; and\n- (a) the access seeker stated in the access dispute notice as being the access seeker involved in the access dispute with the access provider;\n- (b) the access provider stated in the access dispute notice as being the access provider involved in the access dispute with the access seeker.","sortOrder":178},{"sectionNumber":"sec.115B","sectionType":"section","heading":"Parties to mediation of access disputes","content":"### sec.115B Parties to mediation of access disputes\n\nIf section 115A applies, the parties to the mediation of an access dispute are the persons to whom a notice under the section is given by the authority.\nIf section 115A does not apply, the parties to the mediation of an access dispute are—\nthe access provider or access seeker who gives the access dispute notice for the access dispute; and\nif the access dispute notice is given by an access provider—the access seeker stated in the notice as being the access seeker involved in the access dispute with the access provider; and\nif the access dispute notice is given by an access seeker—the access provider stated in the notice as being the access provider involved in the access dispute with the access seeker.\ns 115B ins 2000 No. 15 s 29\n(sec.115B-ssec.1) If section 115A applies, the parties to the mediation of an access dispute are the persons to whom a notice under the section is given by the authority.\n(sec.115B-ssec.2) If section 115A does not apply, the parties to the mediation of an access dispute are— the access provider or access seeker who gives the access dispute notice for the access dispute; and if the access dispute notice is given by an access provider—the access seeker stated in the notice as being the access seeker involved in the access dispute with the access provider; and if the access dispute notice is given by an access seeker—the access provider stated in the notice as being the access provider involved in the access dispute with the access seeker.\n- (a) the access provider or access seeker who gives the access dispute notice for the access dispute; and\n- (b) if the access dispute notice is given by an access provider—the access seeker stated in the notice as being the access seeker involved in the access dispute with the access provider; and\n- (c) if the access dispute notice is given by an access seeker—the access provider stated in the notice as being the access provider involved in the access dispute with the access seeker.","sortOrder":179},{"sectionNumber":"sec.115C","sectionType":"section","heading":"Other persons may take part in mediation conference","content":"### sec.115C Other persons may take part in mediation conference\n\nA mediator may allow a person who applies to take part in a mediation conference to take part in the conference if—\nthe mediator is satisfied the person has a sufficient interest in the resolution of the access dispute; and\nthe parties to the mediation consent.\nHowever, the person does not become a party to the dispute.\ns 115C ins 2000 No. 15 s 29\n(sec.115C-ssec.1) A mediator may allow a person who applies to take part in a mediation conference to take part in the conference if— the mediator is satisfied the person has a sufficient interest in the resolution of the access dispute; and the parties to the mediation consent.\n(sec.115C-ssec.2) However, the person does not become a party to the dispute.\n- (a) the mediator is satisfied the person has a sufficient interest in the resolution of the access dispute; and\n- (b) the parties to the mediation consent.","sortOrder":180},{"sectionNumber":"sec.115D","sectionType":"section","heading":"Conduct of mediation under sdiv 2A","content":"### sec.115D Conduct of mediation under sdiv 2A\n\nPart 6A applies to a mediation under this subdivision.\ns 115D ins 2000 No. 15 s 29\namd 2001 No. 31 s 48 sch","sortOrder":181},{"sectionNumber":"sec.115E","sectionType":"section","heading":"Mediation agreements","content":"### sec.115E Mediation agreements\n\nThis section applies if the parties to the mediation of an access dispute reach an agreement on the resolution (a mediated resolution ) of the dispute.\nThe agreement must be put into writing and signed by or for the parties (the mediation agreement ).\nThe mediator must give a copy of the mediation agreement to the authority as soon as practicable after it is signed.\ns 115E ins 2000 No. 15 s 29\n(sec.115E-ssec.1) This section applies if the parties to the mediation of an access dispute reach an agreement on the resolution (a mediated resolution ) of the dispute.\n(sec.115E-ssec.2) The agreement must be put into writing and signed by or for the parties (the mediation agreement ).\n(sec.115E-ssec.3) The mediator must give a copy of the mediation agreement to the authority as soon as practicable after it is signed.","sortOrder":182},{"sectionNumber":"sec.115F","sectionType":"section","heading":"Reference of access dispute—by mediator","content":"### sec.115F Reference of access dispute—by mediator\n\nThis section applies if—\nany of the following apply—\nthe mediator considers the parties to a mediation can not reach a mediated resolution of the access dispute the subject of the mediation;\na party to the mediation does not attend the mediation conference for the mediation;\nthe access dispute is not resolved within 4 months after the access dispute notice for the dispute was given to the authority; and\nthe access dispute notice has not been withdrawn.\nThe mediator must, by written notice given to the authority, refer the dispute to the authority for arbitration.\ns 115F ins 2000 No. 15 s 29\n(sec.115F-ssec.1) This section applies if— any of the following apply— the mediator considers the parties to a mediation can not reach a mediated resolution of the access dispute the subject of the mediation; a party to the mediation does not attend the mediation conference for the mediation; the access dispute is not resolved within 4 months after the access dispute notice for the dispute was given to the authority; and the access dispute notice has not been withdrawn.\n(sec.115F-ssec.2) The mediator must, by written notice given to the authority, refer the dispute to the authority for arbitration.\n- (a) any of the following apply— (i) the mediator considers the parties to a mediation can not reach a mediated resolution of the access dispute the subject of the mediation; (ii) a party to the mediation does not attend the mediation conference for the mediation; (iii) the access dispute is not resolved within 4 months after the access dispute notice for the dispute was given to the authority; and\n- (i) the mediator considers the parties to a mediation can not reach a mediated resolution of the access dispute the subject of the mediation;\n- (ii) a party to the mediation does not attend the mediation conference for the mediation;\n- (iii) the access dispute is not resolved within 4 months after the access dispute notice for the dispute was given to the authority; and\n- (b) the access dispute notice has not been withdrawn.\n- (i) the mediator considers the parties to a mediation can not reach a mediated resolution of the access dispute the subject of the mediation;\n- (ii) a party to the mediation does not attend the mediation conference for the mediation;\n- (iii) the access dispute is not resolved within 4 months after the access dispute notice for the dispute was given to the authority; and","sortOrder":183},{"sectionNumber":"sec.115G","sectionType":"section","heading":"Reference of access dispute—by party","content":"### sec.115G Reference of access dispute—by party\n\nA party to the mediation of an access dispute may, by a further access dispute notice, refer the dispute to the authority for arbitration if—\na signed mediation agreement exists for the dispute; and\nthe party claims that another party to the mediation agreement has not complied with the agreement within the time stated for it or, if no time is stated, within 90 days after the agreement is signed.\ns 115G ins 2000 No. 15 s 29\n- (a) a signed mediation agreement exists for the dispute; and\n- (b) the party claims that another party to the mediation agreement has not complied with the agreement within the time stated for it or, if no time is stated, within 90 days after the agreement is signed.","sortOrder":184},{"sectionNumber":"sec.116","sectionType":"section","heading":"Parties to arbitration of access disputes","content":"### sec.116 Parties to arbitration of access disputes\n\nIf the access dispute notice for an access dispute states the dispute is to be dealt with by arbitration, the parties to the arbitration of the dispute are—\nthe access provider or access seeker who gives the access dispute notice for the access dispute; and\nif the access dispute notice is given by an access provider—the access seeker stated in the notice as being the access seeker involved in the access dispute with the access provider; and\nif the access dispute notice is given by an access seeker—the access provider stated in the notice as being the access provider involved in the access dispute with the access seeker; and\nany other person who applies to the authority in writing to be made a party and is accepted by the authority as having a sufficient interest.\nIf an access dispute is referred to the authority for arbitration by a mediator under section 115F , the parties to the arbitration of the dispute are—\nthe parties to the mediation to which the dispute relates; and\nany other person who applies to the authority in writing to be made a party and is accepted by the authority as having a sufficient interest.\ns 116 sub 2000 No. 15 s 30\n(sec.116-ssec.1) If the access dispute notice for an access dispute states the dispute is to be dealt with by arbitration, the parties to the arbitration of the dispute are— the access provider or access seeker who gives the access dispute notice for the access dispute; and if the access dispute notice is given by an access provider—the access seeker stated in the notice as being the access seeker involved in the access dispute with the access provider; and if the access dispute notice is given by an access seeker—the access provider stated in the notice as being the access provider involved in the access dispute with the access seeker; and any other person who applies to the authority in writing to be made a party and is accepted by the authority as having a sufficient interest.\n(sec.116-ssec.2) If an access dispute is referred to the authority for arbitration by a mediator under section 115F , the parties to the arbitration of the dispute are— the parties to the mediation to which the dispute relates; and any other person who applies to the authority in writing to be made a party and is accepted by the authority as having a sufficient interest.\n- (a) the access provider or access seeker who gives the access dispute notice for the access dispute; and\n- (b) if the access dispute notice is given by an access provider—the access seeker stated in the notice as being the access seeker involved in the access dispute with the access provider; and\n- (c) if the access dispute notice is given by an access seeker—the access provider stated in the notice as being the access provider involved in the access dispute with the access seeker; and\n- (d) any other person who applies to the authority in writing to be made a party and is accepted by the authority as having a sufficient interest.\n- (a) the parties to the mediation to which the dispute relates; and\n- (b) any other person who applies to the authority in writing to be made a party and is accepted by the authority as having a sufficient interest.","sortOrder":185},{"sectionNumber":"sec.117","sectionType":"section","heading":"Access determination by authority","content":"### sec.117 Access determination by authority\n\nThe authority must make a written determination (an access determination ) in an arbitration on access to the declared service by the access seeker.\nHowever, the authority is not required to make an access determination if it ends the arbitration under section 122 .\nThe determination may deal with any matter relating to access to the service by the access seeker, including matters that were not the basis for the access dispute notice for the access dispute.\nThe authority is not required to make an access determination that requires the access provider to provide access to the service by the access seeker.\nBefore making an access determination, the authority must give a draft determination to the parties.\nSubject to subsection (5) , the authority is not required to consult with any entity before making an access determination.\nWhen making an access determination, the authority must give the parties its reasons for making the determination.\nThe fact that a party to an arbitration did not engage in negotiations for an access agreement in good faith does not affect—\nan arbitration; or\nthe making of an access determination, or an access determination made, in the arbitration.\ns 117 sub 2000 No. 15 s 30\n(sec.117-ssec.1) The authority must make a written determination (an access determination ) in an arbitration on access to the declared service by the access seeker.\n(sec.117-ssec.2) However, the authority is not required to make an access determination if it ends the arbitration under section 122 .\n(sec.117-ssec.3) The determination may deal with any matter relating to access to the service by the access seeker, including matters that were not the basis for the access dispute notice for the access dispute.\n(sec.117-ssec.4) The authority is not required to make an access determination that requires the access provider to provide access to the service by the access seeker.\n(sec.117-ssec.5) Before making an access determination, the authority must give a draft determination to the parties.\n(sec.117-ssec.6) Subject to subsection (5) , the authority is not required to consult with any entity before making an access determination.\n(sec.117-ssec.7) When making an access determination, the authority must give the parties its reasons for making the determination.\n(sec.117-ssec.8) The fact that a party to an arbitration did not engage in negotiations for an access agreement in good faith does not affect— an arbitration; or the making of an access determination, or an access determination made, in the arbitration.\n- (a) an arbitration; or\n- (b) the making of an access determination, or an access determination made, in the arbitration.","sortOrder":186},{"sectionNumber":"sec.117A","sectionType":"section","heading":"Period for making access determination","content":"### sec.117A Period for making access determination\n\nThe authority must use its best endeavours to make an access determination within 6 months from the day the access dispute notice for the relevant access dispute was given to the authority.\nHowever, the 6 month period mentioned in subsection (1) does not include any of the following—\nif mediation of the access dispute is conducted under subdivision 2A —a day earlier than the day the dispute is referred by the mediator to the authority for arbitration;\nif a person is given a notice under section 205 requiring the person to give information or produce a document for the arbitration of the access dispute, a day in the period—\nstarting on the day the notice is given to the person; and\nending on the day the person complies with the notice;\nif the authority invites the parties to comment, within a period stated by the authority, on a draft determination given to the parties under section 117 (5) —a day in the period for making comments stated by the authority;\nif the parties agree to a day not being included in the 6 month period—a day agreed to by the parties.\nThe authority must publish a notice on its website, for each access dispute being dealt with by arbitration, stating—\nthe day the 6 month period mentioned in subsection (1) started or will start; and\nthe day the period will end; and\nfor a day not included in the period under subsection (2) —the reason the day is not included in the period.\nIf the authority fails to make an access determination within the 6 month period mentioned in subsection (1) , it must, as soon as practicable after the period ends—\nprepare a written notice stating—\nthe reasons for the authority’s failure; and\ndetails about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and\ngive a copy of the notice to the parties and the Minister.\ns 117A ins 2008 No. 35 s 44\namd 2013 No. 39 s 43 sch 1 ; 2018 No. 6 s 7\n(sec.117A-ssec.1) The authority must use its best endeavours to make an access determination within 6 months from the day the access dispute notice for the relevant access dispute was given to the authority.\n(sec.117A-ssec.2) However, the 6 month period mentioned in subsection (1) does not include any of the following— if mediation of the access dispute is conducted under subdivision 2A —a day earlier than the day the dispute is referred by the mediator to the authority for arbitration; if a person is given a notice under section 205 requiring the person to give information or produce a document for the arbitration of the access dispute, a day in the period— starting on the day the notice is given to the person; and ending on the day the person complies with the notice; if the authority invites the parties to comment, within a period stated by the authority, on a draft determination given to the parties under section 117 (5) —a day in the period for making comments stated by the authority; if the parties agree to a day not being included in the 6 month period—a day agreed to by the parties.\n(sec.117A-ssec.3) The authority must publish a notice on its website, for each access dispute being dealt with by arbitration, stating— the day the 6 month period mentioned in subsection (1) started or will start; and the day the period will end; and for a day not included in the period under subsection (2) —the reason the day is not included in the period.\n(sec.117A-ssec.4) If the authority fails to make an access determination within the 6 month period mentioned in subsection (1) , it must, as soon as practicable after the period ends— prepare a written notice stating— the reasons for the authority’s failure; and details about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and give a copy of the notice to the parties and the Minister.\n- (a) if mediation of the access dispute is conducted under subdivision 2A —a day earlier than the day the dispute is referred by the mediator to the authority for arbitration;\n- (b) if a person is given a notice under section 205 requiring the person to give information or produce a document for the arbitration of the access dispute, a day in the period— (i) starting on the day the notice is given to the person; and (ii) ending on the day the person complies with the notice;\n- (i) starting on the day the notice is given to the person; and\n- (ii) ending on the day the person complies with the notice;\n- (c) if the authority invites the parties to comment, within a period stated by the authority, on a draft determination given to the parties under section 117 (5) —a day in the period for making comments stated by the authority;\n- (d) if the parties agree to a day not being included in the 6 month period—a day agreed to by the parties.\n- (i) starting on the day the notice is given to the person; and\n- (ii) ending on the day the person complies with the notice;\n- (a) the day the 6 month period mentioned in subsection (1) started or will start; and\n- (b) the day the period will end; and\n- (c) for a day not included in the period under subsection (2) —the reason the day is not included in the period.\n- (a) prepare a written notice stating— (i) the reasons for the authority’s failure; and (ii) details about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and\n- (i) the reasons for the authority’s failure; and\n- (ii) details about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and\n- (b) give a copy of the notice to the parties and the Minister.\n- (i) the reasons for the authority’s failure; and\n- (ii) details about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and","sortOrder":187},{"sectionNumber":"sec.118","sectionType":"section","heading":"Examples of access determinations","content":"### sec.118 Examples of access determinations\n\nWithout limiting section 117 (3) , an access determination may—\nrequire the access provider to provide access to the service by the access seeker; or\nrequire the access seeker to pay for access to the service; or\nstate the terms on which the access seeker has access to the service; or\nrequire the access provider to extend, or permit the extension of, the facility; or\nrequire the access provider to permit another facility to be connected to the facility; or\ninclude a requirement that the access provider and access seeker enter into an access agreement to give effect to a matter determined by the authority.\nAlso, if the authority makes an access determination that requires or permits the extension of a facility and none of the costs of the extension are to be paid by the access provider, the authority may make an access determination that relates to the ownership of the extension.\ns 118 amd 2000 No. 15 s 2 sch ; 2010 No. 32 s 43\n(sec.118-ssec.1) Without limiting section 117 (3) , an access determination may— require the access provider to provide access to the service by the access seeker; or require the access seeker to pay for access to the service; or state the terms on which the access seeker has access to the service; or require the access provider to extend, or permit the extension of, the facility; or require the access provider to permit another facility to be connected to the facility; or include a requirement that the access provider and access seeker enter into an access agreement to give effect to a matter determined by the authority.\n(sec.118-ssec.2) Also, if the authority makes an access determination that requires or permits the extension of a facility and none of the costs of the extension are to be paid by the access provider, the authority may make an access determination that relates to the ownership of the extension.\n- (a) require the access provider to provide access to the service by the access seeker; or\n- (b) require the access seeker to pay for access to the service; or\n- (c) state the terms on which the access seeker has access to the service; or\n- (d) require the access provider to extend, or permit the extension of, the facility; or\n- (e) require the access provider to permit another facility to be connected to the facility; or\n- (f) include a requirement that the access provider and access seeker enter into an access agreement to give effect to a matter determined by the authority.","sortOrder":188},{"sectionNumber":"sec.119","sectionType":"section","heading":"Restrictions affecting making of access determination","content":"### sec.119 Restrictions affecting making of access determination\n\nThe authority must not make an access determination that is inconsistent with—\nan approved access undertaking, or access code, for the service; or\nsubject to section 150K , a ruling relating to the service that is in effect under division 7A .\nAlso, the authority must not make an access determination that would have any of the following effects—\nreduce the amount of the service able to be obtained by an access provider;\nresult in the access seeker, or someone else, becoming the owner, or 1 of the owners, of the facility, without the existing owner’s agreement;\nrequire an access provider to pay some or all of the costs of extending the facility.\nDespite subsection (2) (a) , the authority may make an access determination reducing the amount of the service able to be obtained by an access provider if—\nthe access provider is a party to the arbitration; and\nthe reduction does not prevent the access provider from obtaining a sufficient amount of the service to be able to meet the provider’s reasonably anticipated requirements, as assessed by the authority, as at the time the access dispute notice was given; and\nif the authority considers the access provider is entitled to be compensated for the reduction—the amount of compensation is taken into account in fixing the amount to be paid by the access seeker for access to the service.\nDespite subsection (2) (c) , the authority may make an access determination requiring an access provider to extend, or permit the extension of, a facility if—\nthe requirement is consistent with a requirement imposed under an approved access undertaking for the service that was approved by the authority under section 136 (4) or 142 (2) , and the requirements under subsection (4B) are met; or\nthe requirements under subsection (5) are met.\nAn access determination mentioned in subsection (4) (a) may require the access provider to pay all or some of the costs of extending the facility if the requirement is consistent with a requirement imposed under the approved access undertaking.\nFor subsection (4) (a) , the requirements are that the authority is satisfied—\nthe extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and\nthe legitimate business interests of the following entities are protected—\nthe owner of the facility;\nif the owner and operator of the facility are different entities—the operator.\nFor subsection (4) (b) , the requirements are—\nthe access provider is the owner or operator of the facility; and\nthe authority is satisfied—\nthe extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and\nthe legitimate business interests of the owner of the facility are protected; and\nif the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and\nfor an access determination requiring an access provider to extend a facility—the authority imposes a requirement under the determination on a person other than the access provider to pay the costs of extending the facility.\nIf the authority makes an access determination mentioned in subsection (4) (a) or (4) (b) , it must, in fixing the terms of access for the access seeker, take into account—\nthe costs to be paid by the parties for the extension; and\nthe benefits to the parties resulting from the extension.\nAn access determination has no effect if it is made in contravention of this section.\ns 119 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 10 ; 2008 No. 35 s 45 ; 2010 No. 32 s 44\n(sec.119-ssec.1) The authority must not make an access determination that is inconsistent with— an approved access undertaking, or access code, for the service; or subject to section 150K , a ruling relating to the service that is in effect under division 7A .\n(sec.119-ssec.2) Also, the authority must not make an access determination that would have any of the following effects— reduce the amount of the service able to be obtained by an access provider; result in the access seeker, or someone else, becoming the owner, or 1 of the owners, of the facility, without the existing owner’s agreement; require an access provider to pay some or all of the costs of extending the facility.\n(sec.119-ssec.3) Despite subsection (2) (a) , the authority may make an access determination reducing the amount of the service able to be obtained by an access provider if— the access provider is a party to the arbitration; and the reduction does not prevent the access provider from obtaining a sufficient amount of the service to be able to meet the provider’s reasonably anticipated requirements, as assessed by the authority, as at the time the access dispute notice was given; and if the authority considers the access provider is entitled to be compensated for the reduction—the amount of compensation is taken into account in fixing the amount to be paid by the access seeker for access to the service.\n(sec.119-ssec.4) Despite subsection (2) (c) , the authority may make an access determination requiring an access provider to extend, or permit the extension of, a facility if— the requirement is consistent with a requirement imposed under an approved access undertaking for the service that was approved by the authority under section 136 (4) or 142 (2) , and the requirements under subsection (4B) are met; or the requirements under subsection (5) are met.\n(sec.119-ssec.4A) An access determination mentioned in subsection (4) (a) may require the access provider to pay all or some of the costs of extending the facility if the requirement is consistent with a requirement imposed under the approved access undertaking.\n(sec.119-ssec.4B) For subsection (4) (a) , the requirements are that the authority is satisfied— the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and the legitimate business interests of the following entities are protected— the owner of the facility; if the owner and operator of the facility are different entities—the operator.\n(sec.119-ssec.5) For subsection (4) (b) , the requirements are— the access provider is the owner or operator of the facility; and the authority is satisfied— the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and the legitimate business interests of the owner of the facility are protected; and if the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and for an access determination requiring an access provider to extend a facility—the authority imposes a requirement under the determination on a person other than the access provider to pay the costs of extending the facility.\n(sec.119-ssec.6) If the authority makes an access determination mentioned in subsection (4) (a) or (4) (b) , it must, in fixing the terms of access for the access seeker, take into account— the costs to be paid by the parties for the extension; and the benefits to the parties resulting from the extension.\n(sec.119-ssec.7) An access determination has no effect if it is made in contravention of this section.\n- (a) an approved access undertaking, or access code, for the service; or\n- (b) subject to section 150K , a ruling relating to the service that is in effect under division 7A .\n- (a) reduce the amount of the service able to be obtained by an access provider;\n- (b) result in the access seeker, or someone else, becoming the owner, or 1 of the owners, of the facility, without the existing owner’s agreement;\n- (c) require an access provider to pay some or all of the costs of extending the facility.\n- (a) the access provider is a party to the arbitration; and\n- (b) the reduction does not prevent the access provider from obtaining a sufficient amount of the service to be able to meet the provider’s reasonably anticipated requirements, as assessed by the authority, as at the time the access dispute notice was given; and\n- (c) if the authority considers the access provider is entitled to be compensated for the reduction—the amount of compensation is taken into account in fixing the amount to be paid by the access seeker for access to the service.\n- (a) the requirement is consistent with a requirement imposed under an approved access undertaking for the service that was approved by the authority under section 136 (4) or 142 (2) , and the requirements under subsection (4B) are met; or\n- (b) the requirements under subsection (5) are met.\n- (a) the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and\n- (b) the legitimate business interests of the following entities are protected— (i) the owner of the facility; (ii) if the owner and operator of the facility are different entities—the operator.\n- (i) the owner of the facility;\n- (ii) if the owner and operator of the facility are different entities—the operator.\n- (i) the owner of the facility;\n- (ii) if the owner and operator of the facility are different entities—the operator.\n- (a) the access provider is the owner or operator of the facility; and\n- (b) the authority is satisfied— (i) the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and (ii) the legitimate business interests of the owner of the facility are protected; and (iii) if the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and\n- (i) the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and\n- (ii) the legitimate business interests of the owner of the facility are protected; and\n- (iii) if the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and\n- (c) for an access determination requiring an access provider to extend a facility—the authority imposes a requirement under the determination on a person other than the access provider to pay the costs of extending the facility.\n- (i) the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and\n- (ii) the legitimate business interests of the owner of the facility are protected; and\n- (iii) if the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and\n- (a) the costs to be paid by the parties for the extension; and\n- (b) the benefits to the parties resulting from the extension.","sortOrder":189},{"sectionNumber":"sec.120","sectionType":"section","heading":"Matters to be considered by authority in making access determination","content":"### sec.120 Matters to be considered by authority in making access determination\n\nIn making an access determination, the authority must have regard to the following matters—\nthe object of this part;\nthe access provider’s legitimate business interests and investment in the facility;\nthe legitimate business interests of persons who have, or may acquire, rights to use the service;\nthe public interest, including the benefit to the public in having competitive markets;\nthe value of the service to—\nthe access seeker; or\na class of access seekers or users;\nthe direct costs to the access provider of providing access to the service, including any costs of extending the facility, but not costs associated with losses arising from increased competition;\nthe economic value to the access provider of any extensions to, or other additional investment in, the facility that the access provider or access seeker has undertaken or agreed to undertake;\nthe quality of the service;\nthe operational and technical requirements necessary for the safe and reliable operation of the facility;\nthe economically efficient operation of the facility;\nthe effect of excluding existing assets for pricing purposes;\nthe pricing principles mentioned in section 168A .\nThe authority may take into account any other matters relating to the matters mentioned in subsection (1) it considers are appropriate.\ns 120 amd 2000 No. 15 s 31 ; 2008 No. 35 s 46\n(sec.120-ssec.1) In making an access determination, the authority must have regard to the following matters— the object of this part; the access provider’s legitimate business interests and investment in the facility; the legitimate business interests of persons who have, or may acquire, rights to use the service; the public interest, including the benefit to the public in having competitive markets; the value of the service to— the access seeker; or a class of access seekers or users; the direct costs to the access provider of providing access to the service, including any costs of extending the facility, but not costs associated with losses arising from increased competition; the economic value to the access provider of any extensions to, or other additional investment in, the facility that the access provider or access seeker has undertaken or agreed to undertake; the quality of the service; the operational and technical requirements necessary for the safe and reliable operation of the facility; the economically efficient operation of the facility; the effect of excluding existing assets for pricing purposes; the pricing principles mentioned in section 168A .\n(sec.120-ssec.2) The authority may take into account any other matters relating to the matters mentioned in subsection (1) it considers are appropriate.\n- (a) the object of this part;\n- (b) the access provider’s legitimate business interests and investment in the facility;\n- (c) the legitimate business interests of persons who have, or may acquire, rights to use the service;\n- (d) the public interest, including the benefit to the public in having competitive markets;\n- (e) the value of the service to— (i) the access seeker; or (ii) a class of access seekers or users;\n- (i) the access seeker; or\n- (ii) a class of access seekers or users;\n- (f) the direct costs to the access provider of providing access to the service, including any costs of extending the facility, but not costs associated with losses arising from increased competition;\n- (g) the economic value to the access provider of any extensions to, or other additional investment in, the facility that the access provider or access seeker has undertaken or agreed to undertake;\n- (h) the quality of the service;\n- (i) the operational and technical requirements necessary for the safe and reliable operation of the facility;\n- (j) the economically efficient operation of the facility;\n- (k) the effect of excluding existing assets for pricing purposes;\n- (l) the pricing principles mentioned in section 168A .\n- (i) the access seeker; or\n- (ii) a class of access seekers or users;","sortOrder":190},{"sectionNumber":"sec.121","sectionType":"section","heading":"Conduct of arbitration","content":"### sec.121 Conduct of arbitration\n\nPart 7 applies to an arbitration under this subdivision.","sortOrder":191},{"sectionNumber":"sec.122","sectionType":"section","heading":"Resolution of access dispute by authority without arbitration or determination","content":"### sec.122 Resolution of access dispute by authority without arbitration or determination\n\nThe authority may decide not to start an arbitration, or at any time end an arbitration (without making an access determination), if it considers that—\nthe giving of the access dispute notice was vexatious; or\nthe subject matter of the dispute is trivial, misconceived or lacking in substance; or\nthe party who gave the access dispute notice has not engaged in negotiations for an access agreement in good faith.\ns 122 amd 2000 No. 15 s 2 sch\n- (a) the giving of the access dispute notice was vexatious; or\n- (b) the subject matter of the dispute is trivial, misconceived or lacking in substance; or\n- (c) the party who gave the access dispute notice has not engaged in negotiations for an access agreement in good faith.","sortOrder":192},{"sectionNumber":"sec.123","sectionType":"section","heading":"When access determination takes effect","content":"### sec.123 When access determination takes effect\n\nAn access determination takes effect on—\nthe day the determination is made; or\nif a later day of effect is stated in the determination—the later day.\ns 123 amd 2000 No. 15 s 2 sch\n- (a) the day the determination is made; or\n- (b) if a later day of effect is stated in the determination—the later day.","sortOrder":193},{"sectionNumber":"sec.124","sectionType":"section","heading":"Enforcement of access determination","content":"### sec.124 Enforcement of access determination\n\nAn access determination may be enforced in the way provided under division 8 .\ns 124 amd 2000 No. 15 s 2 sch","sortOrder":194},{"sectionNumber":"sec.125","sectionType":"section","heading":"Preventing or hindering access","content":"### sec.125 Preventing or hindering access\n\nAn access provider or user of a declared service, or a related body corporate of the access provider or user, must not engage in conduct for the purpose of preventing or hindering a user’s access to the declared service under an access determination.\nProvision for enforcing compliance with section 125 (1) is made in section 153 .\nAn access provider who is the owner or operator of a declared service engages in conduct for preventing or hindering a user’s access to the declared service if, having regard to the relevant criterion, the access provider provides, or proposes to provide, access to the declared service to itself, or a related body corporate of the access provider, on more favourable terms than the terms on which the access provider provides, or proposes to provide, access to the declared service to a competitor of the access provider.\nFor subsection (2) , the relevant criterion is the terms, taken as a whole, on which the access provider provides, or proposes to provide, access to the declared service to itself and the competitor having regard, in particular, to—\nthe fees, tariffs or other payments to be made for access to the declared service by the access provider and the competitor; and\nthe nature and quality of the declared service provided, or proposed to be provided, to the access provider and competitor.\nAn access provider or user of a declared service, or a related body corporate of the access provider or user, may be taken to have engaged in conduct for preventing or hindering a user’s access to a service even though, after all the evidence has been considered, the existence of the purpose is ascertainable only by inference from the conduct of the access provider, user or related body corporate or other relevant circumstances.\nSubsections (2) and (4) do not limit the ways in which the purpose of an access provider or user, or a related body corporate of an access provider or user, may be established for subsection (1) .\nAn access provider or user of a declared service, or a related body corporate of the access provider or user, does not contravene subsection (1) if the conduct of the access provider, user or related body corporate is constituted by—\nan act done in accordance with an access code or approved access undertaking for the declared service; or\na reasonable act done in, and for, an emergency (including an emergency that involves, or may involve, injury to persons or damage to property).\nIn this section—\ncompetitor , of an access provider of a declared service, means a person who has, or seeks to have, access to the declared service to compete in a market with the access provider, or a related body corporate of the access provider.\ns 125 amd 2000 No. 15 s 2 sch\n(sec.125-ssec.1) An access provider or user of a declared service, or a related body corporate of the access provider or user, must not engage in conduct for the purpose of preventing or hindering a user’s access to the declared service under an access determination. Provision for enforcing compliance with section 125 (1) is made in section 153 .\n(sec.125-ssec.2) An access provider who is the owner or operator of a declared service engages in conduct for preventing or hindering a user’s access to the declared service if, having regard to the relevant criterion, the access provider provides, or proposes to provide, access to the declared service to itself, or a related body corporate of the access provider, on more favourable terms than the terms on which the access provider provides, or proposes to provide, access to the declared service to a competitor of the access provider.\n(sec.125-ssec.3) For subsection (2) , the relevant criterion is the terms, taken as a whole, on which the access provider provides, or proposes to provide, access to the declared service to itself and the competitor having regard, in particular, to— the fees, tariffs or other payments to be made for access to the declared service by the access provider and the competitor; and the nature and quality of the declared service provided, or proposed to be provided, to the access provider and competitor.\n(sec.125-ssec.4) An access provider or user of a declared service, or a related body corporate of the access provider or user, may be taken to have engaged in conduct for preventing or hindering a user’s access to a service even though, after all the evidence has been considered, the existence of the purpose is ascertainable only by inference from the conduct of the access provider, user or related body corporate or other relevant circumstances.\n(sec.125-ssec.5) Subsections (2) and (4) do not limit the ways in which the purpose of an access provider or user, or a related body corporate of an access provider or user, may be established for subsection (1) .\n(sec.125-ssec.6) An access provider or user of a declared service, or a related body corporate of the access provider or user, does not contravene subsection (1) if the conduct of the access provider, user or related body corporate is constituted by— an act done in accordance with an access code or approved access undertaking for the declared service; or a reasonable act done in, and for, an emergency (including an emergency that involves, or may involve, injury to persons or damage to property).\n(sec.125-ssec.7) In this section— competitor , of an access provider of a declared service, means a person who has, or seeks to have, access to the declared service to compete in a market with the access provider, or a related body corporate of the access provider.\n- (a) the fees, tariffs or other payments to be made for access to the declared service by the access provider and the competitor; and\n- (b) the nature and quality of the declared service provided, or proposed to be provided, to the access provider and competitor.\n- (a) an act done in accordance with an access code or approved access undertaking for the declared service; or\n- (b) a reasonable act done in, and for, an emergency (including an emergency that involves, or may involve, injury to persons or damage to property).","sortOrder":195},{"sectionNumber":"sec.126","sectionType":"section","heading":"Requirement to give information about access","content":"### sec.126 Requirement to give information about access\n\nThe authority may take action under this section to find out whether an access provider who is an owner or operator of a declared service is complying with section 125 (1) in relation to the declared service.\nThe authority may, by written notice given to the access provider, require the access provider to give the authority, within the time (not less than 14 days) stated in the notice, stated information about the arrangements under which the access provider provides, or proposes to provide, access to the service to itself or a related body corporate of the access provider.\nThe access provider must comply with the requirement within the time stated in the notice, unless the access provider has a reasonable excuse.\nMaximum penalty—500 penalty units or 6 months imprisonment.\nAn access provider is not required to comply with a requirement to give information if the access provider claims on the ground of self incrimination a privilege the access provider would be entitled to claim against giving the information were the access provider a witness in a prosecution for an offence in the Supreme Court.\nThe authority or access provider may apply to the Supreme Court for a determination of the validity of a claim of privilege.\n(sec.126-ssec.1) The authority may take action under this section to find out whether an access provider who is an owner or operator of a declared service is complying with section 125 (1) in relation to the declared service.\n(sec.126-ssec.2) The authority may, by written notice given to the access provider, require the access provider to give the authority, within the time (not less than 14 days) stated in the notice, stated information about the arrangements under which the access provider provides, or proposes to provide, access to the service to itself or a related body corporate of the access provider.\n(sec.126-ssec.3) The access provider must comply with the requirement within the time stated in the notice, unless the access provider has a reasonable excuse. Maximum penalty—500 penalty units or 6 months imprisonment.\n(sec.126-ssec.4) An access provider is not required to comply with a requirement to give information if the access provider claims on the ground of self incrimination a privilege the access provider would be entitled to claim against giving the information were the access provider a witness in a prosecution for an offence in the Supreme Court.\n(sec.126-ssec.5) The authority or access provider may apply to the Supreme Court for a determination of the validity of a claim of privilege.","sortOrder":196},{"sectionNumber":"sec.127","sectionType":"section","heading":"Register of access determinations","content":"### sec.127 Register of access determinations\n\nThe authority must keep a register of access determinations.\nThe register must include, for each access determination, details of the following—\nthe names of the parties to the determination;\nthe service to which the determination relates;\nthe date the determination was made;\nthe date the determination is to take, or took, effect;\nthe authority’s reasons for the determination;\nif the access determination has been amended under subdivision 4 —\ndetails of the amendment; and\nthe date the authority decided to amend the access determination; and\nthe date the amendment is to take, or took, effect; and\nif the authority amended the access determination under section 127D —the authority’s reasons for amending the access determination;\nif the access determination has been revoked under subdivision 4 —\nthe date the authority decided to revoke the access determination; and\nthe date the revocation is to take, or took, effect; and\nif the authority revoked the access determination under section 127D —the authority’s reasons for revoking the access determination.\nThe details in the register of the authority’s reasons for an access determination must not include details that are likely to damage the commercial activities of the parties to the determination.\ns 127 amd 2000 No. 15 s 32 ; 2010 No. 32 s 45\n(sec.127-ssec.1) The authority must keep a register of access determinations.\n(sec.127-ssec.2) The register must include, for each access determination, details of the following— the names of the parties to the determination; the service to which the determination relates; the date the determination was made; the date the determination is to take, or took, effect; the authority’s reasons for the determination; if the access determination has been amended under subdivision 4 — details of the amendment; and the date the authority decided to amend the access determination; and the date the amendment is to take, or took, effect; and if the authority amended the access determination under section 127D —the authority’s reasons for amending the access determination; if the access determination has been revoked under subdivision 4 — the date the authority decided to revoke the access determination; and the date the revocation is to take, or took, effect; and if the authority revoked the access determination under section 127D —the authority’s reasons for revoking the access determination.\n(sec.127-ssec.3) The details in the register of the authority’s reasons for an access determination must not include details that are likely to damage the commercial activities of the parties to the determination.\n- (a) the names of the parties to the determination;\n- (b) the service to which the determination relates;\n- (c) the date the determination was made;\n- (d) the date the determination is to take, or took, effect;\n- (e) the authority’s reasons for the determination;\n- (f) if the access determination has been amended under subdivision 4 — (i) details of the amendment; and (ii) the date the authority decided to amend the access determination; and (iii) the date the amendment is to take, or took, effect; and (iv) if the authority amended the access determination under section 127D —the authority’s reasons for amending the access determination;\n- (i) details of the amendment; and\n- (ii) the date the authority decided to amend the access determination; and\n- (iii) the date the amendment is to take, or took, effect; and\n- (iv) if the authority amended the access determination under section 127D —the authority’s reasons for amending the access determination;\n- (g) if the access determination has been revoked under subdivision 4 — (i) the date the authority decided to revoke the access determination; and (ii) the date the revocation is to take, or took, effect; and (iii) if the authority revoked the access determination under section 127D —the authority’s reasons for revoking the access determination.\n- (i) the date the authority decided to revoke the access determination; and\n- (ii) the date the revocation is to take, or took, effect; and\n- (iii) if the authority revoked the access determination under section 127D —the authority’s reasons for revoking the access determination.\n- (i) details of the amendment; and\n- (ii) the date the authority decided to amend the access determination; and\n- (iii) the date the amendment is to take, or took, effect; and\n- (iv) if the authority amended the access determination under section 127D —the authority’s reasons for amending the access determination;\n- (i) the date the authority decided to revoke the access determination; and\n- (ii) the date the revocation is to take, or took, effect; and\n- (iii) if the authority revoked the access determination under section 127D —the authority’s reasons for revoking the access determination.","sortOrder":197},{"sectionNumber":"sec.127A","sectionType":"section","heading":"Application for amendment or revocation of access determination","content":"### sec.127A Application for amendment or revocation of access determination\n\nA party to an access determination may apply to the authority for the amendment or revocation of the access determination, if the party reasonably believes—\nthere has been a material change of circumstances since the access determination was made; and\nthe material change of circumstances justifies the amendment or revocation of the access determination.\nAn application under subsection (1) must be in writing and state the following—\nthe name and address of the party making the application;\nthe name and address of the other parties to the access determination;\ndetails of the material change of circumstances the party reasonably believes has happened and the reasons why the party believes it justifies the amendment or revocation of the access determination.\ns 127A ins 2010 No. 32 s 46\n(sec.127A-ssec.1) A party to an access determination may apply to the authority for the amendment or revocation of the access determination, if the party reasonably believes— there has been a material change of circumstances since the access determination was made; and the material change of circumstances justifies the amendment or revocation of the access determination.\n(sec.127A-ssec.2) An application under subsection (1) must be in writing and state the following— the name and address of the party making the application; the name and address of the other parties to the access determination; details of the material change of circumstances the party reasonably believes has happened and the reasons why the party believes it justifies the amendment or revocation of the access determination. s 127A ins 2010 No. 32 s 46\n- (a) there has been a material change of circumstances since the access determination was made; and\n- (b) the material change of circumstances justifies the amendment or revocation of the access determination.\n- (a) the name and address of the party making the application;\n- (b) the name and address of the other parties to the access determination;\n- (c) details of the material change of circumstances the party reasonably believes has happened and the reasons why the party believes it justifies the amendment or revocation of the access determination.","sortOrder":198},{"sectionNumber":"sec.127B","sectionType":"section","heading":"Notice by authority of application for amendment or revocation","content":"### sec.127B Notice by authority of application for amendment or revocation\n\nOn receiving an application under section 127A , the authority must give a copy of the application to the other parties to the access determination.\ns 127B ins 2010 No. 32 s 46","sortOrder":199},{"sectionNumber":"sec.127C","sectionType":"section","heading":"Amendment or revocation with agreement of parties","content":"### sec.127C Amendment or revocation with agreement of parties\n\nThe authority may amend or revoke the access determination if—\nan application for the amendment or revocation has been made under section 127A ; and\nall other parties to the access determination agree with the amendment or revocation; and\nthe authority is reasonably satisfied—\nthere has been a material change of circumstances since the access determination was made; and\nthe material change of circumstances justifies the amendment or revocation; and\neither—\nfor an amendment—the requirements under section 119 are satisfied and the authority has had regard to the matters mentioned in section 120 ; or\nfor a revocation—the authority has had regard to the matters mentioned in section 120 .\nFor subsection (1) (d) , the relevant sections apply as if a reference to the making of an access determination were a reference to the making of an amendment to, or the revocation of, the access determination.\nThe authority must give written notice of the making of the amendment or revocation to all parties to the access determination.\nThe notice must state the day the amendment or revocation takes effect.\ns 127C ins 2010 No. 32 s 46\n(sec.127C-ssec.1) The authority may amend or revoke the access determination if— an application for the amendment or revocation has been made under section 127A ; and all other parties to the access determination agree with the amendment or revocation; and the authority is reasonably satisfied— there has been a material change of circumstances since the access determination was made; and the material change of circumstances justifies the amendment or revocation; and either— for an amendment—the requirements under section 119 are satisfied and the authority has had regard to the matters mentioned in section 120 ; or for a revocation—the authority has had regard to the matters mentioned in section 120 .\n(sec.127C-ssec.2) For subsection (1) (d) , the relevant sections apply as if a reference to the making of an access determination were a reference to the making of an amendment to, or the revocation of, the access determination.\n(sec.127C-ssec.3) The authority must give written notice of the making of the amendment or revocation to all parties to the access determination.\n(sec.127C-ssec.4) The notice must state the day the amendment or revocation takes effect.\n- (a) an application for the amendment or revocation has been made under section 127A ; and\n- (b) all other parties to the access determination agree with the amendment or revocation; and\n- (c) the authority is reasonably satisfied— (i) there has been a material change of circumstances since the access determination was made; and (ii) the material change of circumstances justifies the amendment or revocation; and\n- (i) there has been a material change of circumstances since the access determination was made; and\n- (ii) the material change of circumstances justifies the amendment or revocation; and\n- (d) either— (i) for an amendment—the requirements under section 119 are satisfied and the authority has had regard to the matters mentioned in section 120 ; or (ii) for a revocation—the authority has had regard to the matters mentioned in section 120 .\n- (i) for an amendment—the requirements under section 119 are satisfied and the authority has had regard to the matters mentioned in section 120 ; or\n- (ii) for a revocation—the authority has had regard to the matters mentioned in section 120 .\n- (i) there has been a material change of circumstances since the access determination was made; and\n- (ii) the material change of circumstances justifies the amendment or revocation; and\n- (i) for an amendment—the requirements under section 119 are satisfied and the authority has had regard to the matters mentioned in section 120 ; or\n- (ii) for a revocation—the authority has had regard to the matters mentioned in section 120 .","sortOrder":200},{"sectionNumber":"sec.127D","sectionType":"section","heading":"Arbitration of dispute about amendment or revocation of access determination","content":"### sec.127D Arbitration of dispute about amendment or revocation of access determination\n\nThis section applies if—\na party to an access determination has made an application under section 127A ; and\nanother party (the disputing party ) to the access determination does not agree with the amendment or revocation of the access determination applied for.\nThe disputing party may give written notice to the authority that an access dispute exists.\nOn receiving a notice under subsection (2) , the authority must give written notice of the access dispute to all other parties to the access determination.\nSubject to subsection (6) , the authority must make a written determination (a subdivision 4 determination ) in an arbitration on the amendment or revocation of the access determination.\nWithout limiting subsection (7) , the authority may make a subdivision 4 determination that amends or revokes the access determination only if the authority is reasonably satisfied—\nthere has been a material change of circumstances since the access determination was made; and\nthe material change of circumstances justifies the amendment or revocation.\nAt any time before the authority makes a subdivision 4 determination—\nthe party who made the application under section 127A may withdraw it; or\nthe disputing party may give the authority written notice stating that the disputing party withdraws the notice given under subsection (2) and agrees with the amendment or revocation applied for.\nSections 117 (5) to (7) , 117A to 123 apply to the arbitration of the access dispute by the authority as if—\na subdivision 4 determination were an access determination; and\na notice given under subsection (2) were an access dispute notice.\nFor subsection (7) , section 122 applies as if the following were substituted for paragraph (c) —\nno material change of circumstances has happened since the access determination was made.’.\ns 127D ins 2010 No. 32 s 46\n(sec.127D-ssec.1) This section applies if— a party to an access determination has made an application under section 127A ; and another party (the disputing party ) to the access determination does not agree with the amendment or revocation of the access determination applied for.\n(sec.127D-ssec.2) The disputing party may give written notice to the authority that an access dispute exists.\n(sec.127D-ssec.3) On receiving a notice under subsection (2) , the authority must give written notice of the access dispute to all other parties to the access determination.\n(sec.127D-ssec.4) Subject to subsection (6) , the authority must make a written determination (a subdivision 4 determination ) in an arbitration on the amendment or revocation of the access determination.\n(sec.127D-ssec.5) Without limiting subsection (7) , the authority may make a subdivision 4 determination that amends or revokes the access determination only if the authority is reasonably satisfied— there has been a material change of circumstances since the access determination was made; and the material change of circumstances justifies the amendment or revocation.\n(sec.127D-ssec.6) At any time before the authority makes a subdivision 4 determination— the party who made the application under section 127A may withdraw it; or the disputing party may give the authority written notice stating that the disputing party withdraws the notice given under subsection (2) and agrees with the amendment or revocation applied for.\n(sec.127D-ssec.7) Sections 117 (5) to (7) , 117A to 123 apply to the arbitration of the access dispute by the authority as if— a subdivision 4 determination were an access determination; and a notice given under subsection (2) were an access dispute notice.\n(sec.127D-ssec.8) For subsection (7) , section 122 applies as if the following were substituted for paragraph (c) — no material change of circumstances has happened since the access determination was made.’. s 127D ins 2010 No. 32 s 46\n- (a) a party to an access determination has made an application under section 127A ; and\n- (b) another party (the disputing party ) to the access determination does not agree with the amendment or revocation of the access determination applied for.\n- (a) there has been a material change of circumstances since the access determination was made; and\n- (b) the material change of circumstances justifies the amendment or revocation.\n- (a) the party who made the application under section 127A may withdraw it; or\n- (b) the disputing party may give the authority written notice stating that the disputing party withdraws the notice given under subsection (2) and agrees with the amendment or revocation applied for.\n- (a) a subdivision 4 determination were an access determination; and\n- (b) a notice given under subsection (2) were an access dispute notice.\n- ‘(c) no material change of circumstances has happened since the access determination was made.’.","sortOrder":201},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Access codes for declared services","content":"## Access codes for declared services","sortOrder":202},{"sectionNumber":"sec.128","sectionType":"section","heading":"Making codes","content":"### sec.128 Making codes\n\nThe Minister may make codes for this Act for declared services.\nBefore making a code, the Minister—\nmust publish the proposed code and invite persons to make submissions on it to the Minister within the reasonable time stated by the Minister; and\nmust ask the authority to give the Minister information and advice about the code or its contents the authority considers appropriate; and\nmay ask the authority to give the Minister information and advice about a stated matter relating to the code or its contents.\nIn making a code, the Minister must have regard to—\nany submissions about the proposed code received by the Minister within the time stated by the Minister for subsection (2) (a) ; and\nany information or advice given to the Minister by the authority.\nThe Minister may make a code only if the Minister considers it appropriate to do so having regard to—\nthe matters mentioned in section 138 (2) (a) to (g) ; and\nany other matters the Minister considers relevant.\ns 128 amd 2000 No. 15 s 33 ; 2010 No. 32 s 47 ; 2013 No. 39 s 43 sch 1\n(sec.128-ssec.1) The Minister may make codes for this Act for declared services.\n(sec.128-ssec.2) Before making a code, the Minister— must publish the proposed code and invite persons to make submissions on it to the Minister within the reasonable time stated by the Minister; and must ask the authority to give the Minister information and advice about the code or its contents the authority considers appropriate; and may ask the authority to give the Minister information and advice about a stated matter relating to the code or its contents.\n(sec.128-ssec.3) In making a code, the Minister must have regard to— any submissions about the proposed code received by the Minister within the time stated by the Minister for subsection (2) (a) ; and any information or advice given to the Minister by the authority.\n(sec.128-ssec.4) The Minister may make a code only if the Minister considers it appropriate to do so having regard to— the matters mentioned in section 138 (2) (a) to (g) ; and any other matters the Minister considers relevant.\n- (a) must publish the proposed code and invite persons to make submissions on it to the Minister within the reasonable time stated by the Minister; and\n- (b) must ask the authority to give the Minister information and advice about the code or its contents the authority considers appropriate; and\n- (c) may ask the authority to give the Minister information and advice about a stated matter relating to the code or its contents.\n- (a) any submissions about the proposed code received by the Minister within the time stated by the Minister for subsection (2) (a) ; and\n- (b) any information or advice given to the Minister by the authority.\n- (a) the matters mentioned in section 138 (2) (a) to (g) ; and\n- (b) any other matters the Minister considers relevant.","sortOrder":203},{"sectionNumber":"sec.129","sectionType":"section","heading":"Status of codes","content":"### sec.129 Status of codes\n\nA code is subordinate legislation under the Statutory Instruments Act 1992 .","sortOrder":204},{"sectionNumber":"sec.130","sectionType":"section","heading":"Purpose and contents of codes","content":"### sec.130 Purpose and contents of codes\n\nThe purpose of a code is to set out rules that apply for access to the declared service covered by the code.\nFor subsection (1) , a code may provide for any issue about access to a declared service.\nIn particular, a code may provide for the following—\nrequirements for the safe operation of the facility;\nconduct constituting a hindrance to access to the service;\narrangements to be made by the owner or operator of a declared service to separate the owner’s, or operator’s, operations relating to the service from other operations of the owner or operator relating to another commercial activity;\narrangements for the transfer of all or part of the interest of a user of the service under an access agreement;\nany issue that is necessary or desirable in the public interest.\ns 130 amd 1997 No. 77 s 90 ; 2005 No. 37 s 11\n(sec.130-ssec.1) The purpose of a code is to set out rules that apply for access to the declared service covered by the code.\n(sec.130-ssec.2) For subsection (1) , a code may provide for any issue about access to a declared service.\n(sec.130-ssec.3) In particular, a code may provide for the following— requirements for the safe operation of the facility; conduct constituting a hindrance to access to the service; arrangements to be made by the owner or operator of a declared service to separate the owner’s, or operator’s, operations relating to the service from other operations of the owner or operator relating to another commercial activity; arrangements for the transfer of all or part of the interest of a user of the service under an access agreement; any issue that is necessary or desirable in the public interest.\n- (a) requirements for the safe operation of the facility;\n- (b) conduct constituting a hindrance to access to the service;\n- (c) arrangements to be made by the owner or operator of a declared service to separate the owner’s, or operator’s, operations relating to the service from other operations of the owner or operator relating to another commercial activity;\n- (ca) arrangements for the transfer of all or part of the interest of a user of the service under an access agreement;\n- (d) any issue that is necessary or desirable in the public interest.","sortOrder":205},{"sectionNumber":"sec.131","sectionType":"section","heading":"Expiry of codes","content":"### sec.131 Expiry of codes\n\nA code must state the expiry date of the code.\nThe expiry date of a code must not be later than 10 years after the day of its making.\n(sec.131-ssec.1) A code must state the expiry date of the code.\n(sec.131-ssec.2) The expiry date of a code must not be later than 10 years after the day of its making.","sortOrder":206},{"sectionNumber":"sec.132","sectionType":"section","heading":"Period of operation of access codes","content":"### sec.132 Period of operation of access codes\n\nAn access code continues in operation until its expiry day, unless it is earlier revoked.","sortOrder":207},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Access undertakings for declared and non-declared services","content":"## Access undertakings for declared and non-declared services","sortOrder":208},{"sectionNumber":"sec.133","sectionType":"section","heading":"Requirement of owner or operator to give draft access undertaking","content":"### sec.133 Requirement of owner or operator to give draft access undertaking\n\nThe authority may, by written notice (an initial undertaking notice ) given to an owner or operator of a declared service, require the owner or operator to give the authority a draft access undertaking for the service—\nwithin 90 days after receiving the notice; or\nif the authority extends, or further extends, the period by written notice given to the owner or operator in the period or extended period—within the period as extended.\nWithout limiting the matters that may be dealt with in an access undertaking, the requirement may relate to the matters mentioned in section 137 (2) .\ns 133 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 12\n(sec.133-ssec.1) The authority may, by written notice (an initial undertaking notice ) given to an owner or operator of a declared service, require the owner or operator to give the authority a draft access undertaking for the service— within 90 days after receiving the notice; or if the authority extends, or further extends, the period by written notice given to the owner or operator in the period or extended period—within the period as extended.\n(sec.133-ssec.2) Without limiting the matters that may be dealt with in an access undertaking, the requirement may relate to the matters mentioned in section 137 (2) .\n- (a) within 90 days after receiving the notice; or\n- (b) if the authority extends, or further extends, the period by written notice given to the owner or operator in the period or extended period—within the period as extended.","sortOrder":209},{"sectionNumber":"sec.133A","sectionType":"section","heading":"Criteria for choosing entity to give draft access undertaking","content":"### sec.133A Criteria for choosing entity to give draft access undertaking\n\nThis section applies if the owner and operator of a declared service are different entities.\nIn deciding which of the entities to give an initial undertaking notice to, the authority may have regard to the following—\nthe terms of any contract about the service to which the entities are parties;\nthe extent to which each entity is able to provide access to the service;\nthe extent to which each entity is able to give effect to an access undertaking for the service;\nany written representations made to it by the entities.\ns 133A ins 2005 No. 37 s 13\n(sec.133A-ssec.1) This section applies if the owner and operator of a declared service are different entities.\n(sec.133A-ssec.2) In deciding which of the entities to give an initial undertaking notice to, the authority may have regard to the following— the terms of any contract about the service to which the entities are parties; the extent to which each entity is able to provide access to the service; the extent to which each entity is able to give effect to an access undertaking for the service; any written representations made to it by the entities.\n- (a) the terms of any contract about the service to which the entities are parties;\n- (b) the extent to which each entity is able to provide access to the service;\n- (c) the extent to which each entity is able to give effect to an access undertaking for the service;\n- (d) any written representations made to it by the entities.","sortOrder":210},{"sectionNumber":"sec.133B","sectionType":"section","heading":"Requirement to give information or document","content":"### sec.133B Requirement to give information or document\n\nThe authority may by written notice given to an entity mentioned in section 133A (1) require the entity to give the authority, within a reasonable time of at least 14 days stated in the notice, information or a document the authority reasonably requires to have proper regard to the criteria mentioned in section 133A (2) .\nThe entity must comply with the requirement within the time stated in the notice, unless the entity has a reasonable excuse.\nMaximum penalty—500 penalty units or 6 months imprisonment.\ns 133B ins 2005 No. 37 s 13\n(sec.133B-ssec.1) The authority may by written notice given to an entity mentioned in section 133A (1) require the entity to give the authority, within a reasonable time of at least 14 days stated in the notice, information or a document the authority reasonably requires to have proper regard to the criteria mentioned in section 133A (2) .\n(sec.133B-ssec.2) The entity must comply with the requirement within the time stated in the notice, unless the entity has a reasonable excuse. Maximum penalty—500 penalty units or 6 months imprisonment.","sortOrder":211},{"sectionNumber":"sec.134","sectionType":"section","heading":"Consideration and approval of draft access undertaking by authority","content":"### sec.134 Consideration and approval of draft access undertaking by authority\n\nThe authority must consider a draft access undertaking given to it in response to an initial undertaking notice and either approve, or refuse to approve, the draft access undertaking.\nIf the authority refuses to approve the draft access undertaking, it must give the owner or operator a written notice (a secondary undertaking notice ) stating the reasons for the refusal and asking the owner or operator to—\namend the draft access undertaking in the way the authority considers appropriate; and\ngive the authority a copy of the amended draft access undertaking within—\n60 days of receiving the notice; or\nif the period is extended under subsection (2A) —the extended period.\nThe authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the owner or operator a written notice stating the day the extended period ends.\nThe day stated in a notice under subsection (2A) must be no later than 90 days after the owner or operator received the secondary undertaking notice.\nIf the owner or operator complies with the secondary undertaking notice, the authority may approve the draft access undertaking.\ns 134 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 14 ; 2008 No. 35 s 47 ; 2010 No. 32 s 48\n(sec.134-ssec.1) The authority must consider a draft access undertaking given to it in response to an initial undertaking notice and either approve, or refuse to approve, the draft access undertaking.\n(sec.134-ssec.2) If the authority refuses to approve the draft access undertaking, it must give the owner or operator a written notice (a secondary undertaking notice ) stating the reasons for the refusal and asking the owner or operator to— amend the draft access undertaking in the way the authority considers appropriate; and give the authority a copy of the amended draft access undertaking within— 60 days of receiving the notice; or if the period is extended under subsection (2A) —the extended period.\n(sec.134-ssec.2A) The authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the owner or operator a written notice stating the day the extended period ends.\n(sec.134-ssec.2B) The day stated in a notice under subsection (2A) must be no later than 90 days after the owner or operator received the secondary undertaking notice.\n(sec.134-ssec.3) If the owner or operator complies with the secondary undertaking notice, the authority may approve the draft access undertaking.\n- (a) amend the draft access undertaking in the way the authority considers appropriate; and\n- (b) give the authority a copy of the amended draft access undertaking within— (i) 60 days of receiving the notice; or (ii) if the period is extended under subsection (2A) —the extended period.\n- (i) 60 days of receiving the notice; or\n- (ii) if the period is extended under subsection (2A) —the extended period.\n- (i) 60 days of receiving the notice; or\n- (ii) if the period is extended under subsection (2A) —the extended period.","sortOrder":212},{"sectionNumber":"sec.135","sectionType":"section","heading":"Preparation and approval of draft access undertaking by authority","content":"### sec.135 Preparation and approval of draft access undertaking by authority\n\nIf an owner or operator of a declared service does not comply with an initial or secondary undertaking notice, the authority may prepare, and approve, a draft access undertaking for the declared service in relation to the owner or operator.\ns 135 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 15","sortOrder":213},{"sectionNumber":"sec.136","sectionType":"section","heading":"Submission and approval of voluntary draft access undertaking","content":"### sec.136 Submission and approval of voluntary draft access undertaking\n\nAn owner or operator of a declared service may, without receiving an initial undertaking notice, give a draft access undertaking to the authority.\nAn owner or operator of a service that is not a declared service may give a draft access undertaking to the authority.\nA person who expects to be the owner or operator of a service (whether or not the service is a declared service) may give a draft access undertaking to the authority.\nThe authority must consider a draft access undertaking given to it under this section and either approve, or refuse to approve, the draft access undertaking.\nIf the authority refuses to approve the draft access undertaking, it must give to the person who gave the draft access undertaking to the authority a written notice stating—\nthe reasons for the refusal; and\nthe way in which the authority considers it is appropriate to amend the draft access undertaking.\ns 136 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 16\n(sec.136-ssec.1) An owner or operator of a declared service may, without receiving an initial undertaking notice, give a draft access undertaking to the authority.\n(sec.136-ssec.2) An owner or operator of a service that is not a declared service may give a draft access undertaking to the authority.\n(sec.136-ssec.3) A person who expects to be the owner or operator of a service (whether or not the service is a declared service) may give a draft access undertaking to the authority.\n(sec.136-ssec.4) The authority must consider a draft access undertaking given to it under this section and either approve, or refuse to approve, the draft access undertaking.\n(sec.136-ssec.5) If the authority refuses to approve the draft access undertaking, it must give to the person who gave the draft access undertaking to the authority a written notice stating— the reasons for the refusal; and the way in which the authority considers it is appropriate to amend the draft access undertaking.\n- (a) the reasons for the refusal; and\n- (b) the way in which the authority considers it is appropriate to amend the draft access undertaking.","sortOrder":214},{"sectionNumber":"sec.136A","sectionType":"section","heading":"Compulsory amendment of draft access undertaking for declared service given voluntarily","content":"### sec.136A Compulsory amendment of draft access undertaking for declared service given voluntarily\n\nThis section applies if—\na following person (the relevant person ) gives a draft access undertaking for a declared service to the authority under section 136 —\nthe owner or operator of the declared service;\na person who expects to be the owner or operator of the declared service; and\nthe authority refuses to approve the draft access undertaking mentioned in paragraph (a) ; and\nthe authority has previously refused to approve a draft access undertaking given to it under section 136 by the relevant person.\nThe notice given to the relevant person under section 136 (5) may include a request for the relevant person to—\namend the draft access undertaking mentioned in subsection (1) (a) in the way the authority considers appropriate; and\ngive the authority a copy of the amended draft access undertaking within—\n60 days of receiving the notice; or\nif the period is extended under subsection (3) —the extended period.\nThe authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the relevant person a written notice stating the day the extended period ends.\nThe day stated in a notice under subsection (3) must be no later than 90 days after the relevant person received the notice given under section 136 (5) .\nIf the relevant person complies with a request under subsection (2) , the authority may approve the draft access undertaking.\nIf the relevant person does not comply with a request under subsection (2) , the authority may prepare, and approve, a draft access undertaking for the service in relation to the relevant person.\ns 136A ins 2010 No. 32 s 49\n(sec.136A-ssec.1) This section applies if— a following person (the relevant person ) gives a draft access undertaking for a declared service to the authority under section 136 — the owner or operator of the declared service; a person who expects to be the owner or operator of the declared service; and the authority refuses to approve the draft access undertaking mentioned in paragraph (a) ; and the authority has previously refused to approve a draft access undertaking given to it under section 136 by the relevant person.\n(sec.136A-ssec.2) The notice given to the relevant person under section 136 (5) may include a request for the relevant person to— amend the draft access undertaking mentioned in subsection (1) (a) in the way the authority considers appropriate; and give the authority a copy of the amended draft access undertaking within— 60 days of receiving the notice; or if the period is extended under subsection (3) —the extended period.\n(sec.136A-ssec.3) The authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the relevant person a written notice stating the day the extended period ends.\n(sec.136A-ssec.4) The day stated in a notice under subsection (3) must be no later than 90 days after the relevant person received the notice given under section 136 (5) .\n(sec.136A-ssec.5) If the relevant person complies with a request under subsection (2) , the authority may approve the draft access undertaking.\n(sec.136A-ssec.6) If the relevant person does not comply with a request under subsection (2) , the authority may prepare, and approve, a draft access undertaking for the service in relation to the relevant person.\n- (a) a following person (the relevant person ) gives a draft access undertaking for a declared service to the authority under section 136 — (i) the owner or operator of the declared service; (ii) a person who expects to be the owner or operator of the declared service; and\n- (i) the owner or operator of the declared service;\n- (ii) a person who expects to be the owner or operator of the declared service; and\n- (b) the authority refuses to approve the draft access undertaking mentioned in paragraph (a) ; and\n- (c) the authority has previously refused to approve a draft access undertaking given to it under section 136 by the relevant person.\n- (i) the owner or operator of the declared service;\n- (ii) a person who expects to be the owner or operator of the declared service; and\n- (a) amend the draft access undertaking mentioned in subsection (1) (a) in the way the authority considers appropriate; and\n- (b) give the authority a copy of the amended draft access undertaking within— (i) 60 days of receiving the notice; or (ii) if the period is extended under subsection (3) —the extended period.\n- (i) 60 days of receiving the notice; or\n- (ii) if the period is extended under subsection (3) —the extended period.\n- (i) 60 days of receiving the notice; or\n- (ii) if the period is extended under subsection (3) —the extended period.","sortOrder":215},{"sectionNumber":"sec.137","sectionType":"section","heading":"Contents of access undertakings","content":"### sec.137 Contents of access undertakings\n\nAn access undertaking must state the expiry date of the undertaking.\nAn access undertaking for a service owned or operated by a related access provider must include provisions for—\nidentifying, preventing and remedying conduct of the related access provider that unfairly differentiates in a material way between—\nin negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or\nin providing access to the service—users; and\npreventing the related access provider recovering, through the price of access to the service, costs that are not reasonably attributable to the provision of the service.\nAn access undertaking for a service may include details of the following—\nhow charges for access to the service are to be calculated;\ninformation to be given to access seekers;\ninformation to be given to the authority or another person;\nan obligation on the owner or operator to comply with decisions of the authority or another person about disputes about matters stated in the undertaking;\ninformation to be given to the authority about compliance with the undertaking and performance indicators stated in the undertaking;\ntime frames for giving information in the conduct of negotiations about access to the service;\nhow the spare capacity of the service is to be worked out;\narrangements for the transfer of all or part of the interest of a user of the service under an access agreement;\naccounting requirements to be satisfied by the owner or operator and a user in relation to the service or separate parts of the service;\narrangements to be made by the owner or operator to separate the owner’s, or operator’s, operations concerning the service from other operations of the owner or operator concerning another commercial activity;\nthe provision of the service to users otherwise than by the owner or operator to whom the undertaking relates;\nterms relating to extending the facility;\nrequirements for the safe operation of the facility;\nhow contributions by users to the cost of establishing or maintaining the facility will be taken into account in calculating charges for access to the service;\nprovisions to be included in access agreements in relation to the service;\nthe review of the undertaking.\nIn this section—\nmaterial way , in relation to unfair differentiation between access seekers or users, means a way that has a material adverse effect on the ability of 1 or more of the access seekers or users to compete with other access seekers or users.\ns 137 amd 1997 No. 77 s 91 ; 2000 No. 15 s 34 ; 2005 No. 37 s 17 ; 2010 No. 32 s 50\n(sec.137-ssec.1) An access undertaking must state the expiry date of the undertaking.\n(sec.137-ssec.1A) An access undertaking for a service owned or operated by a related access provider must include provisions for— identifying, preventing and remedying conduct of the related access provider that unfairly differentiates in a material way between— in negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or in providing access to the service—users; and preventing the related access provider recovering, through the price of access to the service, costs that are not reasonably attributable to the provision of the service.\n(sec.137-ssec.2) An access undertaking for a service may include details of the following— how charges for access to the service are to be calculated; information to be given to access seekers; information to be given to the authority or another person; an obligation on the owner or operator to comply with decisions of the authority or another person about disputes about matters stated in the undertaking; information to be given to the authority about compliance with the undertaking and performance indicators stated in the undertaking; time frames for giving information in the conduct of negotiations about access to the service; how the spare capacity of the service is to be worked out; arrangements for the transfer of all or part of the interest of a user of the service under an access agreement; accounting requirements to be satisfied by the owner or operator and a user in relation to the service or separate parts of the service; arrangements to be made by the owner or operator to separate the owner’s, or operator’s, operations concerning the service from other operations of the owner or operator concerning another commercial activity; the provision of the service to users otherwise than by the owner or operator to whom the undertaking relates; terms relating to extending the facility; requirements for the safe operation of the facility; how contributions by users to the cost of establishing or maintaining the facility will be taken into account in calculating charges for access to the service; provisions to be included in access agreements in relation to the service; the review of the undertaking.\n(sec.137-ssec.3) In this section— material way , in relation to unfair differentiation between access seekers or users, means a way that has a material adverse effect on the ability of 1 or more of the access seekers or users to compete with other access seekers or users.\n- (a) identifying, preventing and remedying conduct of the related access provider that unfairly differentiates in a material way between— (i) in negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or (ii) in providing access to the service—users; and\n- (i) in negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or\n- (ii) in providing access to the service—users; and\n- (b) preventing the related access provider recovering, through the price of access to the service, costs that are not reasonably attributable to the provision of the service.\n- (i) in negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or\n- (ii) in providing access to the service—users; and\n- (a) how charges for access to the service are to be calculated;\n- (b) information to be given to access seekers;\n- (ba) information to be given to the authority or another person;\n- (bb) an obligation on the owner or operator to comply with decisions of the authority or another person about disputes about matters stated in the undertaking;\n- (bc) information to be given to the authority about compliance with the undertaking and performance indicators stated in the undertaking;\n- (c) time frames for giving information in the conduct of negotiations about access to the service;\n- (d) how the spare capacity of the service is to be worked out;\n- (da) arrangements for the transfer of all or part of the interest of a user of the service under an access agreement;\n- (e) accounting requirements to be satisfied by the owner or operator and a user in relation to the service or separate parts of the service;\n- (ea) arrangements to be made by the owner or operator to separate the owner’s, or operator’s, operations concerning the service from other operations of the owner or operator concerning another commercial activity;\n- (f) the provision of the service to users otherwise than by the owner or operator to whom the undertaking relates;\n- (g) terms relating to extending the facility;\n- (h) requirements for the safe operation of the facility;\n- (i) how contributions by users to the cost of establishing or maintaining the facility will be taken into account in calculating charges for access to the service;\n- (j) provisions to be included in access agreements in relation to the service;\n- (k) the review of the undertaking.","sortOrder":216},{"sectionNumber":"sec.138","sectionType":"section","heading":"Factors affecting approval of draft access undertaking","content":"### sec.138 Factors affecting approval of draft access undertaking\n\nThis section applies to a draft access undertaking given to, or prepared by, the authority under this subdivision.\nThe authority may approve a draft access undertaking only if it considers it appropriate to do so having regard to each of the following—\nthe object of this part;\nthe legitimate business interests of the owner or operator of the service;\nif the owner and operator of the service are different entities—the legitimate business interests of the operator of the service are protected;\nthe public interest, including the public interest in having competition in markets (whether or not in Australia);\nthe interests of persons who may seek access to the service, including whether adequate provision has been made for compensation if the rights of users of the service are adversely affected;\nthe effect of excluding existing assets for pricing purposes;\nthe pricing principles mentioned in section 168A ;\nany other issues the authority considers relevant.\nHowever, the authority may approve a draft access undertaking only if—\nit is satisfied the undertaking is consistent with any access code for the service; and\nit is satisfied the undertaking is not inconsistent with a ruling relating to the service that is in effect under division 7A ; and\nit has published the undertaking and invited persons to make submissions on it to the authority within the time stated by the authority; and\nit has considered any submissions received by it within the time.\nSubsection (3) (b) applies subject to section 150K .\nThe authority may not refuse to approve a draft access undertaking only because the authority considers a minor and inconsequential amendment should be made to a particular part of the undertaking.\nIn this section—\nminor and inconsequential amendment , in relation to part of a draft access undertaking, means an amendment that, if made, would have no real effect or consequence in relation to that part of the undertaking and the undertaking as a whole.\ns 138 amd 2000 No. 15 s 35 ; 2005 No. 37 s 18 ; 2008 No. 35 s 48 ; 2010 No. 32 s 51\n(sec.138-ssec.1) This section applies to a draft access undertaking given to, or prepared by, the authority under this subdivision.\n(sec.138-ssec.2) The authority may approve a draft access undertaking only if it considers it appropriate to do so having regard to each of the following— the object of this part; the legitimate business interests of the owner or operator of the service; if the owner and operator of the service are different entities—the legitimate business interests of the operator of the service are protected; the public interest, including the public interest in having competition in markets (whether or not in Australia); the interests of persons who may seek access to the service, including whether adequate provision has been made for compensation if the rights of users of the service are adversely affected; the effect of excluding existing assets for pricing purposes; the pricing principles mentioned in section 168A ; any other issues the authority considers relevant.\n(sec.138-ssec.3) However, the authority may approve a draft access undertaking only if— it is satisfied the undertaking is consistent with any access code for the service; and it is satisfied the undertaking is not inconsistent with a ruling relating to the service that is in effect under division 7A ; and it has published the undertaking and invited persons to make submissions on it to the authority within the time stated by the authority; and it has considered any submissions received by it within the time.\n(sec.138-ssec.4) Subsection (3) (b) applies subject to section 150K .\n(sec.138-ssec.5) The authority may not refuse to approve a draft access undertaking only because the authority considers a minor and inconsequential amendment should be made to a particular part of the undertaking.\n(sec.138-ssec.6) In this section— minor and inconsequential amendment , in relation to part of a draft access undertaking, means an amendment that, if made, would have no real effect or consequence in relation to that part of the undertaking and the undertaking as a whole.\n- (a) the object of this part;\n- (b) the legitimate business interests of the owner or operator of the service;\n- (c) if the owner and operator of the service are different entities—the legitimate business interests of the operator of the service are protected;\n- (d) the public interest, including the public interest in having competition in markets (whether or not in Australia);\n- (e) the interests of persons who may seek access to the service, including whether adequate provision has been made for compensation if the rights of users of the service are adversely affected;\n- (f) the effect of excluding existing assets for pricing purposes;\n- (g) the pricing principles mentioned in section 168A ;\n- (h) any other issues the authority considers relevant.\n- (a) it is satisfied the undertaking is consistent with any access code for the service; and\n- (b) it is satisfied the undertaking is not inconsistent with a ruling relating to the service that is in effect under division 7A ; and\n- (c) it has published the undertaking and invited persons to make submissions on it to the authority within the time stated by the authority; and\n- (d) it has considered any submissions received by it within the time.","sortOrder":217},{"sectionNumber":"sec.138A","sectionType":"section","heading":"Terms of particular approved access undertakings","content":"### sec.138A Terms of particular approved access undertakings\n\nAn approved access undertaking for a service may require or permit the owner or operator of the service to do the following, in the circumstances stated in the undertaking—\ntreat access seekers differently in negotiating access agreements, or amendments to access agreements, relating to the service; or\ntreat users differently in providing access to the service.\ns 138A ins 2010 No. 32 s 52\namd 2018 No. 6 s 8\n- (a) treat access seekers differently in negotiating access agreements, or amendments to access agreements, relating to the service; or\n- (b) treat users differently in providing access to the service.","sortOrder":218},{"sectionNumber":"sec.139","sectionType":"section","heading":"Requirement of responsible person to give draft amending access undertaking","content":"### sec.139 Requirement of responsible person to give draft amending access undertaking\n\nThe authority may, by written notice (an initial amendment notice ) given to the responsible person who gave an approved access undertaking relating to a declared service, require the person to give the authority a draft access undertaking amending the approved access undertaking—\nwithin 30 days after receiving the notice; or\nif the authority extends, or further extends, the period by written notice given to the person in the period or extended period—within the period as extended.\nThe authority may make a requirement under subsection (1) only if the authority considers it is necessary to amend the approved access undertaking to make the access undertaking consistent with a provision of this Act or an access code for the service to which the access undertaking relates.\ns 139 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 19\n(sec.139-ssec.1) The authority may, by written notice (an initial amendment notice ) given to the responsible person who gave an approved access undertaking relating to a declared service, require the person to give the authority a draft access undertaking amending the approved access undertaking— within 30 days after receiving the notice; or if the authority extends, or further extends, the period by written notice given to the person in the period or extended period—within the period as extended.\n(sec.139-ssec.2) The authority may make a requirement under subsection (1) only if the authority considers it is necessary to amend the approved access undertaking to make the access undertaking consistent with a provision of this Act or an access code for the service to which the access undertaking relates.\n- (a) within 30 days after receiving the notice; or\n- (b) if the authority extends, or further extends, the period by written notice given to the person in the period or extended period—within the period as extended.","sortOrder":219},{"sectionNumber":"sec.140","sectionType":"section","heading":"Consideration and approval of draft amending access undertaking by authority","content":"### sec.140 Consideration and approval of draft amending access undertaking by authority\n\nThe authority must consider a draft access undertaking given to it in response to an initial amendment notice and either approve, or refuse to approve, the draft access undertaking.\nIf the authority refuses to approve the draft access undertaking, it must give the responsible person a written notice (a secondary amendment notice ) stating the reasons for the refusal and asking the person to—\namend the draft access undertaking in the way the authority considers appropriate; and\ngive the authority a copy of the amended draft access undertaking within—\n30 days of receiving the notice; or\nif the period is extended under subsection (2A) —the extended period.\nThe authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the responsible person a written notice stating the day the extended period ends.\nThe day stated in a notice under subsection (2A) must be no later than 60 days after the responsible person received the secondary amendment notice.\nIf the responsible person complies with the secondary amendment notice, the authority may approve the draft access undertaking.\ns 140 amd 2000 No. 15 s 2 sch ; 2008 No. 35 s 49 ; 2010 No. 32 s 53\n(sec.140-ssec.1) The authority must consider a draft access undertaking given to it in response to an initial amendment notice and either approve, or refuse to approve, the draft access undertaking.\n(sec.140-ssec.2) If the authority refuses to approve the draft access undertaking, it must give the responsible person a written notice (a secondary amendment notice ) stating the reasons for the refusal and asking the person to— amend the draft access undertaking in the way the authority considers appropriate; and give the authority a copy of the amended draft access undertaking within— 30 days of receiving the notice; or if the period is extended under subsection (2A) —the extended period.\n(sec.140-ssec.2A) The authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the responsible person a written notice stating the day the extended period ends.\n(sec.140-ssec.2B) The day stated in a notice under subsection (2A) must be no later than 60 days after the responsible person received the secondary amendment notice.\n(sec.140-ssec.3) If the responsible person complies with the secondary amendment notice, the authority may approve the draft access undertaking.\n- (a) amend the draft access undertaking in the way the authority considers appropriate; and\n- (b) give the authority a copy of the amended draft access undertaking within— (i) 30 days of receiving the notice; or (ii) if the period is extended under subsection (2A) —the extended period.\n- (i) 30 days of receiving the notice; or\n- (ii) if the period is extended under subsection (2A) —the extended period.\n- (i) 30 days of receiving the notice; or\n- (ii) if the period is extended under subsection (2A) —the extended period.","sortOrder":220},{"sectionNumber":"sec.141","sectionType":"section","heading":"Preparation and approval of draft amending access undertaking by authority","content":"### sec.141 Preparation and approval of draft amending access undertaking by authority\n\nIf the responsible person for an approved access undertaking does not comply with an initial or secondary amendment notice, the authority may prepare, and approve, a draft access undertaking amending the approved access undertaking.\ns 141 amd 2000 No. 15 s 2 sch","sortOrder":221},{"sectionNumber":"sec.142","sectionType":"section","heading":"Submission and approval of voluntary draft amending access undertaking","content":"### sec.142 Submission and approval of voluntary draft amending access undertaking\n\nThe responsible person who gave an approved access undertaking may, without receiving an initial amendment notice, give to the authority a draft access undertaking amending the approved access undertaking.\nThe authority must consider a draft access undertaking given to it under subsection (1) and either approve, or refuse to approve, the draft access undertaking.\nIf the authority refuses to approve the draft access undertaking, it must give to the responsible person a written notice stating—\nthe reasons for the refusal; and\nthe way in which the authority considers it is appropriate to amend the draft access undertaking.\nIn this section—\nresponsible person who gave an approved access undertaking includes a person who gave the access undertaking because the person expects to be the owner or operator of the service to which the access undertaking relates.\ns 142 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 20\n(sec.142-ssec.1) The responsible person who gave an approved access undertaking may, without receiving an initial amendment notice, give to the authority a draft access undertaking amending the approved access undertaking.\n(sec.142-ssec.2) The authority must consider a draft access undertaking given to it under subsection (1) and either approve, or refuse to approve, the draft access undertaking.\n(sec.142-ssec.3) If the authority refuses to approve the draft access undertaking, it must give to the responsible person a written notice stating— the reasons for the refusal; and the way in which the authority considers it is appropriate to amend the draft access undertaking.\n(sec.142-ssec.4) In this section— responsible person who gave an approved access undertaking includes a person who gave the access undertaking because the person expects to be the owner or operator of the service to which the access undertaking relates.\n- (a) the reasons for the refusal; and\n- (b) the way in which the authority considers it is appropriate to amend the draft access undertaking.","sortOrder":222},{"sectionNumber":"sec.143","sectionType":"section","heading":"Factors affecting approval of draft amending access undertaking","content":"### sec.143 Factors affecting approval of draft amending access undertaking\n\nThis section applies to the following draft access undertakings amending approved access undertakings—\na draft access undertaking given to the authority in response to an initial amendment notice (whether or not the draft access undertaking is later amended in response to a secondary amendment notice);\na draft access undertaking prepared by the authority because of the failure of a responsible person to comply with an initial or secondary amendment notice;\na draft access undertaking given to the authority by a responsible person without receiving an initial amendment notice.\nThe authority may approve a draft access undertaking only if it considers it appropriate to do so having regard to the matters mentioned in section 138 (2) .\nHowever, the authority may approve a draft access undertaking only on the conditions mentioned in section 138 (3) .\ns 143 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 21\n(sec.143-ssec.1) This section applies to the following draft access undertakings amending approved access undertakings— a draft access undertaking given to the authority in response to an initial amendment notice (whether or not the draft access undertaking is later amended in response to a secondary amendment notice); a draft access undertaking prepared by the authority because of the failure of a responsible person to comply with an initial or secondary amendment notice; a draft access undertaking given to the authority by a responsible person without receiving an initial amendment notice.\n(sec.143-ssec.2) The authority may approve a draft access undertaking only if it considers it appropriate to do so having regard to the matters mentioned in section 138 (2) .\n(sec.143-ssec.3) However, the authority may approve a draft access undertaking only on the conditions mentioned in section 138 (3) .\n- (a) a draft access undertaking given to the authority in response to an initial amendment notice (whether or not the draft access undertaking is later amended in response to a secondary amendment notice);\n- (b) a draft access undertaking prepared by the authority because of the failure of a responsible person to comply with an initial or secondary amendment notice;\n- (c) a draft access undertaking given to the authority by a responsible person without receiving an initial amendment notice.","sortOrder":223},{"sectionNumber":"sec.144","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.144 Application of sdiv 3\n\nThis subdivision applies to a draft access undertaking given to, or prepared by, the authority under subdivision 1 or 2 .\ns 144 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 22\nsub 2010 No. 32 s 54","sortOrder":224},{"sectionNumber":"sec.145","sectionType":"section","heading":"Power of authority to conduct investigation","content":"### sec.145 Power of authority to conduct investigation\n\nThe authority may conduct an investigation for preparing or approving a draft access undertaking mentioned in section 144 .\ns 145 amd 2000 No. 15 s 2 sch ; 2013 No. 39 s 18","sortOrder":225},{"sectionNumber":"sec.146","sectionType":"section","heading":"Notice of investigation","content":"### sec.146 Notice of investigation\n\nBefore starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to—\nthe owner or operator of the service, or the responsible person; and\nany other person the authority considers appropriate.\nThe notice must—\nstate the authority’s intention to conduct the investigation; and\nstate the subject matter of the investigation; and\ninvite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\nstate the authority’s address.\ns 146 amd 2005 No. 37 s 23\n(sec.146-ssec.1) Before starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to— the owner or operator of the service, or the responsible person; and any other person the authority considers appropriate.\n(sec.146-ssec.2) The notice must— state the authority’s intention to conduct the investigation; and state the subject matter of the investigation; and invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and state the authority’s address.\n- (a) the owner or operator of the service, or the responsible person; and\n- (b) any other person the authority considers appropriate.\n- (a) state the authority’s intention to conduct the investigation; and\n- (b) state the subject matter of the investigation; and\n- (c) invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\n- (d) state the authority’s address.","sortOrder":226},{"sectionNumber":"sec.147","sectionType":"section","heading":"Procedures for investigation","content":"### sec.147 Procedures for investigation\n\nPart 6 applies to an investigation under this subdivision.","sortOrder":227},{"sectionNumber":"sec.147A","sectionType":"section","heading":"Period for approving draft access undertaking","content":"### sec.147A Period for approving draft access undertaking\n\nThis section applies to a draft access undertaking, whether or not amending an approved access undertaking, given to the authority by an owner or operator of a declared service or a responsible person—\nin response to an initial undertaking notice or initial amendment notice; or\nwithout receiving an initial undertaking notice or initial amendment notice.\nThe authority must use its best endeavours to decide whether to approve, or refuse to approve, the draft access undertaking within 6 months from—\nif the authority decides, within 2 weeks from the day the undertaking was given to the authority, to conduct an investigation for making the decision—the last day of the time for making submissions stated in an investigation notice for the investigation under section 146 (2) (c) ; or\notherwise—the day that is 2 weeks from the day the undertaking was given to the authority.\nHowever, the 6 month period mentioned in subsection (2) does not include any of the following days—\nif the authority conducts an investigation for making the decision and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation—a day in the period—\nstarting on the day the notice is given to the person; and\nending on the day the person complies with the notice;\nif the authority publishes the draft access undertaking, or another document about the undertaking, and invites persons to make submissions on the undertaking or document to the authority within a stated period—a day in the period for making submissions stated by the authority;\nif the owner or operator of the service, or the responsible person, agrees to a day not being included in the 6 month period—a day agreed to by the person.\nThe authority must publish a notice on its website, while the authority is considering a draft access undertaking, stating—\nthe day the 6 month period mentioned in subsection (2) started or will start; and\nthe day the period will end; and\nfor a day not included in the period under subsection (3) —the reason the day is not included in the period.\nIf the authority fails to decide whether to approve, or refuse to approve, the draft access undertaking within the 6 month period mentioned in subsection (2) , it must, as soon as practicable after the period ends—\nprepare a written notice stating—\nthe reasons for the authority’s failure; and\ndetails about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and\npublish the notice on its website; and\ngive a copy of the notice to—\nthe owner or operator of the service, or the responsible person; and\nthe Minister.\ns 147A ins 2008 No. 35 s 50\namd 2013 No. 39 s 43 sch 1 ; 2018 No. 6 s 9\n(sec.147A-ssec.1) This section applies to a draft access undertaking, whether or not amending an approved access undertaking, given to the authority by an owner or operator of a declared service or a responsible person— in response to an initial undertaking notice or initial amendment notice; or without receiving an initial undertaking notice or initial amendment notice.\n(sec.147A-ssec.2) The authority must use its best endeavours to decide whether to approve, or refuse to approve, the draft access undertaking within 6 months from— if the authority decides, within 2 weeks from the day the undertaking was given to the authority, to conduct an investigation for making the decision—the last day of the time for making submissions stated in an investigation notice for the investigation under section 146 (2) (c) ; or otherwise—the day that is 2 weeks from the day the undertaking was given to the authority.\n(sec.147A-ssec.3) However, the 6 month period mentioned in subsection (2) does not include any of the following days— if the authority conducts an investigation for making the decision and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation—a day in the period— starting on the day the notice is given to the person; and ending on the day the person complies with the notice; if the authority publishes the draft access undertaking, or another document about the undertaking, and invites persons to make submissions on the undertaking or document to the authority within a stated period—a day in the period for making submissions stated by the authority; if the owner or operator of the service, or the responsible person, agrees to a day not being included in the 6 month period—a day agreed to by the person.\n(sec.147A-ssec.4) The authority must publish a notice on its website, while the authority is considering a draft access undertaking, stating— the day the 6 month period mentioned in subsection (2) started or will start; and the day the period will end; and for a day not included in the period under subsection (3) —the reason the day is not included in the period.\n(sec.147A-ssec.5) If the authority fails to decide whether to approve, or refuse to approve, the draft access undertaking within the 6 month period mentioned in subsection (2) , it must, as soon as practicable after the period ends— prepare a written notice stating— the reasons for the authority’s failure; and details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and publish the notice on its website; and give a copy of the notice to— the owner or operator of the service, or the responsible person; and the Minister.\n- (a) in response to an initial undertaking notice or initial amendment notice; or\n- (b) without receiving an initial undertaking notice or initial amendment notice.\n- (a) if the authority decides, within 2 weeks from the day the undertaking was given to the authority, to conduct an investigation for making the decision—the last day of the time for making submissions stated in an investigation notice for the investigation under section 146 (2) (c) ; or\n- (b) otherwise—the day that is 2 weeks from the day the undertaking was given to the authority.\n- (a) if the authority conducts an investigation for making the decision and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation—a day in the period— (i) starting on the day the notice is given to the person; and (ii) ending on the day the person complies with the notice;\n- (i) starting on the day the notice is given to the person; and\n- (ii) ending on the day the person complies with the notice;\n- (b) if the authority publishes the draft access undertaking, or another document about the undertaking, and invites persons to make submissions on the undertaking or document to the authority within a stated period—a day in the period for making submissions stated by the authority;\n- (c) if the owner or operator of the service, or the responsible person, agrees to a day not being included in the 6 month period—a day agreed to by the person.\n- (i) starting on the day the notice is given to the person; and\n- (ii) ending on the day the person complies with the notice;\n- (a) the day the 6 month period mentioned in subsection (2) started or will start; and\n- (b) the day the period will end; and\n- (c) for a day not included in the period under subsection (3) —the reason the day is not included in the period.\n- (a) prepare a written notice stating— (i) the reasons for the authority’s failure; and (ii) details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and\n- (i) the reasons for the authority’s failure; and\n- (ii) details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and\n- (b) publish the notice on its website; and\n- (c) give a copy of the notice to— (i) the owner or operator of the service, or the responsible person; and (ii) the Minister.\n- (i) the owner or operator of the service, or the responsible person; and\n- (ii) the Minister.\n- (i) the reasons for the authority’s failure; and\n- (ii) details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and\n- (i) the owner or operator of the service, or the responsible person; and\n- (ii) the Minister.","sortOrder":228},{"sectionNumber":"sec.148","sectionType":"section","heading":"Withdrawal of approved access undertaking","content":"### sec.148 Withdrawal of approved access undertaking\n\nAn approved access undertaking may be withdrawn at any time by the person who gave the relevant draft undertaking to the authority.\nThe authority may withdraw an approved access undertaking if it prepared the relevant draft undertaking.\nHowever, a withdrawal may be made only with the written agreement of—\nfor a withdrawal under subsection (1) —the authority; or\nfor a withdrawal under subsection (2) —the responsible person.\ns 148 amd 2000 No. 15 s 2 sch\n(sec.148-ssec.1) An approved access undertaking may be withdrawn at any time by the person who gave the relevant draft undertaking to the authority.\n(sec.148-ssec.2) The authority may withdraw an approved access undertaking if it prepared the relevant draft undertaking.\n(sec.148-ssec.3) However, a withdrawal may be made only with the written agreement of— for a withdrawal under subsection (1) —the authority; or for a withdrawal under subsection (2) —the responsible person.\n- (a) for a withdrawal under subsection (1) —the authority; or\n- (b) for a withdrawal under subsection (2) —the responsible person.","sortOrder":229},{"sectionNumber":"sec.149","sectionType":"section","heading":"Period of operation of approved access undertaking","content":"### sec.149 Period of operation of approved access undertaking\n\nAn approved access undertaking—\ncomes into operation at the time of approval; and\ncontinues in operation until the earlier of the following—\nthe expiry date stated in the undertaking;\nthe withdrawal of the undertaking.\ns 149 amd 2000 No. 15 s 2 sch\n- (a) comes into operation at the time of approval; and\n- (b) continues in operation until the earlier of the following— (i) the expiry date stated in the undertaking; (ii) the withdrawal of the undertaking.\n- (i) the expiry date stated in the undertaking;\n- (ii) the withdrawal of the undertaking.\n- (i) the expiry date stated in the undertaking;\n- (ii) the withdrawal of the undertaking.","sortOrder":230},{"sectionNumber":"sec.150","sectionType":"section","heading":"Register of approved access undertakings","content":"### sec.150 Register of approved access undertakings\n\nThe authority must keep a register of approved access undertakings in operation.\nThe withdrawal of an approved access undertaking must be noted in the register.\ns 150 amd 2000 No. 15 s 2 sch\n(sec.150-ssec.1) The authority must keep a register of approved access undertakings in operation.\n(sec.150-ssec.2) The withdrawal of an approved access undertaking must be noted in the register.","sortOrder":231},{"sectionNumber":"sec.150A","sectionType":"section","heading":"Obligation of responsible person to comply with approved access undertaking","content":"### sec.150A Obligation of responsible person to comply with approved access undertaking\n\nA responsible person must comply with an approved access undertaking given by, or applicable to, the responsible person.\ns 150A ins 2000 No. 15 s 36","sortOrder":232},{"sectionNumber":"sec.150AA","sectionType":"section","heading":"Requirement to give information about compliance with approved access undertaking","content":"### sec.150AA Requirement to give information about compliance with approved access undertaking\n\nThe authority may take action under this section to find out whether a responsible person is complying with section 150A in relation to an approved access undertaking.\nThe authority may, by written notice given to the responsible person, require the responsible person to give the authority, within the time (not less than 14 days) stated in the notice, stated information about the responsible person’s compliance with the approved access undertaking.\nThe responsible person must comply with the requirement within the time stated in the notice, unless the responsible person has a reasonable excuse.\nMaximum penalty—500 penalty units or 6 months imprisonment.\nA responsible person who is an individual is not required to comply with a requirement to give information if the responsible person claims on the ground of self incrimination a privilege the responsible person would be entitled to claim against giving the information were the responsible person a witness in a prosecution for an offence in the Supreme Court.\nThe authority or responsible person may apply to the Supreme Court for a determination of the validity of a claim of privilege.\ns 150AA ins 2010 No. 32 s 55\n(sec.150AA-ssec.1) The authority may take action under this section to find out whether a responsible person is complying with section 150A in relation to an approved access undertaking.\n(sec.150AA-ssec.2) The authority may, by written notice given to the responsible person, require the responsible person to give the authority, within the time (not less than 14 days) stated in the notice, stated information about the responsible person’s compliance with the approved access undertaking.\n(sec.150AA-ssec.3) The responsible person must comply with the requirement within the time stated in the notice, unless the responsible person has a reasonable excuse. Maximum penalty—500 penalty units or 6 months imprisonment.\n(sec.150AA-ssec.4) A responsible person who is an individual is not required to comply with a requirement to give information if the responsible person claims on the ground of self incrimination a privilege the responsible person would be entitled to claim against giving the information were the responsible person a witness in a prosecution for an offence in the Supreme Court.\n(sec.150AA-ssec.5) The authority or responsible person may apply to the Supreme Court for a determination of the validity of a claim of privilege.","sortOrder":233},{"sectionNumber":"pt.5-div.7A","sectionType":"division","heading":"Rulings","content":"## Rulings","sortOrder":234},{"sectionNumber":"sec.150B","sectionType":"section","heading":"Purpose of div 7A","content":"### sec.150B Purpose of div 7A\n\nThe purpose of this division is to enable the authority to make a decision, on an application made by a prescribed person, about how the authority intends to treat a matter relating to access to a service for the purpose of—\nif the service is or becomes a declared service—making access determinations relating to the service; and\ndeciding whether to approve draft access undertakings relating to the service.\ns 150B ins 2008 No. 35 s 51\n- (a) if the service is or becomes a declared service—making access determinations relating to the service; and\n- (b) deciding whether to approve draft access undertakings relating to the service.","sortOrder":235},{"sectionNumber":"sec.150C","sectionType":"section","heading":"Definitions for div 7A","content":"### sec.150C Definitions for div 7A\n\nIn this division—\napplication see section 150D (2) .\ndraft access undertaking includes a draft access undertaking amending an approved access undertaking.\nprescribed person means—\nan owner or operator of a service that is a declared service; or\nan owner or operator of a service that is not a declared service; or\na person who expects to be the owner or operator of a service, whether or not the service is a declared service.\nrelevant assumption , for a ruling, means an assumption stated under section 150F (6) (d) in the ruling notice given for the ruling.\nrelevant circumstances , for a ruling, means the circumstances stated under section 150F (6) (c) in the ruling notice given for the ruling.\nruling means a ruling made by the authority under this division about a matter relating to access to a service.\nruling notice see section 150F (5) .\ns 150C ins 2008 No. 35 s 51\n- (a) an owner or operator of a service that is a declared service; or\n- (b) an owner or operator of a service that is not a declared service; or\n- (c) a person who expects to be the owner or operator of a service, whether or not the service is a declared service.","sortOrder":236},{"sectionNumber":"sec.150D","sectionType":"section","heading":"Application for a ruling","content":"### sec.150D Application for a ruling\n\nA prescribed person may, by written notice, ask the authority to make a stated ruling relating to a relevant service for the person.\nA notice given under subsection (1) is an application for the ruling stated in it.\nThe prescribed person may, by written notice given to the authority, withdraw the application before the authority gives the person—\na ruling notice for the ruling; or\nnotice of the authority’s decision not to make the ruling.\nIn this section—\nrelevant service , for a prescribed person, means a service in relation to which the person is a prescribed person.\ns 150D ins 2008 No. 35 s 51\n(sec.150D-ssec.1) A prescribed person may, by written notice, ask the authority to make a stated ruling relating to a relevant service for the person.\n(sec.150D-ssec.2) A notice given under subsection (1) is an application for the ruling stated in it.\n(sec.150D-ssec.3) The prescribed person may, by written notice given to the authority, withdraw the application before the authority gives the person— a ruling notice for the ruling; or notice of the authority’s decision not to make the ruling.\n(sec.150D-ssec.4) In this section— relevant service , for a prescribed person, means a service in relation to which the person is a prescribed person.\n- (a) a ruling notice for the ruling; or\n- (b) notice of the authority’s decision not to make the ruling.","sortOrder":237},{"sectionNumber":"sec.150E","sectionType":"section","heading":"Authority must decide whether to make ruling","content":"### sec.150E Authority must decide whether to make ruling\n\nIf the authority receives an application for a ruling, it must—\ndecide whether to make the ruling stated in the application; and\nif it decides not to make the ruling—give written notice of its decision and the reasons for the decision to the prescribed person who applied for the ruling.\ns 150E ins 2008 No. 35 s 51\n- (a) decide whether to make the ruling stated in the application; and\n- (b) if it decides not to make the ruling—give written notice of its decision and the reasons for the decision to the prescribed person who applied for the ruling.","sortOrder":238},{"sectionNumber":"sec.150F","sectionType":"section","heading":"Requirements for making ruling","content":"### sec.150F Requirements for making ruling\n\nIf the authority receives an application for a ruling, the authority may, if the authority considers it appropriate, make the ruling stated in the application.\nHowever, the authority may make the ruling only if the authority is satisfied—\nit would not be prevented under section 119 from making an access determination consistent with the ruling; and\nit would not be prevented under section 138 (3) (a) from approving a draft access undertaking consistent with the ruling.\nIn making the ruling, the authority must—\ncomply with natural justice; and\nhave regard to the criteria stated in section 120 (1) and 138 (2) .\nIn making the ruling, the authority may make assumptions about future events or matters.\nThe authority makes the ruling by giving written notice (a ruling notice ) to the prescribed person who applied for the ruling.\nFor subsection (5) , a ruling notice must state each of the following—\nthe service to which the ruling relates;\nthe ruling and the reasons for it;\nthe circumstances relating to the service—\nexisting at the time the ruling is made; and\nconsidered by the authority to be material to the ruling;\nif the ruling is made on the basis of assumptions about future events or matters considered by the authority to be material to the ruling—the assumptions made by the authority;\nthe period for which the ruling has effect.\ns 150F ins 2008 No. 35 s 51\n(sec.150F-ssec.1) If the authority receives an application for a ruling, the authority may, if the authority considers it appropriate, make the ruling stated in the application.\n(sec.150F-ssec.2) However, the authority may make the ruling only if the authority is satisfied— it would not be prevented under section 119 from making an access determination consistent with the ruling; and it would not be prevented under section 138 (3) (a) from approving a draft access undertaking consistent with the ruling.\n(sec.150F-ssec.3) In making the ruling, the authority must— comply with natural justice; and have regard to the criteria stated in section 120 (1) and 138 (2) .\n(sec.150F-ssec.4) In making the ruling, the authority may make assumptions about future events or matters.\n(sec.150F-ssec.5) The authority makes the ruling by giving written notice (a ruling notice ) to the prescribed person who applied for the ruling.\n(sec.150F-ssec.6) For subsection (5) , a ruling notice must state each of the following— the service to which the ruling relates; the ruling and the reasons for it; the circumstances relating to the service— existing at the time the ruling is made; and considered by the authority to be material to the ruling; if the ruling is made on the basis of assumptions about future events or matters considered by the authority to be material to the ruling—the assumptions made by the authority; the period for which the ruling has effect.\n- (a) it would not be prevented under section 119 from making an access determination consistent with the ruling; and\n- (b) it would not be prevented under section 138 (3) (a) from approving a draft access undertaking consistent with the ruling.\n- (a) comply with natural justice; and\n- (b) have regard to the criteria stated in section 120 (1) and 138 (2) .\n- (a) the service to which the ruling relates;\n- (b) the ruling and the reasons for it;\n- (c) the circumstances relating to the service— (i) existing at the time the ruling is made; and (ii) considered by the authority to be material to the ruling;\n- (i) existing at the time the ruling is made; and\n- (ii) considered by the authority to be material to the ruling;\n- (d) if the ruling is made on the basis of assumptions about future events or matters considered by the authority to be material to the ruling—the assumptions made by the authority;\n- (e) the period for which the ruling has effect.\n- (i) existing at the time the ruling is made; and\n- (ii) considered by the authority to be material to the ruling;","sortOrder":239},{"sectionNumber":"sec.150G","sectionType":"section","heading":"Period for which ruling has effect","content":"### sec.150G Period for which ruling has effect\n\nA ruling has effect for the period stated under section 150F (6) (e) in the ruling notice given for the ruling.\nA ruling relating to a service does not stop having effect only because—\nwhen the ruling was made, the service was not a declared service; and\nthe service is later declared.\ns 150G ins 2008 No. 35 s 51\n(sec.150G-ssec.1) A ruling has effect for the period stated under section 150F (6) (e) in the ruling notice given for the ruling.\n(sec.150G-ssec.2) A ruling relating to a service does not stop having effect only because— when the ruling was made, the service was not a declared service; and the service is later declared.\n- (a) when the ruling was made, the service was not a declared service; and\n- (b) the service is later declared.","sortOrder":240},{"sectionNumber":"sec.150H","sectionType":"section","heading":"Authority may investigate","content":"### sec.150H Authority may investigate\n\nFor making a ruling, or deciding whether to make a ruling, the authority may conduct an investigation.\ns 150H ins 2008 No. 35 s 51","sortOrder":241},{"sectionNumber":"sec.150I","sectionType":"section","heading":"Notice of investigation","content":"### sec.150I Notice of investigation\n\nBefore starting an investigation under this division, the authority must give reasonable notice of the investigation to—\nthe prescribed person who applied for the ruling; and\nany other person the authority considers appropriate.\nThe notice must state the following—\nthe authority’s intention to conduct the investigation;\nthe subject matter of the investigation;\nan invitation for the person to whom the notice is given to make written submissions to the authority on the subject matter within the time stated in the notice;\nthe authority’s address.\ns 150I ins 2008 No. 35 s 51\n(sec.150I-ssec.1) Before starting an investigation under this division, the authority must give reasonable notice of the investigation to— the prescribed person who applied for the ruling; and any other person the authority considers appropriate.\n(sec.150I-ssec.2) The notice must state the following— the authority’s intention to conduct the investigation; the subject matter of the investigation; an invitation for the person to whom the notice is given to make written submissions to the authority on the subject matter within the time stated in the notice; the authority’s address.\n- (a) the prescribed person who applied for the ruling; and\n- (b) any other person the authority considers appropriate.\n- (a) the authority’s intention to conduct the investigation;\n- (b) the subject matter of the investigation;\n- (c) an invitation for the person to whom the notice is given to make written submissions to the authority on the subject matter within the time stated in the notice;\n- (d) the authority’s address.","sortOrder":242},{"sectionNumber":"sec.150J","sectionType":"section","heading":"Procedures for investigation","content":"### sec.150J Procedures for investigation\n\nPart 6 applies to an investigation under this division.\ns 150J ins 2008 No. 35 s 51","sortOrder":243},{"sectionNumber":"sec.150K","sectionType":"section","heading":"When a ruling does not apply","content":"### sec.150K When a ruling does not apply\n\nThis section states the circumstances in which a ruling does not apply for the purpose of—\nthe making by the authority of an access determination relating to the relevant service; or\nthe making of a decision by the authority about whether to approve a draft access undertaking relating to the relevant service.\nThe circumstances are—\ninformation used by the authority to make the ruling was false or misleading in a material particular; or\nthe circumstances relating to the service existing when the authority makes the determination or decision mentioned in subsection (1) are materially different to the relevant circumstances for the ruling; or\nif there is a relevant assumption for the ruling—the event or matter to which the assumption relates has not happened as assumed.\nThis section applies despite section 150G .\ns 150K ins 2008 No. 35 s 51\n(sec.150K-ssec.1) This section states the circumstances in which a ruling does not apply for the purpose of— the making by the authority of an access determination relating to the relevant service; or the making of a decision by the authority about whether to approve a draft access undertaking relating to the relevant service.\n(sec.150K-ssec.2) The circumstances are— information used by the authority to make the ruling was false or misleading in a material particular; or the circumstances relating to the service existing when the authority makes the determination or decision mentioned in subsection (1) are materially different to the relevant circumstances for the ruling; or if there is a relevant assumption for the ruling—the event or matter to which the assumption relates has not happened as assumed.\n(sec.150K-ssec.3) This section applies despite section 150G .\n- (a) the making by the authority of an access determination relating to the relevant service; or\n- (b) the making of a decision by the authority about whether to approve a draft access undertaking relating to the relevant service.\n- (a) information used by the authority to make the ruling was false or misleading in a material particular; or\n- (b) the circumstances relating to the service existing when the authority makes the determination or decision mentioned in subsection (1) are materially different to the relevant circumstances for the ruling; or\n- (c) if there is a relevant assumption for the ruling—the event or matter to which the assumption relates has not happened as assumed.","sortOrder":244},{"sectionNumber":"sec.150L","sectionType":"section","heading":"Costs of making a ruling","content":"### sec.150L Costs of making a ruling\n\nIn making a ruling, the authority may make any order it considers appropriate about the payment, by the prescribed person who applied for the ruling, of the costs, or part of the costs, incurred by the authority in making the ruling.\nThe costs ordered to be paid by the prescribed person may be recovered by the authority as a debt owing to the authority by the person.\nA reference in this section to making a ruling includes a reference to deciding whether to make a ruling.\nThis section applies despite section 150D (3) .\ns 150L ins 2008 No. 35 s 51\n(sec.150L-ssec.1) In making a ruling, the authority may make any order it considers appropriate about the payment, by the prescribed person who applied for the ruling, of the costs, or part of the costs, incurred by the authority in making the ruling.\n(sec.150L-ssec.2) The costs ordered to be paid by the prescribed person may be recovered by the authority as a debt owing to the authority by the person.\n(sec.150L-ssec.3) A reference in this section to making a ruling includes a reference to deciding whether to make a ruling.\n(sec.150L-ssec.4) This section applies despite section 150D (3) .","sortOrder":245},{"sectionNumber":"sec.150M","sectionType":"section","heading":"Register of rulings","content":"### sec.150M Register of rulings\n\nThe authority must keep a register of rulings that are in effect.\nThe register must include, for each ruling, details of the following—\nthe service to which the ruling relates;\nthe period for which the ruling has effect;\nthe ruling and the authority’s reasons for it;\nthe relevant circumstances for the ruling;\nany relevant assumptions for the ruling;\nthe person who applied for the ruling.\nThe details in the register of the authority’s reasons for a ruling must not include details that are likely to damage the commercial activities of the person who applied for the ruling.\ns 150M ins 2008 No. 35 s 51\n(sec.150M-ssec.1) The authority must keep a register of rulings that are in effect.\n(sec.150M-ssec.2) The register must include, for each ruling, details of the following— the service to which the ruling relates; the period for which the ruling has effect; the ruling and the authority’s reasons for it; the relevant circumstances for the ruling; any relevant assumptions for the ruling; the person who applied for the ruling.\n(sec.150M-ssec.3) The details in the register of the authority’s reasons for a ruling must not include details that are likely to damage the commercial activities of the person who applied for the ruling.\n- (a) the service to which the ruling relates;\n- (b) the period for which the ruling has effect;\n- (c) the ruling and the authority’s reasons for it;\n- (d) the relevant circumstances for the ruling;\n- (e) any relevant assumptions for the ruling;\n- (f) the person who applied for the ruling.","sortOrder":246},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Enforcement for pt 5","content":"## Enforcement for pt 5","sortOrder":247},{"sectionNumber":"sec.151","sectionType":"section","heading":"References to person involved in a contravention","content":"### sec.151 References to person involved in a contravention\n\nIn this division, a reference to a person involved in a contravention is a reference to a person who—\nhas aided, abetted, counselled or procured the contravention; or\nhas induced the contravention (whether through threats, promises or in another way); or\nhas been in any way (directly or indirectly) knowingly concerned in, or a party to, the contravention; or\nhas conspired with others to effect the contravention.\n- (a) has aided, abetted, counselled or procured the contravention; or\n- (b) has induced the contravention (whether through threats, promises or in another way); or\n- (c) has been in any way (directly or indirectly) knowingly concerned in, or a party to, the contravention; or\n- (d) has conspired with others to effect the contravention.","sortOrder":248},{"sectionNumber":"sec.152","sectionType":"section","heading":"Orders to enforce access determination","content":"### sec.152 Orders to enforce access determination\n\nThis section applies if, on the application of a party to an access determination, the court is satisfied that another party has engaged, is engaging, or proposes to engage, in conduct constituting a contravention of the determination.\nThe court may make all or any of the following orders—\nan order granting an injunction, on terms the court considers appropriate—\nrestraining the other party from engaging in the conduct; or\nif the conduct involves failing to do something—requiring the other party to do the thing;\nan order directing the other party to compensate the applicant for loss or damage suffered because of the contravention;\nanother order the court considers appropriate.\nIf the court has power under subsection (2) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the court may make any other order (including granting an injunction) it considers appropriate against any other person involved in the contravention concerned.\ns 152 amd 2000 No. 15 s 2 sch\n(sec.152-ssec.1) This section applies if, on the application of a party to an access determination, the court is satisfied that another party has engaged, is engaging, or proposes to engage, in conduct constituting a contravention of the determination.\n(sec.152-ssec.2) The court may make all or any of the following orders— an order granting an injunction, on terms the court considers appropriate— restraining the other party from engaging in the conduct; or if the conduct involves failing to do something—requiring the other party to do the thing; an order directing the other party to compensate the applicant for loss or damage suffered because of the contravention; another order the court considers appropriate.\n(sec.152-ssec.3) If the court has power under subsection (2) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the court may make any other order (including granting an injunction) it considers appropriate against any other person involved in the contravention concerned.\n- (a) an order granting an injunction, on terms the court considers appropriate— (i) restraining the other party from engaging in the conduct; or (ii) if the conduct involves failing to do something—requiring the other party to do the thing;\n- (i) restraining the other party from engaging in the conduct; or\n- (ii) if the conduct involves failing to do something—requiring the other party to do the thing;\n- (b) an order directing the other party to compensate the applicant for loss or damage suffered because of the contravention;\n- (c) another order the court considers appropriate.\n- (i) restraining the other party from engaging in the conduct; or\n- (ii) if the conduct involves failing to do something—requiring the other party to do the thing;","sortOrder":249},{"sectionNumber":"sec.153","sectionType":"section","heading":"Orders to enforce prohibitions on hindering access and unfair differentiation","content":"### sec.153 Orders to enforce prohibitions on hindering access and unfair differentiation\n\nThis section applies if, on the application of a person, the court is satisfied that another person (the obstructor ) has engaged, is engaging, or proposes to engage, in conduct constituting a contravention of section 100 (2) , 104 , 125 or 168C .\nThe court may make all or any of the following orders—\nan order granting an injunction, on terms the court considers appropriate—\nrestraining the obstructor from engaging in the conduct; or\nif the conduct involves failing to do something—requiring the obstructor to do the thing;\nan order directing the obstructor to compensate a person for loss or damage suffered by the person because of the contravention;\nanother order the court considers appropriate.\nIf the court has power under subsection (2) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the court may make any other order (including granting an injunction) it considers appropriate against any other person involved in the contravention concerned.\nThe grounds on which the court may decide not to make an order under this section include the ground that division 5 provides a more appropriate way of dealing with the issue of the applicant’s access to the service concerned.\ns 153 amd 2010 No. 32 s 56\n(sec.153-ssec.1) This section applies if, on the application of a person, the court is satisfied that another person (the obstructor ) has engaged, is engaging, or proposes to engage, in conduct constituting a contravention of section 100 (2) , 104 , 125 or 168C .\n(sec.153-ssec.2) The court may make all or any of the following orders— an order granting an injunction, on terms the court considers appropriate— restraining the obstructor from engaging in the conduct; or if the conduct involves failing to do something—requiring the obstructor to do the thing; an order directing the obstructor to compensate a person for loss or damage suffered by the person because of the contravention; another order the court considers appropriate.\n(sec.153-ssec.3) If the court has power under subsection (2) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the court may make any other order (including granting an injunction) it considers appropriate against any other person involved in the contravention concerned.\n(sec.153-ssec.4) The grounds on which the court may decide not to make an order under this section include the ground that division 5 provides a more appropriate way of dealing with the issue of the applicant’s access to the service concerned.\n- (a) an order granting an injunction, on terms the court considers appropriate— (i) restraining the obstructor from engaging in the conduct; or (ii) if the conduct involves failing to do something—requiring the obstructor to do the thing;\n- (i) restraining the obstructor from engaging in the conduct; or\n- (ii) if the conduct involves failing to do something—requiring the obstructor to do the thing;\n- (b) an order directing the obstructor to compensate a person for loss or damage suffered by the person because of the contravention;\n- (c) another order the court considers appropriate.\n- (i) restraining the obstructor from engaging in the conduct; or\n- (ii) if the conduct involves failing to do something—requiring the obstructor to do the thing;","sortOrder":250},{"sectionNumber":"sec.154","sectionType":"section","heading":"Consent injunctions","content":"### sec.154 Consent injunctions\n\nOn an application for an enforcement injunction, the court may grant the injunction by consent of all of the parties to the proceeding (whether or not the court is satisfied that the section under which the application is made applies).","sortOrder":251},{"sectionNumber":"sec.155","sectionType":"section","heading":"Interim injunctions","content":"### sec.155 Interim injunctions\n\nThe court may grant an interim injunction pending determination of an application for an enforcement injunction.\nIf the application is made by the authority, the court must not require the authority or another person, as a condition of granting an interim injunction, to give an undertaking as to damages.\n(sec.155-ssec.1) The court may grant an interim injunction pending determination of an application for an enforcement injunction.\n(sec.155-ssec.2) If the application is made by the authority, the court must not require the authority or another person, as a condition of granting an interim injunction, to give an undertaking as to damages.","sortOrder":252},{"sectionNumber":"sec.156","sectionType":"section","heading":"Factors relevant to granting restraining injunction","content":"### sec.156 Factors relevant to granting restraining injunction\n\nThe court may grant an enforcement injunction restraining a person from engaging in conduct whether or not—\nit appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\nthe person has previously engaged in conduct of that kind; or\nthere is an imminent danger of substantial damage to someone else if the person engages in conduct of that kind.\n- (a) it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) the person has previously engaged in conduct of that kind; or\n- (c) there is an imminent danger of substantial damage to someone else if the person engages in conduct of that kind.","sortOrder":253},{"sectionNumber":"sec.157","sectionType":"section","heading":"Factors relevant to granting mandatory injunction","content":"### sec.157 Factors relevant to granting mandatory injunction\n\nThe court may grant an enforcement injunction requiring a person to do a thing whether or not—\nit appears to the court that the person intends to fail again, or to continue to fail, to do the thing; or\nthe person has previously failed to do the thing; or\nthere is an imminent danger of substantial damage to someone else if the person fails to do the thing.\n- (a) it appears to the court that the person intends to fail again, or to continue to fail, to do the thing; or\n- (b) the person has previously failed to do the thing; or\n- (c) there is an imminent danger of substantial damage to someone else if the person fails to do the thing.","sortOrder":254},{"sectionNumber":"sec.158","sectionType":"section","heading":"Discharge or variation of injunction or order","content":"### sec.158 Discharge or variation of injunction or order\n\nThe court may discharge or vary an injunction or order granted or made under this division.","sortOrder":255},{"sectionNumber":"sec.158A","sectionType":"section","heading":"Orders to enforce approved access undertaking","content":"### sec.158A Orders to enforce approved access undertaking\n\nThe authority or another person may apply to the court for an order under this section concerning an approved access undertaking.\nAn application may be made only if—\nthe applicant considers a responsible person for the undertaking has breached a term of the undertaking; and\nthe applicant considers—\nfor an application made by the authority—a person’s interests have been adversely affected by the breach; or\nfor an application made by someone else—the applicant’s interests have been adversely affected by the breach.\nIf the court is satisfied the responsible person has breached a term of the undertaking, the court may make all or any of the following orders—\nan order directing the responsible person to comply with the term;\nan order directing the responsible person to compensate anyone who has suffered loss or damage because of the breach;\nanother order the court considers appropriate.\nHowever, the court may make an order only if it is satisfied—\nfor an application made by the authority—a person’s interests have been adversely affected by the breach; or\nfor an application made by someone else—the applicant’s interests have been adversely affected by the breach.\ns 158A ins 1997 No. 77 s 92\namd 2000 No. 15 s 2 sch ; 2005 No. 37 s 24\n(sec.158A-ssec.1) The authority or another person may apply to the court for an order under this section concerning an approved access undertaking.\n(sec.158A-ssec.2) An application may be made only if— the applicant considers a responsible person for the undertaking has breached a term of the undertaking; and the applicant considers— for an application made by the authority—a person’s interests have been adversely affected by the breach; or for an application made by someone else—the applicant’s interests have been adversely affected by the breach.\n(sec.158A-ssec.3) If the court is satisfied the responsible person has breached a term of the undertaking, the court may make all or any of the following orders— an order directing the responsible person to comply with the term; an order directing the responsible person to compensate anyone who has suffered loss or damage because of the breach; another order the court considers appropriate.\n(sec.158A-ssec.4) However, the court may make an order only if it is satisfied— for an application made by the authority—a person’s interests have been adversely affected by the breach; or for an application made by someone else—the applicant’s interests have been adversely affected by the breach.\n- (a) the applicant considers a responsible person for the undertaking has breached a term of the undertaking; and\n- (b) the applicant considers— (i) for an application made by the authority—a person’s interests have been adversely affected by the breach; or (ii) for an application made by someone else—the applicant’s interests have been adversely affected by the breach.\n- (i) for an application made by the authority—a person’s interests have been adversely affected by the breach; or\n- (ii) for an application made by someone else—the applicant’s interests have been adversely affected by the breach.\n- (i) for an application made by the authority—a person’s interests have been adversely affected by the breach; or\n- (ii) for an application made by someone else—the applicant’s interests have been adversely affected by the breach.\n- (a) an order directing the responsible person to comply with the term;\n- (b) an order directing the responsible person to compensate anyone who has suffered loss or damage because of the breach;\n- (c) another order the court considers appropriate.\n- (a) for an application made by the authority—a person’s interests have been adversely affected by the breach; or\n- (b) for an application made by someone else—the applicant’s interests have been adversely affected by the breach.","sortOrder":256},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Accounting procedures for declared services","content":"## Accounting procedures for declared services","sortOrder":257},{"sectionNumber":"sec.159","sectionType":"section","heading":"Preparation of cost allocation manual","content":"### sec.159 Preparation of cost allocation manual\n\nThe authority may prepare a cost allocation manual for use by the access provider of a declared service if—\nthe access provider has not prepared a cost allocation manual within 60 days of being asked to do so by the authority; or\nif the access provider has prepared a cost allocation manual within the time—the authority is not satisfied the manual adequately deals with the allocation of costs.\nThe authority may, from time to time, revise the manual.\nIn preparing or revising a manual, the authority—\nmust consult with the access provider of the declared service; and\nmay consult with any other persons it considers appropriate; and\nmust, in so far as it considers it practicable, take account of the existing accounting system of the access provider of the declared service.\ns 159 amd 2005 No. 37 s 25\n(sec.159-ssec.1) The authority may prepare a cost allocation manual for use by the access provider of a declared service if— the access provider has not prepared a cost allocation manual within 60 days of being asked to do so by the authority; or if the access provider has prepared a cost allocation manual within the time—the authority is not satisfied the manual adequately deals with the allocation of costs.\n(sec.159-ssec.2) The authority may, from time to time, revise the manual.\n(sec.159-ssec.3) In preparing or revising a manual, the authority— must consult with the access provider of the declared service; and may consult with any other persons it considers appropriate; and must, in so far as it considers it practicable, take account of the existing accounting system of the access provider of the declared service.\n- (a) the access provider has not prepared a cost allocation manual within 60 days of being asked to do so by the authority; or\n- (b) if the access provider has prepared a cost allocation manual within the time—the authority is not satisfied the manual adequately deals with the allocation of costs.\n- (a) must consult with the access provider of the declared service; and\n- (b) may consult with any other persons it considers appropriate; and\n- (c) must, in so far as it considers it practicable, take account of the existing accounting system of the access provider of the declared service.","sortOrder":258},{"sectionNumber":"sec.160","sectionType":"section","heading":"Publication and distribution of manual","content":"### sec.160 Publication and distribution of manual\n\nThe authority must—\npublish the manual and any revised manual in the way it considers appropriate; and\ngive a copy of the manual and any revised manual to the access provider of the declared service.\ns 160 amd 2005 No. 37 s 25\n- (a) publish the manual and any revised manual in the way it considers appropriate; and\n- (b) give a copy of the manual and any revised manual to the access provider of the declared service.","sortOrder":259},{"sectionNumber":"sec.161","sectionType":"section","heading":"When manual binds access provider","content":"### sec.161 When manual binds access provider\n\nThe cost allocation manual is binding on the access provider of the declared service to whom it relates from—\nthe day after a copy of the manual is received by the access provider; or\nif a later day is stated in the manual as its day of effect—the later day.\ns 161 amd 2005 No. 37 s 25\n- (a) the day after a copy of the manual is received by the access provider; or\n- (b) if a later day is stated in the manual as its day of effect—the later day.","sortOrder":260},{"sectionNumber":"sec.162","sectionType":"section","heading":"Access provider must keep books and records under manual","content":"### sec.162 Access provider must keep books and records under manual\n\nThe access provider of a declared service must—\nkeep the books of account and other records that are necessary to comply with the cost allocation manual binding on it; and\nkeep the books and records in the way required by the manual.\nMaximum penalty—500 penalty units or 6 months imprisonment.\ns 162 amd 2005 No. 37 s 26\n- (a) keep the books of account and other records that are necessary to comply with the cost allocation manual binding on it; and\n- (b) keep the books and records in the way required by the manual.","sortOrder":261},{"sectionNumber":"sec.163","sectionType":"section","heading":"Access provider to keep separate accounting records","content":"### sec.163 Access provider to keep separate accounting records\n\nThe access provider of a declared service must keep, in a form approved by the authority, accounting records for the service separately from accounting records relating to other operations of the access provider.\nMaximum penalty—500 penalty units or 6 months imprisonment.\nSubsection (1) does not apply to the access provider of a declared service until the end of—\nif paragraph (b) does not apply—the period of 6 months starting on the day the service became a declared service; or\nif the authority, by written notice given to the access provider in the period mentioned in paragraph (a) , fixes a longer period—the period fixed by the authority.\nA period fixed by the authority for subsection (2) (b) in relation to a declared service must end not later than 1 year after the day the service became a declared service.\nDespite section 239 , the authority may direct that the accounting records for the declared service be published by the access provider if the authority considers publication—\nis in the public interest; and\nwould not be likely to damage the access provider’s commercial activities.\ns 163 amd 2000 No. 15 s 37 ; 2005 No. 37 s 27\n(sec.163-ssec.1) The access provider of a declared service must keep, in a form approved by the authority, accounting records for the service separately from accounting records relating to other operations of the access provider. Maximum penalty—500 penalty units or 6 months imprisonment.\n(sec.163-ssec.2) Subsection (1) does not apply to the access provider of a declared service until the end of— if paragraph (b) does not apply—the period of 6 months starting on the day the service became a declared service; or if the authority, by written notice given to the access provider in the period mentioned in paragraph (a) , fixes a longer period—the period fixed by the authority.\n(sec.163-ssec.3) A period fixed by the authority for subsection (2) (b) in relation to a declared service must end not later than 1 year after the day the service became a declared service.\n(sec.163-ssec.4) Despite section 239 , the authority may direct that the accounting records for the declared service be published by the access provider if the authority considers publication— is in the public interest; and would not be likely to damage the access provider’s commercial activities.\n- (a) if paragraph (b) does not apply—the period of 6 months starting on the day the service became a declared service; or\n- (b) if the authority, by written notice given to the access provider in the period mentioned in paragraph (a) , fixes a longer period—the period fixed by the authority.\n- (a) is in the public interest; and\n- (b) would not be likely to damage the access provider’s commercial activities.","sortOrder":262},{"sectionNumber":"pt.5-div.10","sectionType":"division","heading":null,"content":"","sortOrder":263},{"sectionNumber":"sec.164","sectionType":"section","heading":null,"content":"### Section sec.164\n\ns 164 om 2000 No. 15 s 38","sortOrder":264},{"sectionNumber":"sec.165","sectionType":"section","heading":null,"content":"### Section sec.165\n\ns 165 om 2000 No. 15 s 38","sortOrder":265},{"sectionNumber":"sec.166","sectionType":"section","heading":null,"content":"### Section sec.166\n\ns 166 om 2000 No. 15 s 38","sortOrder":266},{"sectionNumber":"pt.5-div.11","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":267},{"sectionNumber":"sec.167","sectionType":"section","heading":"Inconsistency between Act or access code and access agreement","content":"### sec.167 Inconsistency between Act or access code and access agreement\n\nIf a provision of this Act or an access code is inconsistent with a term of an access agreement, the provision prevails and the term is void to the extent of the inconsistency.","sortOrder":268},{"sectionNumber":"sec.168","sectionType":"section","heading":"Inconsistency between access agreement and access undertaking","content":"### sec.168 Inconsistency between access agreement and access undertaking\n\nA term of an access agreement relating to a declared service is not invalid merely because it excludes, changes or restricts the application or operation of, or is otherwise inconsistent with, a provision of an approved access undertaking for the service.\ns 168 amd 2000 No. 15 s 2 sch","sortOrder":269},{"sectionNumber":"sec.168A","sectionType":"section","heading":"Pricing principles","content":"### sec.168A Pricing principles\n\nThe pricing principles in relation to the price of access to a service are that the price should—\ngenerate expected revenue for the service that is at least enough to meet the efficient costs of providing access to the service and include a return on investment commensurate with the regulatory and commercial risks involved; and\nallow for multi-part pricing and price discrimination when it aids efficiency; and\nnot allow a related access provider to set terms and conditions that discriminate in favour of the downstream operations of the access provider or a related body corporate of the access provider, except to the extent the cost of providing access to other operators is higher; and\nprovide incentives to reduce costs or otherwise improve productivity.\nThe authority must have regard to the pricing principles when it makes an access determination or decides whether to approve a draft access undertaking. See sections 120 and 138 .\ns 168A ins 2008 No. 35 s 52\namd 2010 No. 32 s 57\n- (a) generate expected revenue for the service that is at least enough to meet the efficient costs of providing access to the service and include a return on investment commensurate with the regulatory and commercial risks involved; and\n- (b) allow for multi-part pricing and price discrimination when it aids efficiency; and\n- (c) not allow a related access provider to set terms and conditions that discriminate in favour of the downstream operations of the access provider or a related body corporate of the access provider, except to the extent the cost of providing access to other operators is higher; and\n- (d) provide incentives to reduce costs or otherwise improve productivity.","sortOrder":270},{"sectionNumber":"sec.168B","sectionType":"section","heading":"Information to be considered by authority in making decisions","content":"### sec.168B Information to be considered by authority in making decisions\n\nThis section applies to the making of any of the following decisions by the authority—\na decision to make a recommendation to the Minister under section 79 , 87A or 88 ;\nan access determination;\na decision to approve, or refuse to approve, a draft access undertaking under section 134 , 136 , 140 or 142 ;\na decision about whether to make a ruling under division 7A .\nSubsection (3) applies if a person makes a submission, or gives information, ( late information ) to the authority after the period for making the submission or giving the information stated by the authority.\nThe authority may make the decision without taking late information into account if doing so is reasonable in all of the circumstances.\nFor subsection (3) , in deciding whether it is reasonable in all of the circumstances, the following factors must be taken into account—\nwhether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2) ;\nthe length, complexity and relevance of the late information;\nhow much time has elapsed since the period mentioned in subsection (2) ended;\nhow advanced the authority’s decision making process is when the late information is received.\nSubsection (6) applies if—\nthe authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and\nthe person fails to comply with the requirement.\nThe authority may make the decision on the basis of the information available to it at the time.\ns 168B ins 2010 No. 32 s 58\namd 2013 No. 39 s 43 sch 1\n(sec.168B-ssec.1) This section applies to the making of any of the following decisions by the authority— a decision to make a recommendation to the Minister under section 79 , 87A or 88 ; an access determination; a decision to approve, or refuse to approve, a draft access undertaking under section 134 , 136 , 140 or 142 ; a decision about whether to make a ruling under division 7A .\n(sec.168B-ssec.2) Subsection (3) applies if a person makes a submission, or gives information, ( late information ) to the authority after the period for making the submission or giving the information stated by the authority.\n(sec.168B-ssec.3) The authority may make the decision without taking late information into account if doing so is reasonable in all of the circumstances.\n(sec.168B-ssec.4) For subsection (3) , in deciding whether it is reasonable in all of the circumstances, the following factors must be taken into account— whether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2) ; the length, complexity and relevance of the late information; how much time has elapsed since the period mentioned in subsection (2) ended; how advanced the authority’s decision making process is when the late information is received.\n(sec.168B-ssec.5) Subsection (6) applies if— the authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and the person fails to comply with the requirement.\n(sec.168B-ssec.6) The authority may make the decision on the basis of the information available to it at the time.\n- (a) a decision to make a recommendation to the Minister under section 79 , 87A or 88 ;\n- (b) an access determination;\n- (c) a decision to approve, or refuse to approve, a draft access undertaking under section 134 , 136 , 140 or 142 ;\n- (d) a decision about whether to make a ruling under division 7A .\n- (a) whether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2) ;\n- (b) the length, complexity and relevance of the late information;\n- (c) how much time has elapsed since the period mentioned in subsection (2) ended;\n- (d) how advanced the authority’s decision making process is when the late information is received.\n- (a) the authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and\n- (b) the person fails to comply with the requirement.","sortOrder":271},{"sectionNumber":"sec.168C","sectionType":"section","heading":"Prohibition on particular treatment of users by access providers","content":"### sec.168C Prohibition on particular treatment of users by access providers\n\nIn providing access to a declared service, an access provider must not unfairly differentiate between users of the service in a way that has a material adverse effect on the ability of 1 or more of the users to compete with other users.\nProvision for enforcing compliance with subsection (1) is made in division 8 (Enforcement for pt 5 ), particularly section 153 (Orders to enforce prohibitions on hindering access and unfair differentiation).\nAn access provider does not contravene subsection (1) to the extent the different treatment is expressly required or permitted by—\nan access code or approved access undertaking for the service; or\nan access agreement to which the provider is a party; or\nan access determination to which the provider is a party.\nHowever, subsection (2) does not authorise an access provider to do anything under an access agreement or access determination to which the provider is a party if the provider is prevented from doing the thing under section 104 or 125 .\nThis section applies despite section 102 .\ns 168C ins 2010 No. 32 s 58\namd 2018 No. 6 s 10\n(sec.168C-ssec.1) In providing access to a declared service, an access provider must not unfairly differentiate between users of the service in a way that has a material adverse effect on the ability of 1 or more of the users to compete with other users. Provision for enforcing compliance with subsection (1) is made in division 8 (Enforcement for pt 5 ), particularly section 153 (Orders to enforce prohibitions on hindering access and unfair differentiation).\n(sec.168C-ssec.2) An access provider does not contravene subsection (1) to the extent the different treatment is expressly required or permitted by— an access code or approved access undertaking for the service; or an access agreement to which the provider is a party; or an access determination to which the provider is a party.\n(sec.168C-ssec.3) However, subsection (2) does not authorise an access provider to do anything under an access agreement or access determination to which the provider is a party if the provider is prevented from doing the thing under section 104 or 125 .\n(sec.168C-ssec.4) This section applies despite section 102 .\n- (a) an access code or approved access undertaking for the service; or\n- (b) an access agreement to which the provider is a party; or\n- (c) an access determination to which the provider is a party.","sortOrder":272},{"sectionNumber":"sec.169","sectionType":"section","heading":"Authority’s role for other access regimes","content":"### sec.169 Authority’s role for other access regimes\n\nSubsection (2) applies if a law of another State that establishes an access regime permits functions to be conferred on the authority for the law, in accordance with an agreement between Queensland and the State concerned.\nThe authority has the functions conferred on it in accordance with the agreement.\n(sec.169-ssec.1) Subsection (2) applies if a law of another State that establishes an access regime permits functions to be conferred on the authority for the law, in accordance with an agreement between Queensland and the State concerned.\n(sec.169-ssec.2) The authority has the functions conferred on it in accordance with the agreement.","sortOrder":273},{"sectionNumber":"sec.170","sectionType":"section","heading":"Role of bodies having functions for other access regimes","content":"### sec.170 Role of bodies having functions for other access regimes\n\nThis section applies if a law of another State—\nestablishes an access regime; and\nestablishes a body to perform functions, or confers functions on a body, for the access regime; and\npermits functions to be conferred on the authority for the law, in accordance with an agreement between Queensland and the State concerned.\nFunctions may be conferred on the body mentioned in subsection (1) (b) for this Act, in accordance with the agreement.\n(sec.170-ssec.1) This section applies if a law of another State— establishes an access regime; and establishes a body to perform functions, or confers functions on a body, for the access regime; and permits functions to be conferred on the authority for the law, in accordance with an agreement between Queensland and the State concerned.\n(sec.170-ssec.2) Functions may be conferred on the body mentioned in subsection (1) (b) for this Act, in accordance with the agreement.\n- (a) establishes an access regime; and\n- (b) establishes a body to perform functions, or confers functions on a body, for the access regime; and\n- (c) permits functions to be conferred on the authority for the law, in accordance with an agreement between Queensland and the State concerned.","sortOrder":274},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Pricing of water","content":"# Pricing of water","sortOrder":275},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":276},{"sectionNumber":"sec.170A","sectionType":"section","heading":"Application of part to partnerships and joint ventures","content":"### sec.170A Application of part to partnerships and joint ventures\n\nThis section applies if a water supplier (a water body ) is a partnership or joint venture consisting of 2 or more entities (the participants ).\nIf this part requires or permits something to be done by a water body, the thing may be done by 1 or more of the participants for the water body.\nIf a provision of this part refers to a water body doing something, the provision applies as if the provision referred to 1 or more of the participants for the water body doing the thing for the water body.\nSubsection (5) applies if—\na provision of this part requires a water body to do something, or prohibits a water body from doing something; and\na contravention of the provision is an offence.\nThe provision mentioned in subsection (4) applies as if a reference to the water body were a reference to any person responsible for the day-to-day management and control of the water body.\nSubsection (7) applies if—\na provision of this part requires a water body to do something, or prohibits a water body from doing something; and\na contravention of the provision is not an offence.\nThe provision mentioned in subsection (6) applies as if a reference to the water body were a reference to each participant for the water body and to any other person responsible for the day-to-day management and control of the water body.\ns 170A ins 2000 No. 15 s 39\namd 2010 No. 53 s 97\n(sec.170A-ssec.1) This section applies if a water supplier (a water body ) is a partnership or joint venture consisting of 2 or more entities (the participants ).\n(sec.170A-ssec.2) If this part requires or permits something to be done by a water body, the thing may be done by 1 or more of the participants for the water body.\n(sec.170A-ssec.3) If a provision of this part refers to a water body doing something, the provision applies as if the provision referred to 1 or more of the participants for the water body doing the thing for the water body.\n(sec.170A-ssec.4) Subsection (5) applies if— a provision of this part requires a water body to do something, or prohibits a water body from doing something; and a contravention of the provision is an offence.\n(sec.170A-ssec.5) The provision mentioned in subsection (4) applies as if a reference to the water body were a reference to any person responsible for the day-to-day management and control of the water body.\n(sec.170A-ssec.6) Subsection (7) applies if— a provision of this part requires a water body to do something, or prohibits a water body from doing something; and a contravention of the provision is not an offence.\n(sec.170A-ssec.7) The provision mentioned in subsection (6) applies as if a reference to the water body were a reference to each participant for the water body and to any other person responsible for the day-to-day management and control of the water body.\n- (a) a provision of this part requires a water body to do something, or prohibits a water body from doing something; and\n- (b) a contravention of the provision is an offence.\n- (a) a provision of this part requires a water body to do something, or prohibits a water body from doing something; and\n- (b) a contravention of the provision is not an offence.","sortOrder":277},{"sectionNumber":"sec.170B","sectionType":"section","heading":"Application of part to authority for purposes of giving notices","content":"### sec.170B Application of part to authority for purposes of giving notices\n\nSubsection (2) applies if this part requires or permits a notice to be given to a water supplier and the water supplier consists of 2 or more entities.\nThe notice may be given to—\nif there is a nominated entity for the water supplier—the nominated entity; or\nif the authority has requested notification of a nominated entity for the water supplier but there is no nominated entity—any 1 of the entities of which the water supplier consists.\nAn entity is the nominated entity for a water supplier consisting of 2 or more entities only if a written notice has been given to the authority in relation to the water supplier (the nominee ) and the notice contains—\nthe nominee’s name and address for receiving notices; and\na signed statement by the other entities of which the water supplier consists that the nominee is authorised by them to receive notices under this Act for all the entities of which the water supplier consists; and\na signed statement by the nominee agreeing to be the entity authorised to receive notices under this Act for all the entities of which the water supplier consists.\nFor subsection (2) (b) , the authority may request notification of a nominated entity, for a water supplier consisting of 2 or more entities, by giving a notice to each entity of which the water supplier consists asking that a written notice be given to the authority containing—\nthe name, and address for receiving notices, of 1 of the entities of which the water supplier consists (also the nominee ); and\na signed statement by the other entities comprising the water supplier that the nominee is authorised by them to receive notices under this Act for all the entities of which the water supplier consists; and\na signed statement by the nominee agreeing to be the entity authorised to receive notices under this Act for all the entities of which the water supplier consists.\ns 170B ins 2000 No. 15 s 39\namd 2010 No. 53 s 98\n(sec.170B-ssec.1) Subsection (2) applies if this part requires or permits a notice to be given to a water supplier and the water supplier consists of 2 or more entities.\n(sec.170B-ssec.2) The notice may be given to— if there is a nominated entity for the water supplier—the nominated entity; or if the authority has requested notification of a nominated entity for the water supplier but there is no nominated entity—any 1 of the entities of which the water supplier consists.\n(sec.170B-ssec.3) An entity is the nominated entity for a water supplier consisting of 2 or more entities only if a written notice has been given to the authority in relation to the water supplier (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other entities of which the water supplier consists that the nominee is authorised by them to receive notices under this Act for all the entities of which the water supplier consists; and a signed statement by the nominee agreeing to be the entity authorised to receive notices under this Act for all the entities of which the water supplier consists.\n(sec.170B-ssec.4) For subsection (2) (b) , the authority may request notification of a nominated entity, for a water supplier consisting of 2 or more entities, by giving a notice to each entity of which the water supplier consists asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 of the entities of which the water supplier consists (also the nominee ); and a signed statement by the other entities comprising the water supplier that the nominee is authorised by them to receive notices under this Act for all the entities of which the water supplier consists; and a signed statement by the nominee agreeing to be the entity authorised to receive notices under this Act for all the entities of which the water supplier consists. s 170B ins 2000 No. 15 s 39 amd 2010 No. 53 s 98\n- (a) if there is a nominated entity for the water supplier—the nominated entity; or\n- (b) if the authority has requested notification of a nominated entity for the water supplier but there is no nominated entity—any 1 of the entities of which the water supplier consists.\n- (a) the nominee’s name and address for receiving notices; and\n- (b) a signed statement by the other entities of which the water supplier consists that the nominee is authorised by them to receive notices under this Act for all the entities of which the water supplier consists; and\n- (c) a signed statement by the nominee agreeing to be the entity authorised to receive notices under this Act for all the entities of which the water supplier consists.\n- (a) the name, and address for receiving notices, of 1 of the entities of which the water supplier consists (also the nominee ); and\n- (b) a signed statement by the other entities comprising the water supplier that the nominee is authorised by them to receive notices under this Act for all the entities of which the water supplier consists; and\n- (c) a signed statement by the nominee agreeing to be the entity authorised to receive notices under this Act for all the entities of which the water supplier consists.","sortOrder":278},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Declarations and investigations of monopoly water supply activities","content":"## Declarations and investigations of monopoly water supply activities","sortOrder":279},{"sectionNumber":"sec.170C","sectionType":"section","heading":"Development of criteria","content":"### sec.170C Development of criteria\n\nWithin 6 months after the commencement of this subdivision, the authority must—\ndevelop criteria (the water supply criteria ) for use by the Minister for deciding whether to declare a candidate water supply activity to be a monopoly water supply activity; and\ngive written notice of the criteria to the Minister.\ns 170C ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n- (a) develop criteria (the water supply criteria ) for use by the Minister for deciding whether to declare a candidate water supply activity to be a monopoly water supply activity; and\n- (b) give written notice of the criteria to the Minister.","sortOrder":280},{"sectionNumber":"sec.170D","sectionType":"section","heading":"Revision of, and advice about, criteria","content":"### sec.170D Revision of, and advice about, criteria\n\nThe authority must, if requested by the Minister, and may, on its own initiative—\nrevise the water supply criteria, including the criteria as previously revised under this section; and\ngive information or advice to the Minister about the current criteria.\nThe authority must give written notice of any revised criteria to the Minister.\ns 170D ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n(sec.170D-ssec.1) The authority must, if requested by the Minister, and may, on its own initiative— revise the water supply criteria, including the criteria as previously revised under this section; and give information or advice to the Minister about the current criteria.\n(sec.170D-ssec.2) The authority must give written notice of any revised criteria to the Minister.\n- (a) revise the water supply criteria, including the criteria as previously revised under this section; and\n- (b) give information or advice to the Minister about the current criteria.","sortOrder":281},{"sectionNumber":"sec.170E","sectionType":"section","heading":"Consultation about criteria","content":"### sec.170E Consultation about criteria\n\nIn developing or revising criteria for this subdivision, the authority may consult with anyone it considers appropriate.\ns 170E ins 2000 No. 15 s 39","sortOrder":282},{"sectionNumber":"sec.170F","sectionType":"section","heading":"Publication of criteria","content":"### sec.170F Publication of criteria\n\nThe authority must publish the criteria and any revised criteria developed under this subdivision in the gazette and in any other way it considers appropriate.\ns 170F ins 2000 No. 15 s 39","sortOrder":283},{"sectionNumber":"sec.170G","sectionType":"section","heading":"Requests about declarations of monopoly water supply activities","content":"### sec.170G Requests about declarations of monopoly water supply activities\n\nA person may ask the authority to recommend that a particular candidate water supply activity be declared by the Minister to be a monopoly water supply activity.\nThe Minister may ask the authority to consider whether a particular candidate water supply activity should be declared by the Minister to be a monopoly water supply activity.\nA request under subsection (1) or (2) must be in the form approved by the authority.\nBefore the authority makes a recommendation about a request, the person or Minister may—\nwithdraw the request; or\nwith the written agreement of the authority—amend the request.\nIf a request is withdrawn, the request is taken, for this part, never to have been made.\ns 170G ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n(sec.170G-ssec.1) A person may ask the authority to recommend that a particular candidate water supply activity be declared by the Minister to be a monopoly water supply activity.\n(sec.170G-ssec.2) The Minister may ask the authority to consider whether a particular candidate water supply activity should be declared by the Minister to be a monopoly water supply activity.\n(sec.170G-ssec.3) A request under subsection (1) or (2) must be in the form approved by the authority.\n(sec.170G-ssec.4) Before the authority makes a recommendation about a request, the person or Minister may— withdraw the request; or with the written agreement of the authority—amend the request.\n(sec.170G-ssec.5) If a request is withdrawn, the request is taken, for this part, never to have been made.\n- (a) withdraw the request; or\n- (b) with the written agreement of the authority—amend the request.","sortOrder":284},{"sectionNumber":"sec.170H","sectionType":"section","heading":"Notice of request","content":"### sec.170H Notice of request\n\nThis section applies if a request under section 170G is made about a candidate water supply activity, other than by the water supplier carrying on the activity.\nThe authority must—\ntell the water supplier carrying on the activity that the authority has received the request; and\nif the request is later withdrawn or amended—immediately tell the water supplier of the withdrawal or give details of the amendment to the water supplier.\ns 170H ins 2000 No. 15 s 39\n(sec.170H-ssec.1) This section applies if a request under section 170G is made about a candidate water supply activity, other than by the water supplier carrying on the activity.\n(sec.170H-ssec.2) The authority must— tell the water supplier carrying on the activity that the authority has received the request; and if the request is later withdrawn or amended—immediately tell the water supplier of the withdrawal or give details of the amendment to the water supplier.\n- (a) tell the water supplier carrying on the activity that the authority has received the request; and\n- (b) if the request is later withdrawn or amended—immediately tell the water supplier of the withdrawal or give details of the amendment to the water supplier.","sortOrder":285},{"sectionNumber":"sec.170I","sectionType":"section","heading":"Making recommendation","content":"### sec.170I Making recommendation\n\nAfter receiving a request under section 170G , the authority must recommend to the Minister that—\nthe candidate water supply activity be declared to be a monopoly water supply activity; or\npart of the activity, that is itself a water supply activity, be declared to be a monopoly water supply activity; or\nthe activity not be declared to be a monopoly water supply activity.\nBefore making the recommendation, the authority may consult with any person it considers appropriate.\nThe authority must—\nmake the recommendation within a reasonable time after receiving the request; and\npublish the recommendation and the reasons for the recommendation in the way the authority considers appropriate.\nIf the authority makes a recommendation that a candidate water supply activity, or part of a candidate water supply activity, be declared to be a monopoly water supply activity, the authority must also recommend the period for which the declaration should operate.\nUnless the request is made by the Minister, the authority must give a copy of the request to the Minister with the recommendation.\nIf the applicant for the request is not the water supplier carrying on the activity, the authority must give the water supplier’s name to the Minister with the recommendation.\ns 170I ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n(sec.170I-ssec.1) After receiving a request under section 170G , the authority must recommend to the Minister that— the candidate water supply activity be declared to be a monopoly water supply activity; or part of the activity, that is itself a water supply activity, be declared to be a monopoly water supply activity; or the activity not be declared to be a monopoly water supply activity.\n(sec.170I-ssec.2) Before making the recommendation, the authority may consult with any person it considers appropriate.\n(sec.170I-ssec.3) The authority must— make the recommendation within a reasonable time after receiving the request; and publish the recommendation and the reasons for the recommendation in the way the authority considers appropriate.\n(sec.170I-ssec.4) If the authority makes a recommendation that a candidate water supply activity, or part of a candidate water supply activity, be declared to be a monopoly water supply activity, the authority must also recommend the period for which the declaration should operate.\n(sec.170I-ssec.5) Unless the request is made by the Minister, the authority must give a copy of the request to the Minister with the recommendation.\n(sec.170I-ssec.6) If the applicant for the request is not the water supplier carrying on the activity, the authority must give the water supplier’s name to the Minister with the recommendation.\n- (a) the candidate water supply activity be declared to be a monopoly water supply activity; or\n- (b) part of the activity, that is itself a water supply activity, be declared to be a monopoly water supply activity; or\n- (c) the activity not be declared to be a monopoly water supply activity.\n- (a) make the recommendation within a reasonable time after receiving the request; and\n- (b) publish the recommendation and the reasons for the recommendation in the way the authority considers appropriate.","sortOrder":286},{"sectionNumber":"sec.170J","sectionType":"section","heading":"Factors affecting making of recommendation","content":"### sec.170J Factors affecting making of recommendation\n\nThe authority must recommend a candidate water supply activity be declared by the Minister to be a monopoly water supply activity if the authority is satisfied about all of the water supply criteria in relation to the candidate water supply activity.\nThe authority must recommend that a candidate water supply activity not be declared by the Minister to be a monopoly water supply activity if the authority is not satisfied about all of the water supply criteria in relation to the candidate water supply activity.\nDespite subsection (1) , the authority may recommend that a candidate water supply activity not be declared by the Minister to be a monopoly water supply activity if the authority considers the request was not made in good faith or is frivolous.\nSubsection (3) does not apply to a request made by the Minister.\nDespite subsections (1) and (2) , the authority may recommend that part of a candidate water supply activity be declared by the Minister to be a monopoly water supply activity if the authority is satisfied about all of the water supply criteria for the part of the activity.\ns 170J ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n(sec.170J-ssec.1) The authority must recommend a candidate water supply activity be declared by the Minister to be a monopoly water supply activity if the authority is satisfied about all of the water supply criteria in relation to the candidate water supply activity.\n(sec.170J-ssec.2) The authority must recommend that a candidate water supply activity not be declared by the Minister to be a monopoly water supply activity if the authority is not satisfied about all of the water supply criteria in relation to the candidate water supply activity.\n(sec.170J-ssec.3) Despite subsection (1) , the authority may recommend that a candidate water supply activity not be declared by the Minister to be a monopoly water supply activity if the authority considers the request was not made in good faith or is frivolous.\n(sec.170J-ssec.4) Subsection (3) does not apply to a request made by the Minister.\n(sec.170J-ssec.5) Despite subsections (1) and (2) , the authority may recommend that part of a candidate water supply activity be declared by the Minister to be a monopoly water supply activity if the authority is satisfied about all of the water supply criteria for the part of the activity.","sortOrder":287},{"sectionNumber":"sec.170K","sectionType":"section","heading":"Power of authority to conduct investigation","content":"### sec.170K Power of authority to conduct investigation\n\nFor making a recommendation under subdivision 2 , the authority may conduct an investigation about the candidate water supply activity.\ns 170K ins 2000 No. 15 s 39","sortOrder":288},{"sectionNumber":"sec.170L","sectionType":"section","heading":"Notice of investigation","content":"### sec.170L Notice of investigation\n\nBefore starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to—\nthe water supplier carrying on the candidate water supply activity; and\nany other person the authority considers appropriate.\nThe notice must—\nstate the authority’s intention to conduct the investigation; and\nstate the name of the water supplier carrying on the activity; and\nstate the subject matter of the investigation; and\ninvite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\nstate the authority’s address.\ns 170L ins 2000 No. 15 s 39\n(sec.170L-ssec.1) Before starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to— the water supplier carrying on the candidate water supply activity; and any other person the authority considers appropriate.\n(sec.170L-ssec.2) The notice must— state the authority’s intention to conduct the investigation; and state the name of the water supplier carrying on the activity; and state the subject matter of the investigation; and invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and state the authority’s address.\n- (a) the water supplier carrying on the candidate water supply activity; and\n- (b) any other person the authority considers appropriate.\n- (a) state the authority’s intention to conduct the investigation; and\n- (b) state the name of the water supplier carrying on the activity; and\n- (c) state the subject matter of the investigation; and\n- (d) invite the person to whom the notice is given to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and\n- (e) state the authority’s address.","sortOrder":289},{"sectionNumber":"sec.170M","sectionType":"section","heading":"Procedures for investigation","content":"### sec.170M Procedures for investigation\n\nPart 6 applies to an investigation under this subdivision.\ns 170M ins 2000 No. 15 s 39","sortOrder":290},{"sectionNumber":"sec.170N","sectionType":"section","heading":"Making declarations","content":"### sec.170N Making declarations\n\nAfter receiving a declaration recommendation, the Minister must do 1 of the following—\ndeclare the candidate water supply activity to be a monopoly water supply activity;\ndeclare part of the activity, that is itself a water supply activity, to be a monopoly water supply activity;\ndecide not to declare the activity to be a monopoly water supply activity.\nIf the Minister declares the activity, or part of the activity, to be a monopoly water supply activity, the declaration must state the expiry date of the declaration.\ns 170N ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n(sec.170N-ssec.1) After receiving a declaration recommendation, the Minister must do 1 of the following— declare the candidate water supply activity to be a monopoly water supply activity; declare part of the activity, that is itself a water supply activity, to be a monopoly water supply activity; decide not to declare the activity to be a monopoly water supply activity.\n(sec.170N-ssec.2) If the Minister declares the activity, or part of the activity, to be a monopoly water supply activity, the declaration must state the expiry date of the declaration.\n- (a) declare the candidate water supply activity to be a monopoly water supply activity;\n- (b) declare part of the activity, that is itself a water supply activity, to be a monopoly water supply activity;\n- (c) decide not to declare the activity to be a monopoly water supply activity.","sortOrder":291},{"sectionNumber":"sec.170O","sectionType":"section","heading":"Notice of decision","content":"### sec.170O Notice of decision\n\nThe Minister must publish in the gazette—\nnotice of the decision to declare the candidate water supply activity in whole or in part, or not to declare the activity, to be a monopoly water supply activity; and\nthe reasons for the decision.\nAlso, as soon as practicable after making the decision, the Minister must—\nunless the request about the declaration of the activity was made by the Minister—give the designated material for the decision to the applicant; and\nif the applicant for the request about the declaration of the activity is not the water supplier carrying on the activity—give the designated material for the decision to the water supplier carrying on the activity; and\ngive to the authority a written notice stating the decision and the reasons for the decision.\nIf the Minister does not publish as required under subsection (1) within 90 days after receiving the declaration recommendation, the Minister is taken, at the end of the 90 day period—\nto have decided not to declare the activity to be a monopoly water supply activity; and\nto have published notice of the decision.\nIn this section—\ndesignated material , for a decision of the Minister to declare, or not to declare, a candidate water supply activity to be a monopoly water supply activity, means—\na copy of the declaration recommendation; and\na written notice stating the decision and the reasons for the decision.\ns 170O ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n(sec.170O-ssec.1) The Minister must publish in the gazette— notice of the decision to declare the candidate water supply activity in whole or in part, or not to declare the activity, to be a monopoly water supply activity; and the reasons for the decision.\n(sec.170O-ssec.2) Also, as soon as practicable after making the decision, the Minister must— unless the request about the declaration of the activity was made by the Minister—give the designated material for the decision to the applicant; and if the applicant for the request about the declaration of the activity is not the water supplier carrying on the activity—give the designated material for the decision to the water supplier carrying on the activity; and give to the authority a written notice stating the decision and the reasons for the decision.\n(sec.170O-ssec.3) If the Minister does not publish as required under subsection (1) within 90 days after receiving the declaration recommendation, the Minister is taken, at the end of the 90 day period— to have decided not to declare the activity to be a monopoly water supply activity; and to have published notice of the decision.\n(sec.170O-ssec.4) In this section— designated material , for a decision of the Minister to declare, or not to declare, a candidate water supply activity to be a monopoly water supply activity, means— a copy of the declaration recommendation; and a written notice stating the decision and the reasons for the decision.\n- (a) notice of the decision to declare the candidate water supply activity in whole or in part, or not to declare the activity, to be a monopoly water supply activity; and\n- (b) the reasons for the decision.\n- (a) unless the request about the declaration of the activity was made by the Minister—give the designated material for the decision to the applicant; and\n- (b) if the applicant for the request about the declaration of the activity is not the water supplier carrying on the activity—give the designated material for the decision to the water supplier carrying on the activity; and\n- (c) give to the authority a written notice stating the decision and the reasons for the decision.\n- (a) to have decided not to declare the activity to be a monopoly water supply activity; and\n- (b) to have published notice of the decision.\n- (a) a copy of the declaration recommendation; and\n- (b) a written notice stating the decision and the reasons for the decision.","sortOrder":292},{"sectionNumber":"sec.170P","sectionType":"section","heading":"Factors affecting making of declaration","content":"### sec.170P Factors affecting making of declaration\n\nThe Minister must declare a candidate water supply activity to be a monopoly water supply activity if the Minister is satisfied about all of the water supply criteria for the activity.\nThe Minister must decide not to declare a candidate water supply activity to be a monopoly water supply activity if the Minister is not satisfied about all of the water supply criteria for the activity.\nDespite subsections (1) and (2) , the Minister may declare part of a candidate water supply activity to be a monopoly water supply activity if the Minister is satisfied about all of the water supply criteria for the part of the activity.\ns 170P ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n(sec.170P-ssec.1) The Minister must declare a candidate water supply activity to be a monopoly water supply activity if the Minister is satisfied about all of the water supply criteria for the activity.\n(sec.170P-ssec.2) The Minister must decide not to declare a candidate water supply activity to be a monopoly water supply activity if the Minister is not satisfied about all of the water supply criteria for the activity.\n(sec.170P-ssec.3) Despite subsections (1) and (2) , the Minister may declare part of a candidate water supply activity to be a monopoly water supply activity if the Minister is satisfied about all of the water supply criteria for the part of the activity.","sortOrder":293},{"sectionNumber":"sec.170Q","sectionType":"section","heading":"Duration of declaration","content":"### sec.170Q Duration of declaration\n\nA declaration of a monopoly water supply activity starts to operate on—\nthe day notice of the decision to declare the activity is published in the gazette; or\nif a later day of operation is stated in the notice—the later day.\nA declaration of a monopoly water supply activity continues in operation until its expiry date, unless it is earlier revoked.\ns 170Q ins 2000 No. 15 s 39\n(sec.170Q-ssec.1) A declaration of a monopoly water supply activity starts to operate on— the day notice of the decision to declare the activity is published in the gazette; or if a later day of operation is stated in the notice—the later day.\n(sec.170Q-ssec.2) A declaration of a monopoly water supply activity continues in operation until its expiry date, unless it is earlier revoked.\n- (a) the day notice of the decision to declare the activity is published in the gazette; or\n- (b) if a later day of operation is stated in the notice—the later day.","sortOrder":294},{"sectionNumber":"sec.170QA","sectionType":"section","heading":null,"content":"### Section sec.170QA\n\ns 170QA ins 2010 No. 53 s 99\nom 2011 No. 21 s 4","sortOrder":295},{"sectionNumber":"sec.170R","sectionType":"section","heading":"Recommendation to revoke","content":"### sec.170R Recommendation to revoke\n\nThe authority may recommend to the Minister that a declaration of a monopoly water supply activity be revoked.\nWithout limiting subsection (1) , the water supplier carrying on the monopoly water supply activity may ask the authority to recommend revocation.\nThe authority may recommend revocation only if it is satisfied that, at the time of the recommendation, section 170P would prevent the Minister from declaring the relevant water supply activity to be a monopoly water supply activity.\ns 170R ins 2000 No. 15 s 39\namd 2008 No. 35 s 53 ; 2013 No. 39 s 43 sch 1\n(sec.170R-ssec.1) The authority may recommend to the Minister that a declaration of a monopoly water supply activity be revoked.\n(sec.170R-ssec.2) Without limiting subsection (1) , the water supplier carrying on the monopoly water supply activity may ask the authority to recommend revocation.\n(sec.170R-ssec.3) The authority may recommend revocation only if it is satisfied that, at the time of the recommendation, section 170P would prevent the Minister from declaring the relevant water supply activity to be a monopoly water supply activity.","sortOrder":296},{"sectionNumber":"sec.170S","sectionType":"section","heading":"Power of authority to conduct investigation","content":"### sec.170S Power of authority to conduct investigation\n\nFor making a revocation recommendation, the authority may conduct an investigation about the declared monopoly water supply activity.\ns 170S ins 2000 No. 15 s 39","sortOrder":297},{"sectionNumber":"sec.170T","sectionType":"section","heading":"Notice of investigation","content":"### sec.170T Notice of investigation\n\nBefore starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to—\nthe water supplier carrying on the monopoly water supply activity; and\nany other person the authority considers appropriate.\nThe notice must—\nstate the authority’s intention to conduct the investigation; and\nstate the subject matter of the investigation; and\ninvite the person to whom the notice is given to make a written submission to the authority on the subject matter within a reasonable time stated in the notice; and\nstate the authority’s address.\ns 170T ins 2000 No. 15 s 39\n(sec.170T-ssec.1) Before starting an investigation under this subdivision, the authority must give reasonable notice of the investigation to— the water supplier carrying on the monopoly water supply activity; and any other person the authority considers appropriate.\n(sec.170T-ssec.2) The notice must— state the authority’s intention to conduct the investigation; and state the subject matter of the investigation; and invite the person to whom the notice is given to make a written submission to the authority on the subject matter within a reasonable time stated in the notice; and state the authority’s address.\n- (a) the water supplier carrying on the monopoly water supply activity; and\n- (b) any other person the authority considers appropriate.\n- (a) state the authority’s intention to conduct the investigation; and\n- (b) state the subject matter of the investigation; and\n- (c) invite the person to whom the notice is given to make a written submission to the authority on the subject matter within a reasonable time stated in the notice; and\n- (d) state the authority’s address.","sortOrder":298},{"sectionNumber":"sec.170U","sectionType":"section","heading":"Procedures for investigation","content":"### sec.170U Procedures for investigation\n\nPart 6 applies to an investigation under this subdivision.\ns 170U ins 2000 No. 15 s 39","sortOrder":299},{"sectionNumber":"sec.170V","sectionType":"section","heading":"Revocation","content":"### sec.170V Revocation\n\nOn receiving a revocation recommendation, the Minister must either revoke the declaration of the monopoly water supply activity or decide not to revoke the declaration.\nThe Minister may revoke the declaration—\nonly after receiving a revocation recommendation; and\nonly if the Minister is satisfied that, at the time of the revocation, section 170P would prevent the Minister from declaring the relevant water supply activity to be a monopoly water supply activity.\ns 170V ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n(sec.170V-ssec.1) On receiving a revocation recommendation, the Minister must either revoke the declaration of the monopoly water supply activity or decide not to revoke the declaration.\n(sec.170V-ssec.2) The Minister may revoke the declaration— only after receiving a revocation recommendation; and only if the Minister is satisfied that, at the time of the revocation, section 170P would prevent the Minister from declaring the relevant water supply activity to be a monopoly water supply activity.\n- (a) only after receiving a revocation recommendation; and\n- (b) only if the Minister is satisfied that, at the time of the revocation, section 170P would prevent the Minister from declaring the relevant water supply activity to be a monopoly water supply activity.","sortOrder":300},{"sectionNumber":"sec.170W","sectionType":"section","heading":"Notice of decision","content":"### sec.170W Notice of decision\n\nThe Minister must publish in the gazette—\nnotice of a decision to revoke, or not to revoke, a declaration of a monopoly water supply activity; and\nthe reasons for the decision.\nAlso, as soon as practicable after making the decision, the Minister must give a written notice stating the decision and the reasons for the decision to—\nthe water supplier carrying on the activity; and\nthe authority.\ns 170W ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n(sec.170W-ssec.1) The Minister must publish in the gazette— notice of a decision to revoke, or not to revoke, a declaration of a monopoly water supply activity; and the reasons for the decision.\n(sec.170W-ssec.2) Also, as soon as practicable after making the decision, the Minister must give a written notice stating the decision and the reasons for the decision to— the water supplier carrying on the activity; and the authority.\n- (a) notice of a decision to revoke, or not to revoke, a declaration of a monopoly water supply activity; and\n- (b) the reasons for the decision.\n- (a) the water supplier carrying on the activity; and\n- (b) the authority.","sortOrder":301},{"sectionNumber":"sec.170X","sectionType":"section","heading":"When revocation takes effect","content":"### sec.170X When revocation takes effect\n\nA decision of the Minister to revoke a declaration of a monopoly water supply activity takes effect on—\nthe day notice of the decision is published in the gazette; or\nif a later day of effect is stated in the notice—the later day.\ns 170X ins 2000 No. 15 s 39\namd 2013 No. 39 s 43 sch 1\n- (a) the day notice of the decision is published in the gazette; or\n- (b) if a later day of effect is stated in the notice—the later day.","sortOrder":302},{"sectionNumber":"sec.170Y","sectionType":"section","heading":"Effect of expiry or revocation of declaration","content":"### sec.170Y Effect of expiry or revocation of declaration\n\nThe expiry or revocation of a declaration of a monopoly water supply activity does not affect the operation or enforcement of a water pricing determination that was made before the expiry or revocation.\ns 170Y ins 2000 No. 15 s 39\nsub 2010 No. 53 s 100","sortOrder":303},{"sectionNumber":"sec.170Z","sectionType":"section","heading":"Register of declarations","content":"### sec.170Z Register of declarations\n\nThe authority must keep a register of declarations of monopoly water supply activities in operation.\nThe register must include, for each declaration, details the authority considers appropriate.\ns 170Z ins 2000 No. 15 s 39\n(sec.170Z-ssec.1) The authority must keep a register of declarations of monopoly water supply activities in operation.\n(sec.170Z-ssec.2) The register must include, for each declaration, details the authority considers appropriate.","sortOrder":304},{"sectionNumber":"sec.170ZA","sectionType":"section","heading":"Definitions for sdiv 7","content":"### sec.170ZA Definitions for sdiv 7\n\nIn this subdivision—\ndetermination means a determination in writing.\nnotice means written notice.\nwater pricing determination see section 170ZB (1) .\nwater pricing period see section 170ZB (2) .\nwater pricing proposal see section 170ZC (1) .\ns 170ZA ins 2000 No. 15 s 39\namd 2008 No. 35 s 54\nsub 2010 No. 53 s 102","sortOrder":305},{"sectionNumber":"sec.170ZB","sectionType":"section","heading":"Authority must make water price determinations","content":"### sec.170ZB Authority must make water price determinations\n\nThe authority must make a determination or determinations (each a water pricing determination ) for the monopoly water supply activity of a water supplier.\nEach water pricing determination must relate to a particular period (a water pricing period ) for which the water supplier carries on the monopoly water supply activity, being the period—\nstarting on the day (a starting day ) the determination takes effect under section 170ZJ ; and\nending on a day stated in the determination.\nFor subsection (2) (a) , a water pricing determination other than the first determination must provide for the day after the expiry of the existing determination to be the day the determination takes effect under section 170ZJ .\nA water pricing determination must—\ncomply with section 170ZH ; and\nrequire the water supplier to adopt the pricing practices stated in the determination in carrying on the monopoly water supply activity; and\nstate a day by which the authority will give the water supplier a notice under section 170ZC for the next water pricing period.\nSee also subsection (7) and section 170ZC (4) for relevant time limitations.\nThe water pricing determination may impose requirements for any matter relating to the pricing practices that the authority considers appropriate.\nWithout limiting subsections (4) and (5) , the water pricing determination may state the price, or the maximum allowed revenue, at or for which the water supplier must carry on the activity.\nA water pricing determination made for a particular monopoly water supply activity at any time after the first water pricing determination is made for the activity must be made at least 1 month before the end of the existing determination.\ns 170ZB ins 2000 No. 15 s 39\nsub 2010 No. 53 s 102\n(sec.170ZB-ssec.1) The authority must make a determination or determinations (each a water pricing determination ) for the monopoly water supply activity of a water supplier.\n(sec.170ZB-ssec.2) Each water pricing determination must relate to a particular period (a water pricing period ) for which the water supplier carries on the monopoly water supply activity, being the period— starting on the day (a starting day ) the determination takes effect under section 170ZJ ; and ending on a day stated in the determination.\n(sec.170ZB-ssec.3) For subsection (2) (a) , a water pricing determination other than the first determination must provide for the day after the expiry of the existing determination to be the day the determination takes effect under section 170ZJ .\n(sec.170ZB-ssec.4) A water pricing determination must— comply with section 170ZH ; and require the water supplier to adopt the pricing practices stated in the determination in carrying on the monopoly water supply activity; and state a day by which the authority will give the water supplier a notice under section 170ZC for the next water pricing period. See also subsection (7) and section 170ZC (4) for relevant time limitations.\n(sec.170ZB-ssec.5) The water pricing determination may impose requirements for any matter relating to the pricing practices that the authority considers appropriate.\n(sec.170ZB-ssec.6) Without limiting subsections (4) and (5) , the water pricing determination may state the price, or the maximum allowed revenue, at or for which the water supplier must carry on the activity.\n(sec.170ZB-ssec.7) A water pricing determination made for a particular monopoly water supply activity at any time after the first water pricing determination is made for the activity must be made at least 1 month before the end of the existing determination.\n- (a) starting on the day (a starting day ) the determination takes effect under section 170ZJ ; and\n- (b) ending on a day stated in the determination.\n- (a) comply with section 170ZH ; and\n- (b) require the water supplier to adopt the pricing practices stated in the determination in carrying on the monopoly water supply activity; and\n- (c) state a day by which the authority will give the water supplier a notice under section 170ZC for the next water pricing period.","sortOrder":306},{"sectionNumber":"sec.170ZC","sectionType":"section","heading":"Notice of intention to make a water pricing determination","content":"### sec.170ZC Notice of intention to make a water pricing determination\n\nBefore making a water pricing determination for a monopoly water supply activity, the authority must give a notice to the water supplier—\nadvising the water supplier that it intends to make a water pricing determination for the activity for the water pricing period stated in the notice; and\ninviting the water supplier to give the authority a proposal (a water pricing proposal ) for the activity for the period.\nThe notice may require the water pricing proposal to be prepared in a form stated in the notice, including, for example, in the form of a draft water pricing determination.\nThe notice may require the water supplier to include in the water pricing proposal any information the authority considers will help it to make the water pricing determination.\nThe notice must require the water pricing proposal to be given to the authority—\nwithin a period ending on a day stated in the notice that is not less than 180 days after the notice is given; or\nif the authority extends, or further extends, the period by notice given to the water supplier in the period or extended period—within the period as extended.\nThe authority may, as mentioned in subsection (4) (b) , by notice given to the water supplier, extend or further extend the period within which the water pricing proposal must be given to the authority.\nSubsections (4) and (5) do not limit section 170ZT .\nUnder section 170ZT , the authority may require information to be given to the authority within a reasonable period of at least 14 days.\ns 170ZC ins 2000 No. 15 s 39\nsub 2010 No. 53 s 102\n(sec.170ZC-ssec.1) Before making a water pricing determination for a monopoly water supply activity, the authority must give a notice to the water supplier— advising the water supplier that it intends to make a water pricing determination for the activity for the water pricing period stated in the notice; and inviting the water supplier to give the authority a proposal (a water pricing proposal ) for the activity for the period.\n(sec.170ZC-ssec.2) The notice may require the water pricing proposal to be prepared in a form stated in the notice, including, for example, in the form of a draft water pricing determination.\n(sec.170ZC-ssec.3) The notice may require the water supplier to include in the water pricing proposal any information the authority considers will help it to make the water pricing determination.\n(sec.170ZC-ssec.4) The notice must require the water pricing proposal to be given to the authority— within a period ending on a day stated in the notice that is not less than 180 days after the notice is given; or if the authority extends, or further extends, the period by notice given to the water supplier in the period or extended period—within the period as extended.\n(sec.170ZC-ssec.5) The authority may, as mentioned in subsection (4) (b) , by notice given to the water supplier, extend or further extend the period within which the water pricing proposal must be given to the authority.\n(sec.170ZC-ssec.6) Subsections (4) and (5) do not limit section 170ZT . Under section 170ZT , the authority may require information to be given to the authority within a reasonable period of at least 14 days.\n- (a) advising the water supplier that it intends to make a water pricing determination for the activity for the water pricing period stated in the notice; and\n- (b) inviting the water supplier to give the authority a proposal (a water pricing proposal ) for the activity for the period.\n- (a) within a period ending on a day stated in the notice that is not less than 180 days after the notice is given; or\n- (b) if the authority extends, or further extends, the period by notice given to the water supplier in the period or extended period—within the period as extended.","sortOrder":307},{"sectionNumber":"sec.170ZD","sectionType":"section","heading":"When notice must be given","content":"### sec.170ZD When notice must be given\n\nA notice under section 170ZC must be given by the authority to a water supplier for a monopoly water supply activity—\nfor the first water pricing determination made for the activity—within 90 days after the monopoly water supply activity is declared; and\nfor a later water pricing determination—before the day stated in the existing water pricing determination as mentioned in section 170ZB (4) (c) .\nHowever, a requirement that purports to be made by the authority under section 170ZC is not invalid only because the notice is given later than required by subsection (1) .\ns 170ZD ins 2000 No. 15 s 39\nsub 2010 No. 53 s 102\n(sec.170ZD-ssec.1) A notice under section 170ZC must be given by the authority to a water supplier for a monopoly water supply activity— for the first water pricing determination made for the activity—within 90 days after the monopoly water supply activity is declared; and for a later water pricing determination—before the day stated in the existing water pricing determination as mentioned in section 170ZB (4) (c) .\n(sec.170ZD-ssec.2) However, a requirement that purports to be made by the authority under section 170ZC is not invalid only because the notice is given later than required by subsection (1) .\n- (a) for the first water pricing determination made for the activity—within 90 days after the monopoly water supply activity is declared; and\n- (b) for a later water pricing determination—before the day stated in the existing water pricing determination as mentioned in section 170ZB (4) (c) .","sortOrder":308},{"sectionNumber":"sec.170ZE","sectionType":"section","heading":"Draft water pricing determination","content":"### sec.170ZE Draft water pricing determination\n\nThe authority, after considering—\nany water pricing proposal given to it by the water supplier; and\nthe restrictions imposed by section 170ZH ; and\nthe matters mentioned in section 170ZI ;\nmust prepare a draft water pricing determination for the monopoly water supply activity for a water pricing period.\nThe authority must give the draft determination to the water supplier and invite the water supplier to make submissions on the draft in the way and within the period the authority considers appropriate.\nThe authority may also consult on the draft determination in any other way and with any other entity the authority considers appropriate.\ns 170ZE ins 2000 No. 15 s 39\nsub 2010 No. 53 s 102\n(sec.170ZE-ssec.1) The authority, after considering— any water pricing proposal given to it by the water supplier; and the restrictions imposed by section 170ZH ; and the matters mentioned in section 170ZI ; must prepare a draft water pricing determination for the monopoly water supply activity for a water pricing period.\n(sec.170ZE-ssec.2) The authority must give the draft determination to the water supplier and invite the water supplier to make submissions on the draft in the way and within the period the authority considers appropriate.\n(sec.170ZE-ssec.3) The authority may also consult on the draft determination in any other way and with any other entity the authority considers appropriate.\n- (a) any water pricing proposal given to it by the water supplier; and\n- (b) the restrictions imposed by section 170ZH ; and\n- (c) the matters mentioned in section 170ZI ;","sortOrder":309},{"sectionNumber":"sec.170ZF","sectionType":"section","heading":"Water pricing determination","content":"### sec.170ZF Water pricing determination\n\nAfter considering any submissions received by it under section 170ZE , the authority must make a water pricing determination for the monopoly water supply activity for the water pricing period for which the draft water pricing determination is made.\nThe authority must give in the water pricing determination its reasons for making the determination.\ns 170ZF ins 2000 No. 15 s 39\nsub 2010 No. 53 s 102\n(sec.170ZF-ssec.1) After considering any submissions received by it under section 170ZE , the authority must make a water pricing determination for the monopoly water supply activity for the water pricing period for which the draft water pricing determination is made.\n(sec.170ZF-ssec.2) The authority must give in the water pricing determination its reasons for making the determination.","sortOrder":310},{"sectionNumber":"sec.170ZG","sectionType":"section","heading":null,"content":"### Section sec.170ZG\n\ns 170ZG ins 2000 No. 15 s 39\nom 2010 No. 53 s 102","sortOrder":311},{"sectionNumber":"sec.170ZH","sectionType":"section","heading":"Restrictions affecting making of water pricing determination","content":"### sec.170ZH Restrictions affecting making of water pricing determination\n\nThe authority must not make a water pricing determination for a monopoly water supply activity that is inconsistent with—\nif the activity is a declared service—an access determination relating to the service; or\nif the activity is a service, whether or not a declared service—an approved access undertaking for the service; or\na water pricing determination code for the activity.\nA water pricing determination has no effect to the extent it is made in contravention of this section.\ns 170ZH ins 2000 No. 15 s 39\namd 2010 No. 53 s 103\n(sec.170ZH-ssec.1) The authority must not make a water pricing determination for a monopoly water supply activity that is inconsistent with— if the activity is a declared service—an access determination relating to the service; or if the activity is a service, whether or not a declared service—an approved access undertaking for the service; or a water pricing determination code for the activity.\n(sec.170ZH-ssec.2) A water pricing determination has no effect to the extent it is made in contravention of this section.\n- (a) if the activity is a declared service—an access determination relating to the service; or\n- (b) if the activity is a service, whether or not a declared service—an approved access undertaking for the service; or\n- (c) a water pricing determination code for the activity.","sortOrder":312},{"sectionNumber":"sec.170ZI","sectionType":"section","heading":"Matters to be considered by authority in making water pricing determination","content":"### sec.170ZI Matters to be considered by authority in making water pricing determination\n\nIn making a water pricing determination, the authority must have regard to the following matters—\nthe need for efficient resource allocation;\nthe need to promote competition;\nthe protection of consumers from abuses of monopoly power;\ndecisions by the Minister and local governments under part 3 about pricing practices of monopoly business activities involving the supply of water;\nthe legitimate business interests of the water supplier carrying on the monopoly water supply activity to which the determination relates;\nin relation to the monopoly water supply activity—\nthe cost of providing the activity in an efficient way, having regard to relevant interstate and international benchmarks; and\nthe actual cost of providing the activity; and\nthe quality of the activities constituting the water supply activity; and\nthe quality of the water being supplied;\nthe appropriate rate of return on water suppliers’ assets;\nthe effect of inflation;\nthe impact on the environment of prices charged by the water supplier;\nconsiderations of demand management;\nsocial welfare and equity considerations, including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices;\nthe need for pricing practices not to discourage socially desirable investment or innovation by water suppliers;\nlegislation and government policies relating to ecologically sustainable development;\nlegislation and government policies relating to occupational health and safety and industrial relations;\neconomic and regional development issues, including employment and investment growth.\nThe authority may have regard to any other matters related to the matters mentioned in subsection (1) it considers are appropriate.\nIn considering a matter mentioned in subsection (1) , the authority may also have regard to the matter as it may continue in existence, arise, or be relevant over a period that is longer than the water pricing period for which the water pricing determination is being made.\nSubsection (5) applies if the authority makes a water pricing determination that may have the effect of a price increase for customers that is higher than the rate of inflation.\nThe authority must, in making the water pricing determination, consider the need to implement in the determination a price path for the introduction of the price increase to moderate its impact on customers.\nIf the authority decides not to implement a price path when subsection (5) applies, the authority must give its reasons for not doing so.\nIn implementing a price path, the authority must have regard to the legitimate business interests of the water supplier carrying on the monopoly water supply activity.\nA price path mentioned in subsection (5) may indicate how it will continue beyond the water pricing period to which the water pricing determination relates, subject to any later water pricing determination.\ns 170ZI ins 2000 No. 15 s 39\namd 2008 No. 35 s 55 ; 2010 No. 53 s 104 ; 2013 No. 39 s 43 sch 1\n(sec.170ZI-ssec.1) In making a water pricing determination, the authority must have regard to the following matters— the need for efficient resource allocation; the need to promote competition; the protection of consumers from abuses of monopoly power; decisions by the Minister and local governments under part 3 about pricing practices of monopoly business activities involving the supply of water; the legitimate business interests of the water supplier carrying on the monopoly water supply activity to which the determination relates; in relation to the monopoly water supply activity— the cost of providing the activity in an efficient way, having regard to relevant interstate and international benchmarks; and the actual cost of providing the activity; and the quality of the activities constituting the water supply activity; and the quality of the water being supplied; the appropriate rate of return on water suppliers’ assets; the effect of inflation; the impact on the environment of prices charged by the water supplier; considerations of demand management; social welfare and equity considerations, including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices; the need for pricing practices not to discourage socially desirable investment or innovation by water suppliers; legislation and government policies relating to ecologically sustainable development; legislation and government policies relating to occupational health and safety and industrial relations; economic and regional development issues, including employment and investment growth.\n(sec.170ZI-ssec.2) The authority may have regard to any other matters related to the matters mentioned in subsection (1) it considers are appropriate.\n(sec.170ZI-ssec.3) In considering a matter mentioned in subsection (1) , the authority may also have regard to the matter as it may continue in existence, arise, or be relevant over a period that is longer than the water pricing period for which the water pricing determination is being made.\n(sec.170ZI-ssec.4) Subsection (5) applies if the authority makes a water pricing determination that may have the effect of a price increase for customers that is higher than the rate of inflation.\n(sec.170ZI-ssec.5) The authority must, in making the water pricing determination, consider the need to implement in the determination a price path for the introduction of the price increase to moderate its impact on customers.\n(sec.170ZI-ssec.6) If the authority decides not to implement a price path when subsection (5) applies, the authority must give its reasons for not doing so.\n(sec.170ZI-ssec.7) In implementing a price path, the authority must have regard to the legitimate business interests of the water supplier carrying on the monopoly water supply activity.\n(sec.170ZI-ssec.8) A price path mentioned in subsection (5) may indicate how it will continue beyond the water pricing period to which the water pricing determination relates, subject to any later water pricing determination.\n- (a) the need for efficient resource allocation;\n- (b) the need to promote competition;\n- (c) the protection of consumers from abuses of monopoly power;\n- (d) decisions by the Minister and local governments under part 3 about pricing practices of monopoly business activities involving the supply of water;\n- (e) the legitimate business interests of the water supplier carrying on the monopoly water supply activity to which the determination relates;\n- (g) in relation to the monopoly water supply activity— (i) the cost of providing the activity in an efficient way, having regard to relevant interstate and international benchmarks; and (ii) the actual cost of providing the activity; and (iii) the quality of the activities constituting the water supply activity; and (iv) the quality of the water being supplied;\n- (i) the cost of providing the activity in an efficient way, having regard to relevant interstate and international benchmarks; and\n- (ii) the actual cost of providing the activity; and\n- (iii) the quality of the activities constituting the water supply activity; and\n- (iv) the quality of the water being supplied;\n- (h) the appropriate rate of return on water suppliers’ assets;\n- (i) the effect of inflation;\n- (j) the impact on the environment of prices charged by the water supplier;\n- (k) considerations of demand management;\n- (l) social welfare and equity considerations, including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices;\n- (m) the need for pricing practices not to discourage socially desirable investment or innovation by water suppliers;\n- (n) legislation and government policies relating to ecologically sustainable development;\n- (o) legislation and government policies relating to occupational health and safety and industrial relations;\n- (p) economic and regional development issues, including employment and investment growth.\n- (i) the cost of providing the activity in an efficient way, having regard to relevant interstate and international benchmarks; and\n- (ii) the actual cost of providing the activity; and\n- (iii) the quality of the activities constituting the water supply activity; and\n- (iv) the quality of the water being supplied;","sortOrder":313},{"sectionNumber":"sec.170ZJ","sectionType":"section","heading":"When water pricing determination has effect","content":"### sec.170ZJ When water pricing determination has effect\n\nA water pricing determination takes effect on—\nthe day the determination is made; or\nif a later day of effect is stated in the determination—the later day.\nA water pricing determination expires at the end of the water pricing period for which it is made.\ns 170ZJ ins 2000 No. 15 s 39\namd 2010 No. 53 s 105\n(sec.170ZJ-ssec.1) A water pricing determination takes effect on— the day the determination is made; or if a later day of effect is stated in the determination—the later day.\n(sec.170ZJ-ssec.2) A water pricing determination expires at the end of the water pricing period for which it is made.\n- (a) the day the determination is made; or\n- (b) if a later day of effect is stated in the determination—the later day.","sortOrder":314},{"sectionNumber":"sec.170ZK","sectionType":"section","heading":"Enforcement of water pricing determination","content":"### sec.170ZK Enforcement of water pricing determination\n\nA water pricing determination may be enforced in the way provided under division 6 .\ns 170ZK ins 2000 No. 15 s 39","sortOrder":315},{"sectionNumber":"sec.170ZL","sectionType":"section","heading":"Water suppliers’ pricing practices","content":"### sec.170ZL Water suppliers’ pricing practices\n\nA water supplier carrying on a monopoly water supply activity to which a water pricing determination relates must adopt pricing practices consistent with the determination.\ns 170ZL ins 2000 No. 15 s 39","sortOrder":316},{"sectionNumber":"sec.170ZM","sectionType":"section","heading":"Register of water pricing determinations","content":"### sec.170ZM Register of water pricing determinations\n\nThe authority must keep a register of water pricing determinations.\nFor each determination, the register must include details of the following—\nthe name of the water supplier carrying on the monopoly water supply activity to which the determination relates;\nthe monopoly water supply activity;\nthe day the determination was made;\nthe day the determination is to take, or took, effect;\nthe authority’s reasons for the determination.\nFor each amendment of a determination, the register must include details of the following—\nthe amendment;\nthe day the amendment was approved;\nthe day the amendment is to take, or took, effect;\nthe authority’s reasons for approving the amendment.\nThe details of the authority’s reasons for the determination or amendment must not include details that are likely to damage the commercial activities of the water supplier.\ns 170ZM ins 2000 No. 15 s 39\namd 2010 No. 53 s 106\n(sec.170ZM-ssec.1) The authority must keep a register of water pricing determinations.\n(sec.170ZM-ssec.2) For each determination, the register must include details of the following— the name of the water supplier carrying on the monopoly water supply activity to which the determination relates; the monopoly water supply activity; the day the determination was made; the day the determination is to take, or took, effect; the authority’s reasons for the determination.\n(sec.170ZM-ssec.3) For each amendment of a determination, the register must include details of the following— the amendment; the day the amendment was approved; the day the amendment is to take, or took, effect; the authority’s reasons for approving the amendment.\n(sec.170ZM-ssec.4) The details of the authority’s reasons for the determination or amendment must not include details that are likely to damage the commercial activities of the water supplier.\n- (a) the name of the water supplier carrying on the monopoly water supply activity to which the determination relates;\n- (b) the monopoly water supply activity;\n- (c) the day the determination was made;\n- (d) the day the determination is to take, or took, effect;\n- (e) the authority’s reasons for the determination.\n- (a) the amendment;\n- (b) the day the amendment was approved;\n- (c) the day the amendment is to take, or took, effect;\n- (d) the authority’s reasons for approving the amendment.","sortOrder":317},{"sectionNumber":"sec.170ZMA","sectionType":"section","heading":null,"content":"### Section sec.170ZMA\n\ns 170ZMA ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":318},{"sectionNumber":"sec.170ZN","sectionType":"section","heading":"Ending of authority’s jurisdiction to determine pricing","content":"### sec.170ZN Ending of authority’s jurisdiction to determine pricing\n\nThe authority’s jurisdiction to make a water pricing determination about a monopoly water supply activity ends if the activity stops being a monopoly water supply activity.\nIf subsection (1) applies, the authority may not make a water pricing determination even if it has given a notice to a water supplier under section 170ZC .\ns 170ZN prev s 170ZN ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZN ins 2010 No. 53 s 108\n(sec.170ZN-ssec.1) The authority’s jurisdiction to make a water pricing determination about a monopoly water supply activity ends if the activity stops being a monopoly water supply activity.\n(sec.170ZN-ssec.2) If subsection (1) applies, the authority may not make a water pricing determination even if it has given a notice to a water supplier under section 170ZC .","sortOrder":319},{"sectionNumber":"sec.170ZO","sectionType":"section","heading":"Application for amendment of water pricing determination","content":"### sec.170ZO Application for amendment of water pricing determination\n\nA water supplier for a monopoly water supply activity for which the authority has made a water pricing determination may apply to the authority for the amendment of the determination, if the supplier reasonably believes—\nthere has been a material change of circumstances since the determination was made; and\nthe material change of circumstances justifies the amendment of the determination.\nAn application under subsection (1) must be in writing and state—\ndetails of the material change of circumstances; and\nthe reasons the supplier believes the material change of circumstances justifies the amendment of the determination.\nThe water supplier may withdraw the application at any time.\ns 170ZO prev s 170ZO ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZO ins 2010 No. 53 s 108\n(sec.170ZO-ssec.1) A water supplier for a monopoly water supply activity for which the authority has made a water pricing determination may apply to the authority for the amendment of the determination, if the supplier reasonably believes— there has been a material change of circumstances since the determination was made; and the material change of circumstances justifies the amendment of the determination.\n(sec.170ZO-ssec.2) An application under subsection (1) must be in writing and state— details of the material change of circumstances; and the reasons the supplier believes the material change of circumstances justifies the amendment of the determination.\n(sec.170ZO-ssec.3) The water supplier may withdraw the application at any time.\n- (a) there has been a material change of circumstances since the determination was made; and\n- (b) the material change of circumstances justifies the amendment of the determination.\n- (a) details of the material change of circumstances; and\n- (b) the reasons the supplier believes the material change of circumstances justifies the amendment of the determination.","sortOrder":320},{"sectionNumber":"sec.170ZP","sectionType":"section","heading":"Refusal to amend","content":"### sec.170ZP Refusal to amend\n\nThe authority may refuse to consider or further consider an application under section 170ZO to amend a water pricing determination if it considers the application is vexatious or frivolous.\nThe authority may refuse the application if it considers there has not been—\na material change of circumstances; or\na material change of circumstances that justifies an amendment of the water pricing determination.\ns 170ZP prev s 170ZP ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZP ins 2010 No. 53 s 108\n(sec.170ZP-ssec.1) The authority may refuse to consider or further consider an application under section 170ZO to amend a water pricing determination if it considers the application is vexatious or frivolous.\n(sec.170ZP-ssec.2) The authority may refuse the application if it considers there has not been— a material change of circumstances; or a material change of circumstances that justifies an amendment of the water pricing determination.\n- (a) a material change of circumstances; or\n- (b) a material change of circumstances that justifies an amendment of the water pricing determination.","sortOrder":321},{"sectionNumber":"sec.170ZQ","sectionType":"section","heading":"Approval of application","content":"### sec.170ZQ Approval of application\n\nThe authority may approve the application if the authority is satisfied—\nthere has been a material change of circumstances since the water pricing determination was made; and\nthe material change of circumstances justifies the amendment; and\nthe amendment does not contravene section 170ZH ; and\nthe authority has complied with section 170ZI .\nFor subsection (1) , a reference in section 170ZH or 170ZI to the making of a water pricing determination applies as if it were a reference to the making of an amendment of a water pricing determination.\nThe authority must give notice of the making of the amendment to the water supplier.\nThe notice must state the day the amendment takes effect.\ns 170ZQ prev s 170ZQ ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZQ ins 2010 No. 53 s 108\n(sec.170ZQ-ssec.1) The authority may approve the application if the authority is satisfied— there has been a material change of circumstances since the water pricing determination was made; and the material change of circumstances justifies the amendment; and the amendment does not contravene section 170ZH ; and the authority has complied with section 170ZI .\n(sec.170ZQ-ssec.2) For subsection (1) , a reference in section 170ZH or 170ZI to the making of a water pricing determination applies as if it were a reference to the making of an amendment of a water pricing determination.\n(sec.170ZQ-ssec.3) The authority must give notice of the making of the amendment to the water supplier.\n(sec.170ZQ-ssec.4) The notice must state the day the amendment takes effect.\n- (a) there has been a material change of circumstances since the water pricing determination was made; and\n- (b) the material change of circumstances justifies the amendment; and\n- (c) the amendment does not contravene section 170ZH ; and\n- (d) the authority has complied with section 170ZI .","sortOrder":322},{"sectionNumber":"sec.170ZQA","sectionType":"section","heading":null,"content":"### Section sec.170ZQA\n\ns 170ZQA ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":323},{"sectionNumber":"sec.170ZR","sectionType":"section","heading":"Amendment on authority’s own initiative","content":"### sec.170ZR Amendment on authority’s own initiative\n\nThis section applies for the purpose of the amendment by the authority on its own initiative of a water pricing determination made for a monopoly water supply activity.\nThe authority may amend the determination by notice given to the water supplier for the activity to correct—\na clerical mistake; or\nan error arising from an accidental slip or omission; or\na material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or\na defect in form.\ns 170ZR prev s 170ZR ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZR ins 2010 No. 53 s 108\n(sec.170ZR-ssec.1) This section applies for the purpose of the amendment by the authority on its own initiative of a water pricing determination made for a monopoly water supply activity.\n(sec.170ZR-ssec.2) The authority may amend the determination by notice given to the water supplier for the activity to correct— a clerical mistake; or an error arising from an accidental slip or omission; or a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or a defect in form.\n- (a) a clerical mistake; or\n- (b) an error arising from an accidental slip or omission; or\n- (c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or\n- (d) a defect in form.","sortOrder":324},{"sectionNumber":"sec.170ZS","sectionType":"section","heading":"Investigation for sdiv 7","content":"### sec.170ZS Investigation for sdiv 7\n\nFor making a water pricing determination or deciding whether to amend a water pricing determination, the authority may conduct an investigation.\nBefore starting the investigation, the authority must give reasonable notice of the investigation to—\nthe relevant water supplier; and\nany other person the authority considers appropriate.\nThe notice must state the following—\nthe authority’s intention to conduct the investigation;\nthe subject matter of the investigation;\nan invitation for the person to whom the notice is given to make written submissions to the authority on the subject matter within the time stated in the notice;\nthe authority’s address.\nPart 6 applies to the investigation.\ns 170ZS prev s 170ZS ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZS ins 2010 No. 53 s 108\n(sec.170ZS-ssec.1) For making a water pricing determination or deciding whether to amend a water pricing determination, the authority may conduct an investigation.\n(sec.170ZS-ssec.2) Before starting the investigation, the authority must give reasonable notice of the investigation to— the relevant water supplier; and any other person the authority considers appropriate.\n(sec.170ZS-ssec.3) The notice must state the following— the authority’s intention to conduct the investigation; the subject matter of the investigation; an invitation for the person to whom the notice is given to make written submissions to the authority on the subject matter within the time stated in the notice; the authority’s address.\n(sec.170ZS-ssec.4) Part 6 applies to the investigation.\n- (a) the relevant water supplier; and\n- (b) any other person the authority considers appropriate.\n- (a) the authority’s intention to conduct the investigation;\n- (b) the subject matter of the investigation;\n- (c) an invitation for the person to whom the notice is given to make written submissions to the authority on the subject matter within the time stated in the notice;\n- (d) the authority’s address.","sortOrder":325},{"sectionNumber":"sec.170ZT","sectionType":"section","heading":"Requirement to give information","content":"### sec.170ZT Requirement to give information\n\nThis section applies for the making or amendment of a water pricing determination.\nIn a notice under section 170ZC or other notice, the authority may require a water supplier to give the authority, within a reasonable time of at least 14 days stated in the notice, information the authority reasonably requires to ensure it—\ndoes not contravene section 170ZH ; and\ncomplies with 170ZI.\nThe notice must state that this section applies to the requirement.\nThe water supplier must comply with the requirement within the time stated in the notice, unless the water supplier has a reasonable excuse.\nMaximum penalty—500 penalty units or 6 months imprisonment.\nThis section does not limit section 170ZC .\nIn this section—\ninformation includes a document.\ns 170ZT prev s 170ZT ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZT ins 2010 No. 53 s 108\n(sec.170ZT-ssec.1) This section applies for the making or amendment of a water pricing determination.\n(sec.170ZT-ssec.2) In a notice under section 170ZC or other notice, the authority may require a water supplier to give the authority, within a reasonable time of at least 14 days stated in the notice, information the authority reasonably requires to ensure it— does not contravene section 170ZH ; and complies with 170ZI.\n(sec.170ZT-ssec.3) The notice must state that this section applies to the requirement.\n(sec.170ZT-ssec.4) The water supplier must comply with the requirement within the time stated in the notice, unless the water supplier has a reasonable excuse. Maximum penalty—500 penalty units or 6 months imprisonment.\n(sec.170ZT-ssec.5) This section does not limit section 170ZC .\n(sec.170ZT-ssec.6) In this section— information includes a document.\n- (a) does not contravene section 170ZH ; and\n- (b) complies with 170ZI.","sortOrder":326},{"sectionNumber":"sec.170ZU","sectionType":"section","heading":"Information to be considered by authority in making decisions","content":"### sec.170ZU Information to be considered by authority in making decisions\n\nThis section applies to a decision by the authority about making a draft water pricing determination, a water pricing determination or an amendment to a water pricing determination.\nSubsection (3) applies if a person gives information ( late information ) to the authority after the period for giving the information stated by the authority.\nThe authority may make the decision without taking late information into account if doing so is reasonable in all of the circumstances.\nFor subsection (3) , in deciding whether it is reasonable in all of the circumstances, the following factors must be taken into account—\nwhether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2) ;\nthe length, complexity and relevance of the late information;\nhow much time has elapsed since the period mentioned in subsection (2) ended;\nhow advanced the authority’s decision-making process is when the late information is received.\nSubsection (6) applies if—\nthe authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and\nthe person fails to comply with the requirement.\nThe authority may make the decision on the basis of the information available to it at the time.\nIn this section—\ninformation includes a document, submission or other matter.\ns 170ZU prev s 170ZU ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZU ins 2010 No. 53 s 108\n(sec.170ZU-ssec.1) This section applies to a decision by the authority about making a draft water pricing determination, a water pricing determination or an amendment to a water pricing determination.\n(sec.170ZU-ssec.2) Subsection (3) applies if a person gives information ( late information ) to the authority after the period for giving the information stated by the authority.\n(sec.170ZU-ssec.3) The authority may make the decision without taking late information into account if doing so is reasonable in all of the circumstances.\n(sec.170ZU-ssec.4) For subsection (3) , in deciding whether it is reasonable in all of the circumstances, the following factors must be taken into account— whether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2) ; the length, complexity and relevance of the late information; how much time has elapsed since the period mentioned in subsection (2) ended; how advanced the authority’s decision-making process is when the late information is received.\n(sec.170ZU-ssec.5) Subsection (6) applies if— the authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and the person fails to comply with the requirement.\n(sec.170ZU-ssec.6) The authority may make the decision on the basis of the information available to it at the time.\n(sec.170ZU-ssec.7) In this section— information includes a document, submission or other matter.\n- (a) whether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2) ;\n- (b) the length, complexity and relevance of the late information;\n- (c) how much time has elapsed since the period mentioned in subsection (2) ended;\n- (d) how advanced the authority’s decision-making process is when the late information is received.\n- (a) the authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and\n- (b) the person fails to comply with the requirement.","sortOrder":327},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Codes for water pricing determinations","content":"## Codes for water pricing determinations","sortOrder":328},{"sectionNumber":"sec.170ZV","sectionType":"section","heading":"Making codes","content":"### sec.170ZV Making codes\n\nThe Minister may make codes for this Act stating requirements for the making of a water pricing determination for a monopoly water supply activity.\nBefore making a code, the Minister—\nmust publish the proposed code and invite persons to make submissions on it to the Minister within the reasonable time stated by the Minister; and\nmust ask the authority to give the Minister information and advice about the code or its contents the authority considers appropriate; and\nmay ask the authority to give the Minister information and advice about a stated matter relating to the code or its contents.\nIn making a code, the Minister must have regard to—\nany submissions about the proposed code received by the Minister within the time stated by the Minister for subsection (2) (a) ; and\nany information or advice given to the Minister by the authority; and\nany other matters the Minister considers relevant.\ns 170ZV prev s 170ZV ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZV ins 2010 No. 53 s 109\namd 2013 No. 39 s 43 sch 1\n(sec.170ZV-ssec.1) The Minister may make codes for this Act stating requirements for the making of a water pricing determination for a monopoly water supply activity.\n(sec.170ZV-ssec.2) Before making a code, the Minister— must publish the proposed code and invite persons to make submissions on it to the Minister within the reasonable time stated by the Minister; and must ask the authority to give the Minister information and advice about the code or its contents the authority considers appropriate; and may ask the authority to give the Minister information and advice about a stated matter relating to the code or its contents.\n(sec.170ZV-ssec.3) In making a code, the Minister must have regard to— any submissions about the proposed code received by the Minister within the time stated by the Minister for subsection (2) (a) ; and any information or advice given to the Minister by the authority; and any other matters the Minister considers relevant.\n- (a) must publish the proposed code and invite persons to make submissions on it to the Minister within the reasonable time stated by the Minister; and\n- (b) must ask the authority to give the Minister information and advice about the code or its contents the authority considers appropriate; and\n- (c) may ask the authority to give the Minister information and advice about a stated matter relating to the code or its contents.\n- (a) any submissions about the proposed code received by the Minister within the time stated by the Minister for subsection (2) (a) ; and\n- (b) any information or advice given to the Minister by the authority; and\n- (c) any other matters the Minister considers relevant.","sortOrder":329},{"sectionNumber":"sec.170ZW","sectionType":"section","heading":"Code is subordinate legislation","content":"### sec.170ZW Code is subordinate legislation\n\nA code is subordinate legislation.\ns 170ZW prev s 170ZW ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZW ins 2010 No. 53 s 109","sortOrder":330},{"sectionNumber":"sec.170ZX","sectionType":"section","heading":"Purpose and contents of codes","content":"### sec.170ZX Purpose and contents of codes\n\nThe purpose of a code is to set out rules that apply for all or particular types of monopoly water supply activities.\nFor subsection (1) , a code may provide for any issue about a monopoly water supply activity.\nWithout limiting subsections (1) and (2) , a code may provide for the following—\nthe process for making or amending a water pricing determination, whether the process has to be complied with by a water supplier or the authority;\nwater pricing principles and practices.\ns 170ZX prev s 170ZX ins 2000 No. 15 s 39\nom 2010 No. 53 s 107\npres s 170ZX ins 2010 No. 53 s 109\n(sec.170ZX-ssec.1) The purpose of a code is to set out rules that apply for all or particular types of monopoly water supply activities.\n(sec.170ZX-ssec.2) For subsection (1) , a code may provide for any issue about a monopoly water supply activity.\n(sec.170ZX-ssec.3) Without limiting subsections (1) and (2) , a code may provide for the following— the process for making or amending a water pricing determination, whether the process has to be complied with by a water supplier or the authority; water pricing principles and practices.\n- (a) the process for making or amending a water pricing determination, whether the process has to be complied with by a water supplier or the authority;\n- (b) water pricing principles and practices.","sortOrder":331},{"sectionNumber":"sec.170ZY","sectionType":"section","heading":null,"content":"### Section sec.170ZY\n\ns 170ZY ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":332},{"sectionNumber":"sec.170ZZ","sectionType":"section","heading":null,"content":"### Section sec.170ZZ\n\ns 170ZZ ins 2000 No. 15 s 39\namd 2001 No. 31 s 48 sch\nom 2010 No. 53 s 107","sortOrder":333},{"sectionNumber":"sec.170ZZA","sectionType":"section","heading":null,"content":"### Section sec.170ZZA\n\ns 170ZZA ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":334},{"sectionNumber":"sec.170ZZB","sectionType":"section","heading":null,"content":"### Section sec.170ZZB\n\ns 170ZZB ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":335},{"sectionNumber":"sec.170ZZC","sectionType":"section","heading":null,"content":"### Section sec.170ZZC\n\ns 170ZZC ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":336},{"sectionNumber":"sec.170ZZD","sectionType":"section","heading":null,"content":"### Section sec.170ZZD\n\ns 170ZZD ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":337},{"sectionNumber":"sec.170ZZE","sectionType":"section","heading":null,"content":"### Section sec.170ZZE\n\ns 170ZZE ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":338},{"sectionNumber":"sec.170ZZF","sectionType":"section","heading":null,"content":"### Section sec.170ZZF\n\ns 170ZZF ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":339},{"sectionNumber":"sec.170ZZG","sectionType":"section","heading":null,"content":"### Section sec.170ZZG\n\ns 170ZZG ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":340},{"sectionNumber":"sec.170ZZH","sectionType":"section","heading":null,"content":"### Section sec.170ZZH\n\ns 170ZZH ins 2000 No. 15 s 39\namd 2008 No. 35 s 56\nom 2010 No. 53 s 107","sortOrder":341},{"sectionNumber":"sec.170ZZI","sectionType":"section","heading":null,"content":"### Section sec.170ZZI\n\ns 170ZZI ins 2000 No. 15 s 39\namd 2001 No. 31 s 48 sch\nom 2010 No. 53 s 107","sortOrder":342},{"sectionNumber":"sec.170ZZJ","sectionType":"section","heading":null,"content":"### Section sec.170ZZJ\n\ns 170ZZJ ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":343},{"sectionNumber":"sec.170ZZK","sectionType":"section","heading":null,"content":"### Section sec.170ZZK\n\ns 170ZZK ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":344},{"sectionNumber":"sec.170ZZL","sectionType":"section","heading":null,"content":"### Section sec.170ZZL\n\ns 170ZZL ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":345},{"sectionNumber":"sec.170ZZM","sectionType":"section","heading":null,"content":"### Section sec.170ZZM\n\ns 170ZZM ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":346},{"sectionNumber":"sec.170ZZN","sectionType":"section","heading":null,"content":"### Section sec.170ZZN\n\ns 170ZZN ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":347},{"sectionNumber":"pt.5A-div.5","sectionType":"division","heading":null,"content":"","sortOrder":348},{"sectionNumber":"sec.170ZZO","sectionType":"section","heading":null,"content":"### Section sec.170ZZO\n\ns 170ZZO ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":349},{"sectionNumber":"sec.170ZZP","sectionType":"section","heading":null,"content":"### Section sec.170ZZP\n\ns 170ZZP ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":350},{"sectionNumber":"sec.170ZZQ","sectionType":"section","heading":null,"content":"### Section sec.170ZZQ\n\ns 170ZZQ ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":351},{"sectionNumber":"sec.170ZZR","sectionType":"section","heading":null,"content":"### Section sec.170ZZR\n\ns 170ZZR ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":352},{"sectionNumber":"sec.170ZZS","sectionType":"section","heading":null,"content":"### Section sec.170ZZS\n\ns 170ZZS ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":353},{"sectionNumber":"sec.170ZZT","sectionType":"section","heading":null,"content":"### Section sec.170ZZT\n\ns 170ZZT ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":354},{"sectionNumber":"sec.170ZZU","sectionType":"section","heading":null,"content":"### Section sec.170ZZU\n\ns 170ZZU ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":355},{"sectionNumber":"sec.170ZZV","sectionType":"section","heading":null,"content":"### Section sec.170ZZV\n\ns 170ZZV ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":356},{"sectionNumber":"sec.170ZZW","sectionType":"section","heading":null,"content":"### Section sec.170ZZW\n\ns 170ZZW ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":357},{"sectionNumber":"sec.170ZZX","sectionType":"section","heading":null,"content":"### Section sec.170ZZX\n\ns 170ZZX ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":358},{"sectionNumber":"sec.170ZZY","sectionType":"section","heading":null,"content":"### Section sec.170ZZY\n\ns 170ZZY ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":359},{"sectionNumber":"sec.170ZZZ","sectionType":"section","heading":null,"content":"### Section sec.170ZZZ\n\ns 170ZZZ ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":360},{"sectionNumber":"sec.170ZZZA","sectionType":"section","heading":null,"content":"### Section sec.170ZZZA\n\ns 170ZZZA ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":361},{"sectionNumber":"sec.170ZZZB","sectionType":"section","heading":null,"content":"### Section sec.170ZZZB\n\ns 170ZZZB ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":362},{"sectionNumber":"sec.170ZZZC","sectionType":"section","heading":null,"content":"### Section sec.170ZZZC\n\ns 170ZZZC ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":363},{"sectionNumber":"sec.170ZZZD","sectionType":"section","heading":null,"content":"### Section sec.170ZZZD\n\ns 170ZZZD ins 2000 No. 15 s 39\nom 2010 No. 53 s 107","sortOrder":364},{"sectionNumber":"pt.5A-div.6","sectionType":"division","heading":"Enforcement for pt 5A","content":"## Enforcement for pt 5A","sortOrder":365},{"sectionNumber":"sec.170ZZZE","sectionType":"section","heading":"References to person involved in contraventions","content":"### sec.170ZZZE References to person involved in contraventions\n\nIn this division, a reference to a person involved in a contravention is a reference to a person who—\nhas aided, abetted, counselled or procured the contravention; or\nhas induced the contravention, whether through threats, promises or in another way; or\nhas been in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention; or\nhas conspired with others to effect the contravention.\ns 170ZZZE ins 2000 No. 15 s 39\n- (a) has aided, abetted, counselled or procured the contravention; or\n- (b) has induced the contravention, whether through threats, promises or in another way; or\n- (c) has been in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention; or\n- (d) has conspired with others to effect the contravention.","sortOrder":366},{"sectionNumber":"sec.170ZZZF","sectionType":"section","heading":"Orders to enforce pricing determinations","content":"### sec.170ZZZF Orders to enforce pricing determinations\n\nThis section applies if, on application by any person, the court is satisfied that a water supplier (the contravening person ) is engaging, or proposing to engage, in conduct constituting a contravention of a water pricing determination.\nThe court may make all or any of the following orders—\nan order granting an injunction, on terms the court considers appropriate—\nrestraining a contravening person from engaging in the conduct; or\nif the conduct involves failing to do something—requiring a contravening person to do the thing;\nan order directing a contravening person to compensate the applicant for loss or damage suffered because of the contravention;\nanother order the court considers appropriate.\nIf the court has power under subsection (2) to grant an injunction restraining a contravening person from engaging in particular conduct, or requiring a contravening person to do anything, the court may make any other order, including granting an injunction, it considers appropriate against any other person involved in the contravention concerned.\ns 170ZZZF ins 2000 No. 15 s 39\namd 2010 No. 53 s 111\n(sec.170ZZZF-ssec.1) This section applies if, on application by any person, the court is satisfied that a water supplier (the contravening person ) is engaging, or proposing to engage, in conduct constituting a contravention of a water pricing determination.\n(sec.170ZZZF-ssec.2) The court may make all or any of the following orders— an order granting an injunction, on terms the court considers appropriate— restraining a contravening person from engaging in the conduct; or if the conduct involves failing to do something—requiring a contravening person to do the thing; an order directing a contravening person to compensate the applicant for loss or damage suffered because of the contravention; another order the court considers appropriate.\n(sec.170ZZZF-ssec.3) If the court has power under subsection (2) to grant an injunction restraining a contravening person from engaging in particular conduct, or requiring a contravening person to do anything, the court may make any other order, including granting an injunction, it considers appropriate against any other person involved in the contravention concerned.\n- (a) an order granting an injunction, on terms the court considers appropriate— (i) restraining a contravening person from engaging in the conduct; or (ii) if the conduct involves failing to do something—requiring a contravening person to do the thing;\n- (i) restraining a contravening person from engaging in the conduct; or\n- (ii) if the conduct involves failing to do something—requiring a contravening person to do the thing;\n- (b) an order directing a contravening person to compensate the applicant for loss or damage suffered because of the contravention;\n- (c) another order the court considers appropriate.\n- (i) restraining a contravening person from engaging in the conduct; or\n- (ii) if the conduct involves failing to do something—requiring a contravening person to do the thing;","sortOrder":367},{"sectionNumber":"sec.170ZZZG","sectionType":"section","heading":"Consent injunctions","content":"### sec.170ZZZG Consent injunctions\n\nOn application for an enforcement injunction, the court may grant the injunction by consent of all of the parties to the proceeding, whether or not the court is satisfied that the section under which the application is made applies.\ns 170ZZZG ins 2000 No. 15 s 39","sortOrder":368},{"sectionNumber":"sec.170ZZZH","sectionType":"section","heading":"Interim injunctions","content":"### sec.170ZZZH Interim injunctions\n\nThe court may grant an interim injunction pending determination of an application for an enforcement injunction.\nIf the application is made by the authority, the court must not require the authority or another person, as a condition of granting an interim injunction, to give an undertaking as to damages.\ns 170ZZZH ins 2000 No. 15 s 39\n(sec.170ZZZH-ssec.1) The court may grant an interim injunction pending determination of an application for an enforcement injunction.\n(sec.170ZZZH-ssec.2) If the application is made by the authority, the court must not require the authority or another person, as a condition of granting an interim injunction, to give an undertaking as to damages.","sortOrder":369},{"sectionNumber":"sec.170ZZZI","sectionType":"section","heading":"Factors relevant to granting restraining injunction","content":"### sec.170ZZZI Factors relevant to granting restraining injunction\n\nThe court may grant an enforcement injunction restraining a person from engaging in conduct whether or not—\nit appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\nthe person has previously engaged in conduct of that kind; or\nthere is an imminent danger of substantial damage to someone else if the person engages in conduct of that kind.\ns 170ZZZI ins 2000 No. 15 s 39\n- (a) it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) the person has previously engaged in conduct of that kind; or\n- (c) there is an imminent danger of substantial damage to someone else if the person engages in conduct of that kind.","sortOrder":370},{"sectionNumber":"sec.170ZZZJ","sectionType":"section","heading":"Factors relevant to granting mandatory injunction","content":"### sec.170ZZZJ Factors relevant to granting mandatory injunction\n\nThe court may grant an enforcement injunction requiring a person to do a thing whether or not—\nit appears to the court that the person intends to fail again, or to continue to fail, to do the thing; or\nthe person has previously failed to do the thing; or\nthere is an imminent danger of substantial damage to someone else if the person fails to do the thing.\ns 170ZZZJ ins 2000 No. 15 s 39\n- (a) it appears to the court that the person intends to fail again, or to continue to fail, to do the thing; or\n- (b) the person has previously failed to do the thing; or\n- (c) there is an imminent danger of substantial damage to someone else if the person fails to do the thing.","sortOrder":371},{"sectionNumber":"sec.170ZZZK","sectionType":"section","heading":"Discharge or variation of injunction or order","content":"### sec.170ZZZK Discharge or variation of injunction or order\n\nThe court may discharge or vary an injunction or order granted under this division.\ns 170ZZZK ins 2000 No. 15 s 39","sortOrder":372},{"sectionNumber":"sec.170ZZZL","sectionType":"section","heading":"Requirement to give information about compliance with particular provisions","content":"### sec.170ZZZL Requirement to give information about compliance with particular provisions\n\nThe authority may take action under this section to find out whether a water supplier (the person ) is complying with section 170ZL in relation to a water pricing determination.\nThe authority may, by written notice given to the person, require the person to give the authority, within the time, not less than 14 days, stated in the notice, stated information about the person’s compliance with the water pricing determination.\nThe person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units or 6 months imprisonment.\nA person who is an individual is not required to comply with a requirement to give information if the person claims on the ground of self-incrimination a privilege the individual would be entitled to claim against giving the information were the individual a witness in a prosecution for an offence in the Supreme Court.\nThe authority or person may apply to the Supreme Court for a determination of the validity of a claim of privilege.\ns 170ZZZL ins 2000 No. 15 s 39\nsub 2010 No. 53 s 112\n(sec.170ZZZL-ssec.1) The authority may take action under this section to find out whether a water supplier (the person ) is complying with section 170ZL in relation to a water pricing determination.\n(sec.170ZZZL-ssec.2) The authority may, by written notice given to the person, require the person to give the authority, within the time, not less than 14 days, stated in the notice, stated information about the person’s compliance with the water pricing determination.\n(sec.170ZZZL-ssec.3) The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse. Maximum penalty—500 penalty units or 6 months imprisonment.\n(sec.170ZZZL-ssec.4) A person who is an individual is not required to comply with a requirement to give information if the person claims on the ground of self-incrimination a privilege the individual would be entitled to claim against giving the information were the individual a witness in a prosecution for an offence in the Supreme Court.\n(sec.170ZZZL-ssec.5) The authority or person may apply to the Supreme Court for a determination of the validity of a claim of privilege.","sortOrder":373},{"sectionNumber":"pt.6","sectionType":"part","heading":"Investigations by authority","content":"# Investigations by authority","sortOrder":374},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":375},{"sectionNumber":"sec.171","sectionType":"section","heading":"Application of part","content":"### sec.171 Application of part\n\nThis part applies to the following investigations—\nan investigation for part 3 , division 2A ;\nan investigation for part 3 , division 3 ;\nan investigation for part 5 , division 2 , subdivision 3 ;\nan investigation for part 5 , division 2 , subdivision 4A ;\nan investigation for part 5 , division 2 , subdivision 5 ;\nan investigation for part 5 , division 7 , subdivision 3 ;\nan investigation for part 5 , division 7A ;\nan investigation for part 5A , division 2 , subdivision 3 ;\nan investigation for part 5A , division 2 , subdivision 5 ;\nan investigation for part 5A , division 2 , subdivision 7 .\ns 171 amd 1997 No. 77 s 93 ; 2000 No. 15 s 40 ; 2008 No. 35 s 57 ; 2010 No. 32 s 59 ; 2010 No. 53 s 113 ; 2018 No. 6 s 11\n- (a) an investigation for part 3 , division 2A ;\n- (b) an investigation for part 3 , division 3 ;\n- (c) an investigation for part 5 , division 2 , subdivision 3 ;\n- (d) an investigation for part 5 , division 2 , subdivision 4A ;\n- (e) an investigation for part 5 , division 2 , subdivision 5 ;\n- (f) an investigation for part 5 , division 7 , subdivision 3 ;\n- (g) an investigation for part 5 , division 7A ;\n- (h) an investigation for part 5A , division 2 , subdivision 3 ;\n- (i) an investigation for part 5A , division 2 , subdivision 5 ;\n- (j) an investigation for part 5A , division 2 , subdivision 7 .","sortOrder":376},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"General conduct of investigations","content":"## General conduct of investigations","sortOrder":377},{"sectionNumber":"sec.172","sectionType":"section","heading":"Public seminars etc.","content":"### sec.172 Public seminars etc.\n\nThe authority may conduct public consultation, including public seminars, conduct workshops and establish working groups and task forces for an investigation.\ns 172 amd 2010 No. 53 s 114","sortOrder":378},{"sectionNumber":"sec.173","sectionType":"section","heading":"General procedures","content":"### sec.173 General procedures\n\nIn an investigation, the authority—\nmust act with as little formality as possible; and\nis not bound by technicalities, legal forms or rules of evidence; and\nmay inform itself on any matter relevant to the investigation in any way it considers appropriate; and\nmust comply with natural justice.\nFor subsection (1) (c) , the authority may consult with persons as it considers appropriate.\nThe authority may—\nrequire information or submissions to be presented in writing; and\ndecide the matters on which information or submissions may be presented orally.\n(sec.173-ssec.1) In an investigation, the authority— must act with as little formality as possible; and is not bound by technicalities, legal forms or rules of evidence; and may inform itself on any matter relevant to the investigation in any way it considers appropriate; and must comply with natural justice.\n(sec.173-ssec.2) For subsection (1) (c) , the authority may consult with persons as it considers appropriate.\n(sec.173-ssec.3) The authority may— require information or submissions to be presented in writing; and decide the matters on which information or submissions may be presented orally.\n- (a) must act with as little formality as possible; and\n- (b) is not bound by technicalities, legal forms or rules of evidence; and\n- (c) may inform itself on any matter relevant to the investigation in any way it considers appropriate; and\n- (d) must comply with natural justice.\n- (a) require information or submissions to be presented in writing; and\n- (b) decide the matters on which information or submissions may be presented orally.","sortOrder":379},{"sectionNumber":"sec.174","sectionType":"section","heading":"Consideration of submissions","content":"### sec.174 Consideration of submissions\n\nIn an investigation, the authority must consider all submissions that—\nare made in response to an investigation notice; and\nare received by the authority in the time stated in the notice.\nDespite subsection (1) , unless the authority, in an investigation notice, approved the making of oral submissions, the authority is required to consider a submission only if it is in writing.\n(sec.174-ssec.1) In an investigation, the authority must consider all submissions that— are made in response to an investigation notice; and are received by the authority in the time stated in the notice.\n(sec.174-ssec.2) Despite subsection (1) , unless the authority, in an investigation notice, approved the making of oral submissions, the authority is required to consider a submission only if it is in writing.\n- (a) are made in response to an investigation notice; and\n- (b) are received by the authority in the time stated in the notice.","sortOrder":380},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Hearings","content":"## Hearings","sortOrder":381},{"sectionNumber":"sec.175","sectionType":"section","heading":"Holding of hearings","content":"### sec.175 Holding of hearings\n\nThe authority may hold hearings for an investigation.","sortOrder":382},{"sectionNumber":"sec.176","sectionType":"section","heading":"Notice of hearings","content":"### sec.176 Notice of hearings\n\nBefore starting the hearings, the authority must give reasonable notice of the hearings.\nThe authority must publish the notice on its website.\nAlso, the notice must be given to—\nfor an investigation under part 3 —the government agency or other person carrying on the monopoly business activity to which the investigation relates; and\nfor an investigation under part 5 —the owner or operator of the service to which the investigation relates, or to which the access undertaking the subject of the investigation relates; and\nfor an investigation under part 5A —the water supplier carrying on the water supply activity to which the investigation relates, or to which the undertaking the subject of the investigation relates.\nThe notice must state—\nthe authority’s intention to hold the hearings; and\nthe subject matter of the hearings; and\nwhere and when the first of the hearings is to start.\ns 176 amd 2000 No. 15 s 41 ; 2005 No. 37 s 28 ; 2008 No. 35 s 58 ; 2018 No. 6 s 12\n(sec.176-ssec.1) Before starting the hearings, the authority must give reasonable notice of the hearings.\n(sec.176-ssec.2) The authority must publish the notice on its website.\n(sec.176-ssec.3) Also, the notice must be given to— for an investigation under part 3 —the government agency or other person carrying on the monopoly business activity to which the investigation relates; and for an investigation under part 5 —the owner or operator of the service to which the investigation relates, or to which the access undertaking the subject of the investigation relates; and for an investigation under part 5A —the water supplier carrying on the water supply activity to which the investigation relates, or to which the undertaking the subject of the investigation relates.\n(sec.176-ssec.4) The notice must state— the authority’s intention to hold the hearings; and the subject matter of the hearings; and where and when the first of the hearings is to start.\n- (a) for an investigation under part 3 —the government agency or other person carrying on the monopoly business activity to which the investigation relates; and\n- (b) for an investigation under part 5 —the owner or operator of the service to which the investigation relates, or to which the access undertaking the subject of the investigation relates; and\n- (c) for an investigation under part 5A —the water supplier carrying on the water supply activity to which the investigation relates, or to which the undertaking the subject of the investigation relates.\n- (a) the authority’s intention to hold the hearings; and\n- (b) the subject matter of the hearings; and\n- (c) where and when the first of the hearings is to start.","sortOrder":383},{"sectionNumber":"sec.177","sectionType":"section","heading":"Hearings normally to be in public","content":"### sec.177 Hearings normally to be in public\n\nA hearing must be held in public.\nHowever, a hearing, or part of a hearing, may be held in private if the authority considers it is appropriate because of the confidential nature of any evidence or other matter or for another reason.\nIf a hearing, or part of a hearing, is being held in private, the authority—\nmay give written directions about the persons who may be present; and\nmay give an oral or written direction to a person prohibiting or restricting, without the authority’s consent, the publication of—\nevidence given before the hearing; or\nmatters contained in documents given to the authority for the hearing.\nIn giving a direction, the authority must have regard to the need for commercial confidentiality.\nA person must not—\nbe present at a hearing in contravention of a direction under subsection (3) (a) ; or\ncontravene a direction under subsection (3) (b) .\nMaximum penalty for subsection (5) —1,000 penalty units or 1 year’s imprisonment.\n(sec.177-ssec.1) A hearing must be held in public.\n(sec.177-ssec.2) However, a hearing, or part of a hearing, may be held in private if the authority considers it is appropriate because of the confidential nature of any evidence or other matter or for another reason.\n(sec.177-ssec.3) If a hearing, or part of a hearing, is being held in private, the authority— may give written directions about the persons who may be present; and may give an oral or written direction to a person prohibiting or restricting, without the authority’s consent, the publication of— evidence given before the hearing; or matters contained in documents given to the authority for the hearing.\n(sec.177-ssec.4) In giving a direction, the authority must have regard to the need for commercial confidentiality.\n(sec.177-ssec.5) A person must not— be present at a hearing in contravention of a direction under subsection (3) (a) ; or contravene a direction under subsection (3) (b) . Maximum penalty for subsection (5) —1,000 penalty units or 1 year’s imprisonment.\n- (a) may give written directions about the persons who may be present; and\n- (b) may give an oral or written direction to a person prohibiting or restricting, without the authority’s consent, the publication of— (i) evidence given before the hearing; or (ii) matters contained in documents given to the authority for the hearing.\n- (i) evidence given before the hearing; or\n- (ii) matters contained in documents given to the authority for the hearing.\n- (i) evidence given before the hearing; or\n- (ii) matters contained in documents given to the authority for the hearing.\n- (a) be present at a hearing in contravention of a direction under subsection (3) (a) ; or\n- (b) contravene a direction under subsection (3) (b) .","sortOrder":384},{"sectionNumber":"sec.178","sectionType":"section","heading":"Right to representation","content":"### sec.178 Right to representation\n\nAt a hearing, a person may appear in person or be represented by someone else.","sortOrder":385},{"sectionNumber":"sec.179","sectionType":"section","heading":"Procedures at hearings","content":"### sec.179 Procedures at hearings\n\nPart 8 , division 2 applies to a hearing, so far as the part is capable of applying, as if the hearing were a meeting of the authority.","sortOrder":386},{"sectionNumber":"sec.180","sectionType":"section","heading":"Taking evidence","content":"### sec.180 Taking evidence\n\nFor holding a hearing, the authority may take evidence on oath or affirmation.\nFor subsection (1) , a member may administer an oath or affirmation to a person.\n(sec.180-ssec.1) For holding a hearing, the authority may take evidence on oath or affirmation.\n(sec.180-ssec.2) For subsection (1) , a member may administer an oath or affirmation to a person.","sortOrder":387},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Witnesses at hearings","content":"## Witnesses at hearings","sortOrder":388},{"sectionNumber":"sec.181","sectionType":"section","heading":"Notice to witness","content":"### sec.181 Notice to witness\n\nFor a hearing, the authority may, by written notice given to an officer of a government agency or to another person, require the officer or other person to attend before the authority at a stated time and place to give evidence or produce a stated document.\ns 181 amd 2010 No. 32 s 60","sortOrder":389},{"sectionNumber":"sec.182","sectionType":"section","heading":"Witness fees","content":"### sec.182 Witness fees\n\nA person (other than an officer of a government agency) given a notice to attend as a witness at a hearing is entitled to be paid—\nthe witness fees prescribed under a regulation; or\nif no witness fees are prescribed—the reasonable witness fees decided by the chairperson.\n- (a) the witness fees prescribed under a regulation; or\n- (b) if no witness fees are prescribed—the reasonable witness fees decided by the chairperson.","sortOrder":390},{"sectionNumber":"sec.183","sectionType":"section","heading":"Failure of witness to attend","content":"### sec.183 Failure of witness to attend\n\nA person given a notice to attend as a witness at a hearing must not, without reasonable excuse—\nfail to attend as required by the notice; or\nfail to continue to attend as required by a member, unless excused from further attendance by a member.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\n- (a) fail to attend as required by the notice; or\n- (b) fail to continue to attend as required by a member, unless excused from further attendance by a member.","sortOrder":391},{"sectionNumber":"sec.184","sectionType":"section","heading":"Other offences by witnesses","content":"### sec.184 Other offences by witnesses\n\nA person appearing as a witness at a hearing must not, without reasonable excuse—\nfail to take an oath or make an affirmation when required by the chairperson; or\nfail to answer a question the person is required to answer by a member; or\nfail to produce a document the person is required to produce by a notice under section 181 .\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nIt is a reasonable excuse to refuse to answer a question or produce a document on the ground that the answer or production of the document might tend to incriminate the person.\n(sec.184-ssec.1) A person appearing as a witness at a hearing must not, without reasonable excuse— fail to take an oath or make an affirmation when required by the chairperson; or fail to answer a question the person is required to answer by a member; or fail to produce a document the person is required to produce by a notice under section 181 . Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.184-ssec.2) It is a reasonable excuse to refuse to answer a question or produce a document on the ground that the answer or production of the document might tend to incriminate the person.\n- (a) fail to take an oath or make an affirmation when required by the chairperson; or\n- (b) fail to answer a question the person is required to answer by a member; or\n- (c) fail to produce a document the person is required to produce by a notice under section 181 .","sortOrder":392},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":393},{"sectionNumber":"sec.185","sectionType":"section","heading":"Giving information and documents to authority","content":"### sec.185 Giving information and documents to authority\n\nFor an investigation, the authority may, by written notice given to an officer of a government agency or to another person, require the officer or other person to do either or both of the following—\ngive a statement setting out stated information to the authority on or before a stated day;\nproduce a stated document to the authority on or before a stated day.\nThe day stated in the notice for subsection (1) (a) or (b) must be reasonable.\nThe person to whom the notice is given must comply with the notice to the extent to which the person is able to comply with it, unless the person has a reasonable excuse.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nIt is a reasonable excuse for a person to fail to comply with the notice if complying with the notice might tend to incriminate the person.\ns 185 amd 2010 No. 32 s 61\n(sec.185-ssec.1) For an investigation, the authority may, by written notice given to an officer of a government agency or to another person, require the officer or other person to do either or both of the following— give a statement setting out stated information to the authority on or before a stated day; produce a stated document to the authority on or before a stated day.\n(sec.185-ssec.2) The day stated in the notice for subsection (1) (a) or (b) must be reasonable.\n(sec.185-ssec.3) The person to whom the notice is given must comply with the notice to the extent to which the person is able to comply with it, unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.185-ssec.4) It is a reasonable excuse for a person to fail to comply with the notice if complying with the notice might tend to incriminate the person.\n- (a) give a statement setting out stated information to the authority on or before a stated day;\n- (b) produce a stated document to the authority on or before a stated day.","sortOrder":394},{"sectionNumber":"sec.186","sectionType":"section","heading":"Handling of documents","content":"### sec.186 Handling of documents\n\nIf a document is produced to the authority for an investigation, the authority may—\ninspect the document; and\nmake copies of the document if it is relevant to the investigation.\nAlso, the authority may take possession of the document, and keep it while it is necessary for the investigation.\nWhile it keeps a document, the authority must allow a person otherwise entitled to possession of it to inspect or copy the document at a reasonable time and place the authority decides.\n(sec.186-ssec.1) If a document is produced to the authority for an investigation, the authority may— inspect the document; and make copies of the document if it is relevant to the investigation.\n(sec.186-ssec.2) Also, the authority may take possession of the document, and keep it while it is necessary for the investigation.\n(sec.186-ssec.3) While it keeps a document, the authority must allow a person otherwise entitled to possession of it to inspect or copy the document at a reasonable time and place the authority decides.\n- (a) inspect the document; and\n- (b) make copies of the document if it is relevant to the investigation.","sortOrder":395},{"sectionNumber":"sec.187","sectionType":"section","heading":"Confidential information","content":"### sec.187 Confidential information\n\nThis section applies if a person believes that—\nstated information made available, or to be made available, in an investigation is confidential; and\nthe disclosure of the information is likely to damage the person’s commercial activities.\nThe person may—\ninform the authority of the person’s belief; and\nask the authority not to disclose the information to another person.\nIf the authority is satisfied the person’s belief is justified and that the disclosure of the information would not be in the public interest, the authority must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person other than—\nthe Minister; or\nif the investigation involves a government agency—the responsible Minister for the government agency; or\na member; or\nan employee, consultant or agent of the authority who receives the information in the course of his or her duties; or\nan entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or\nthe regulator under the Electricity Act 1994 , to facilitate the performance of the regulator’s function mentioned in section 63 (1) (c) of that Act; or\nthe regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or\nthe regulator under the Water Supply (Safety and Reliability) Act 2008 , to facilitate the performance of the regulator’s function mentioned in section 11 (1) (c) of that Act; or\nthe energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 .\nThis section applies despite sections 177 , 184 (1) (b) and 185 .\nIn this section—\ncommercial activities means activities conducted on a commercial basis.\nperson includes a government agency.\ns 187 amd 1997 No. 77 s 94 ; 2005 No. 37 s 29 ; 2006 No. 60 s 173 ; 2006 No. 61 s 94 ; 2008 No. 34 s 751 sch 2 ; 2010 No. 6 s 357 sch 1 ; 2010 No. 53 s 93 sch 2 ; 2013 No. 39 s 43 sch 1 ; 2017 No. 4 s 145 sch 1\n(sec.187-ssec.1) This section applies if a person believes that— stated information made available, or to be made available, in an investigation is confidential; and the disclosure of the information is likely to damage the person’s commercial activities.\n(sec.187-ssec.2) The person may— inform the authority of the person’s belief; and ask the authority not to disclose the information to another person.\n(sec.187-ssec.3) If the authority is satisfied the person’s belief is justified and that the disclosure of the information would not be in the public interest, the authority must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person other than— the Minister; or if the investigation involves a government agency—the responsible Minister for the government agency; or a member; or an employee, consultant or agent of the authority who receives the information in the course of his or her duties; or an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or the regulator under the Electricity Act 1994 , to facilitate the performance of the regulator’s function mentioned in section 63 (1) (c) of that Act; or the regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or the regulator under the Water Supply (Safety and Reliability) Act 2008 , to facilitate the performance of the regulator’s function mentioned in section 11 (1) (c) of that Act; or the energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 .\n(sec.187-ssec.4) This section applies despite sections 177 , 184 (1) (b) and 185 .\n(sec.187-ssec.5) In this section— commercial activities means activities conducted on a commercial basis. person includes a government agency.\n- (a) stated information made available, or to be made available, in an investigation is confidential; and\n- (b) the disclosure of the information is likely to damage the person’s commercial activities.\n- (a) inform the authority of the person’s belief; and\n- (b) ask the authority not to disclose the information to another person.\n- (a) the Minister; or\n- (b) if the investigation involves a government agency—the responsible Minister for the government agency; or\n- (c) a member; or\n- (d) an employee, consultant or agent of the authority who receives the information in the course of his or her duties; or\n- (e) an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or\n- (f) the regulator under the Electricity Act 1994 , to facilitate the performance of the regulator’s function mentioned in section 63 (1) (c) of that Act; or\n- (g) the regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or\n- (i) the regulator under the Water Supply (Safety and Reliability) Act 2008 , to facilitate the performance of the regulator’s function mentioned in section 11 (1) (c) of that Act; or\n- (j) the energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 .","sortOrder":396},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Conduct of mediation","content":"# Conduct of mediation","sortOrder":397},{"sectionNumber":"pt.6A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":398},{"sectionNumber":"sec.187A","sectionType":"section","heading":"Application of part","content":"### sec.187A Application of part\n\nThis part applies to the mediation of an access dispute for part 5 , division 5 , subdivision 2A .\ns 187A ins 2000 No. 15 s 42\nsub 2010 No. 53 s 115","sortOrder":399},{"sectionNumber":"pt.6A-div.2","sectionType":"division","heading":"Constitution of mediator for mediation conferences","content":"## Constitution of mediator for mediation conferences","sortOrder":400},{"sectionNumber":"sec.187B","sectionType":"section","heading":"Constitution of mediator","content":"### sec.187B Constitution of mediator\n\nFor a mediation, the mediator is to be constituted by 1 or more appropriately qualified persons nominated in writing by the chairperson.\nThe mediator, as constituted under subsection (1) , must include an associate member chosen, under section 214D (3) , for the mediation.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\ns 187B ins 2000 No. 15 s 42\namd 2002 No. 56 s 22 ; 2018 No. 6 s 13\n(sec.187B-ssec.1) For a mediation, the mediator is to be constituted by 1 or more appropriately qualified persons nominated in writing by the chairperson.\n(sec.187B-ssec.2) The mediator, as constituted under subsection (1) , must include an associate member chosen, under section 214D (3) , for the mediation.\n(sec.187B-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.","sortOrder":401},{"sectionNumber":"sec.187C","sectionType":"section","heading":"Presiding person","content":"### sec.187C Presiding person\n\nIf the mediator for a mediation is constituted by 1 person, the person is to preside at the mediation.\nIf the mediator for a mediation is constituted by more than 1 person and includes the chairperson, the chairperson is to preside at the mediation.\nIf the mediator for a mediation is constituted by more than 1 person but does not include the chairperson, the chairperson must nominate a person to preside at the mediation.\ns 187C ins 2000 No. 15 s 42\n(sec.187C-ssec.1) If the mediator for a mediation is constituted by 1 person, the person is to preside at the mediation.\n(sec.187C-ssec.2) If the mediator for a mediation is constituted by more than 1 person and includes the chairperson, the chairperson is to preside at the mediation.\n(sec.187C-ssec.3) If the mediator for a mediation is constituted by more than 1 person but does not include the chairperson, the chairperson must nominate a person to preside at the mediation.","sortOrder":402},{"sectionNumber":"sec.187D","sectionType":"section","heading":"Reconstitution of mediator","content":"### sec.187D Reconstitution of mediator\n\nThis section applies if the person who constitutes, or 1 of the persons who constitutes, the mediator for a mediation—\nstops being a member of the authority; or\nfor any reason, is not available for the mediation conference.\nFor finishing the mediation, the chairperson must direct that the mediator is to be constituted by—\nif the mediator is constituted by 1 person—by another person directed by the chairperson; or\nif the mediator is constituted by more than 1 person—by the remaining person or persons.\nIf a direction is given under subsection (2) , the mediator as constituted under the direction—\nmust continue and finish the mediation; and\nfor that purpose, may have regard to any notes of the mediation conference made by the mediator as previously constituted.\nIn subsection (1) , a reference to the person who constitutes, or is 1 of the persons who constitutes, the mediator for a mediation includes a reference to the person who constitutes, or is 1 of the persons who constitutes, a mediator for that purpose because of the application on 1 or more occasions of subsection (2) .\ns 187D ins 2000 No. 15 s 42\n(sec.187D-ssec.1) This section applies if the person who constitutes, or 1 of the persons who constitutes, the mediator for a mediation— stops being a member of the authority; or for any reason, is not available for the mediation conference.\n(sec.187D-ssec.2) For finishing the mediation, the chairperson must direct that the mediator is to be constituted by— if the mediator is constituted by 1 person—by another person directed by the chairperson; or if the mediator is constituted by more than 1 person—by the remaining person or persons.\n(sec.187D-ssec.3) If a direction is given under subsection (2) , the mediator as constituted under the direction— must continue and finish the mediation; and for that purpose, may have regard to any notes of the mediation conference made by the mediator as previously constituted.\n(sec.187D-ssec.4) In subsection (1) , a reference to the person who constitutes, or is 1 of the persons who constitutes, the mediator for a mediation includes a reference to the person who constitutes, or is 1 of the persons who constitutes, a mediator for that purpose because of the application on 1 or more occasions of subsection (2) .\n- (a) stops being a member of the authority; or\n- (b) for any reason, is not available for the mediation conference.\n- (a) if the mediator is constituted by 1 person—by another person directed by the chairperson; or\n- (b) if the mediator is constituted by more than 1 person—by the remaining person or persons.\n- (a) must continue and finish the mediation; and\n- (b) for that purpose, may have regard to any notes of the mediation conference made by the mediator as previously constituted.","sortOrder":403},{"sectionNumber":"sec.187E","sectionType":"section","heading":"Deciding questions","content":"### sec.187E Deciding questions\n\nIf the mediator is constituted for a mediation by more than 1 person, any question before the mediator is to be decided—\nif paragraph (b) does not apply—according to the opinion of the majority of those persons; or\nif the persons are evenly divided on the question—according to the opinion of the person presiding.\ns 187E ins 2000 No. 15 s 42\n- (a) if paragraph (b) does not apply—according to the opinion of the majority of those persons; or\n- (b) if the persons are evenly divided on the question—according to the opinion of the person presiding.","sortOrder":404},{"sectionNumber":"pt.6A-div.3","sectionType":"division","heading":"General conduct of mediation conferences","content":"## General conduct of mediation conferences","sortOrder":405},{"sectionNumber":"sec.187F","sectionType":"section","heading":"Conference to be in private","content":"### sec.187F Conference to be in private\n\nA mediation conference must be held in private.\nHowever, the mediator may give written directions about the persons who may be present at the conference.\nIn giving a direction, the mediator must have regard to the wishes of the parties and the need for commercial confidentiality.\nA person must not be present at a mediation conference in contravention of a direction under subsection (2) .\nMaximum penalty for subsection (4) —1,000 penalty units or 1 year’s imprisonment.\ns 187F ins 2000 No. 15 s 42\n(sec.187F-ssec.1) A mediation conference must be held in private.\n(sec.187F-ssec.2) However, the mediator may give written directions about the persons who may be present at the conference.\n(sec.187F-ssec.3) In giving a direction, the mediator must have regard to the wishes of the parties and the need for commercial confidentiality.\n(sec.187F-ssec.4) A person must not be present at a mediation conference in contravention of a direction under subsection (2) . Maximum penalty for subsection (4) —1,000 penalty units or 1 year’s imprisonment.","sortOrder":406},{"sectionNumber":"sec.187G","sectionType":"section","heading":"Limited right to representation","content":"### sec.187G Limited right to representation\n\nAt a mediation conference, each party to the dispute must conduct the party’s own case.\nHowever, a party may be represented by someone else if—\nthe party is a corporation; or\nthe mediator is satisfied the party should be permitted to be represented by someone else.\ns 187G ins 2000 No. 15 s 42\n(sec.187G-ssec.1) At a mediation conference, each party to the dispute must conduct the party’s own case.\n(sec.187G-ssec.2) However, a party may be represented by someone else if— the party is a corporation; or the mediator is satisfied the party should be permitted to be represented by someone else.\n- (a) the party is a corporation; or\n- (b) the mediator is satisfied the party should be permitted to be represented by someone else.","sortOrder":407},{"sectionNumber":"sec.187H","sectionType":"section","heading":"General procedures","content":"### sec.187H General procedures\n\nIn a mediation conference, the mediator—\nmust act with as little formality as possible; and\nis not bound by technicalities, legal forms or rules of evidence; and\nmay inform himself, herself or themselves on any matter relevant to the mediation in any way the mediator considers appropriate; and\nmust comply with natural justice.\nFor subsection (1) (c) , the mediator may consult with persons as the mediator considers appropriate.\ns 187H ins 2000 No. 15 s 42\n(sec.187H-ssec.1) In a mediation conference, the mediator— must act with as little formality as possible; and is not bound by technicalities, legal forms or rules of evidence; and may inform himself, herself or themselves on any matter relevant to the mediation in any way the mediator considers appropriate; and must comply with natural justice.\n(sec.187H-ssec.2) For subsection (1) (c) , the mediator may consult with persons as the mediator considers appropriate.\n- (a) must act with as little formality as possible; and\n- (b) is not bound by technicalities, legal forms or rules of evidence; and\n- (c) may inform himself, herself or themselves on any matter relevant to the mediation in any way the mediator considers appropriate; and\n- (d) must comply with natural justice.","sortOrder":408},{"sectionNumber":"sec.187I","sectionType":"section","heading":"Parties’ attendance at conference not compellable","content":"### sec.187I Parties’ attendance at conference not compellable\n\nA party to a mediation can not be compelled to attend a mediation conference.\ns 187I ins 2000 No. 15 s 42","sortOrder":409},{"sectionNumber":"sec.187J","sectionType":"section","heading":"No official record of mediation conference","content":"### sec.187J No official record of mediation conference\n\nA person must not make an official record of anything said at a mediation conference.\nMaximum penalty—40 penalty units.\nA mediator does not commit an offence against subsection (1) merely by making notes of the mediation conference.\ns 187J ins 2000 No. 15 s 42\n(sec.187J-ssec.1) A person must not make an official record of anything said at a mediation conference. Maximum penalty—40 penalty units.\n(sec.187J-ssec.2) A mediator does not commit an offence against subsection (1) merely by making notes of the mediation conference.","sortOrder":410},{"sectionNumber":"pt.6A-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":411},{"sectionNumber":"sec.187K","sectionType":"section","heading":"Confidential information","content":"### sec.187K Confidential information\n\nThis section applies if a person believes that—\nstated information made available, or to be made available, in a mediation conference is confidential; and\nthe disclosure of the information is likely to damage the person’s commercial activities.\nThe person may—\ninform the mediator of the person’s belief; and\nask the mediator not to disclose the information to another person.\nIf the mediator is satisfied the person’s belief is justified and disclosure of the information would not be in the public interest, the mediator must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person.\nIn this section—\ncommercial activities means activities conducted on a commercial basis.\nperson includes a government agency.\ns 187K ins 2000 No. 15 s 42\n(sec.187K-ssec.1) This section applies if a person believes that— stated information made available, or to be made available, in a mediation conference is confidential; and the disclosure of the information is likely to damage the person’s commercial activities.\n(sec.187K-ssec.2) The person may— inform the mediator of the person’s belief; and ask the mediator not to disclose the information to another person.\n(sec.187K-ssec.3) If the mediator is satisfied the person’s belief is justified and disclosure of the information would not be in the public interest, the mediator must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person.\n(sec.187K-ssec.4) In this section— commercial activities means activities conducted on a commercial basis. person includes a government agency.\n- (a) stated information made available, or to be made available, in a mediation conference is confidential; and\n- (b) the disclosure of the information is likely to damage the person’s commercial activities.\n- (a) inform the mediator of the person’s belief; and\n- (b) ask the mediator not to disclose the information to another person.","sortOrder":412},{"sectionNumber":"pt.7","sectionType":"part","heading":"Conduct of arbitration hearings by authority","content":"# Conduct of arbitration hearings by authority","sortOrder":413},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":414},{"sectionNumber":"sec.188","sectionType":"section","heading":"Application of part","content":"### sec.188 Application of part\n\nThis part applies to the following arbitrations—\nthe arbitration of an access dispute conducted by the authority for part 5 , division 5 , subdivision 3 ;\nthe arbitration for an application under the Water Supply (Safety and Reliability) Act 2008 , section 524 (2) .\ns 188 sub 2000 No. 15 s 43\namd 2000 No. 34 s 1145 sch 3 ; 2008 No. 34 s 751 sch 2 ; 2010 No. 53 s 116\n- (a) the arbitration of an access dispute conducted by the authority for part 5 , division 5 , subdivision 3 ;\n- (b) the arbitration for an application under the Water Supply (Safety and Reliability) Act 2008 , section 524 (2) .","sortOrder":415},{"sectionNumber":"sec.188A","sectionType":"section","heading":null,"content":"### Section sec.188A\n\ns 188A ins 2000 No. 15 s 43\namd 2005 No. 37 s 30\nom 2010 No. 53 s 117","sortOrder":416},{"sectionNumber":"sec.189","sectionType":"section","heading":"References to member","content":"### sec.189 References to member\n\nIn divisions 3 and 4 , a reference to a member of the authority for an arbitration is a reference to a member of the authority as constituted for the arbitration.","sortOrder":417},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Constitution of authority for arbitration hearings","content":"## Constitution of authority for arbitration hearings","sortOrder":418},{"sectionNumber":"sec.190","sectionType":"section","heading":"Constitution of authority","content":"### sec.190 Constitution of authority\n\nFor an arbitration, the authority is to be constituted by 2 or more members nominated in writing by the chairperson.\nThe authority, as constituted under subsection (1) , must include an associate member chosen, under section 214D (1) , for the arbitration.\ns 190 amd 2002 No. 56 s 23\n(sec.190-ssec.1) For an arbitration, the authority is to be constituted by 2 or more members nominated in writing by the chairperson.\n(sec.190-ssec.2) The authority, as constituted under subsection (1) , must include an associate member chosen, under section 214D (1) , for the arbitration.","sortOrder":419},{"sectionNumber":"sec.191","sectionType":"section","heading":"Presiding member","content":"### sec.191 Presiding member\n\nIf the chairperson is a member of the authority as constituted for an arbitration, the chairperson is to preside at the arbitration.\nIf the chairperson is not a member of the authority as constituted for an arbitration, the chairperson must nominate a member to preside at the arbitration.\n(sec.191-ssec.1) If the chairperson is a member of the authority as constituted for an arbitration, the chairperson is to preside at the arbitration.\n(sec.191-ssec.2) If the chairperson is not a member of the authority as constituted for an arbitration, the chairperson must nominate a member to preside at the arbitration.","sortOrder":420},{"sectionNumber":"sec.192","sectionType":"section","heading":"Reconstitution of authority","content":"### sec.192 Reconstitution of authority\n\nThis section applies if a member of the authority who is 1 of the members who constitute the authority for an arbitration—\nstops being a member of the authority; or\nfor any reason, is not available for the arbitration.\nFor finishing the arbitration, the chairperson must direct that the authority is to be constituted by—\nthe remaining member or members; or\nthe remaining member or members together with 1 or more other members of the authority.\nIf a direction is given under subsection (2) , the authority as constituted under the direction—\nmust continue and finish the arbitration; and\nfor that purpose, may have regard to any record of the proceedings of the arbitration made by the authority as previously constituted.\nIn subsection (1) , a reference to a member of the authority who is 1 of the members who constitute the authority for an arbitration includes a reference to a member who is 1 of the members for that purpose because of the application on 1 or more occasions of subsection (2) .\n(sec.192-ssec.1) This section applies if a member of the authority who is 1 of the members who constitute the authority for an arbitration— stops being a member of the authority; or for any reason, is not available for the arbitration.\n(sec.192-ssec.2) For finishing the arbitration, the chairperson must direct that the authority is to be constituted by— the remaining member or members; or the remaining member or members together with 1 or more other members of the authority.\n(sec.192-ssec.3) If a direction is given under subsection (2) , the authority as constituted under the direction— must continue and finish the arbitration; and for that purpose, may have regard to any record of the proceedings of the arbitration made by the authority as previously constituted.\n(sec.192-ssec.4) In subsection (1) , a reference to a member of the authority who is 1 of the members who constitute the authority for an arbitration includes a reference to a member who is 1 of the members for that purpose because of the application on 1 or more occasions of subsection (2) .\n- (a) stops being a member of the authority; or\n- (b) for any reason, is not available for the arbitration.\n- (a) the remaining member or members; or\n- (b) the remaining member or members together with 1 or more other members of the authority.\n- (a) must continue and finish the arbitration; and\n- (b) for that purpose, may have regard to any record of the proceedings of the arbitration made by the authority as previously constituted.","sortOrder":421},{"sectionNumber":"sec.193","sectionType":"section","heading":"Deciding questions","content":"### sec.193 Deciding questions\n\nIf the authority is constituted for an arbitration by 2 or more members, any question before the authority is to be decided—\nif paragraph (b) does not apply—according to the opinion of the majority of those members; or\nif the members are evenly divided on the question—according to the opinion of the member presiding.\n- (a) if paragraph (b) does not apply—according to the opinion of the majority of those members; or\n- (b) if the members are evenly divided on the question—according to the opinion of the member presiding.","sortOrder":422},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"General conduct of arbitration hearings","content":"## General conduct of arbitration hearings","sortOrder":423},{"sectionNumber":"sec.194","sectionType":"section","heading":"Hearing normally to be in private","content":"### sec.194 Hearing normally to be in private\n\nAn arbitration hearing must be held in private.\nHowever, if the parties agree, an arbitration hearing, or part of an arbitration hearing, may be held in public.\nIf an arbitration hearing, or part of an arbitration hearing, is being held in private, the member presiding at the arbitration may give written directions about the persons who may be present.\nIn giving a direction, the member presiding must have regard to the wishes of the parties and the need for commercial confidentiality.\nA person must not be present at an arbitration hearing in contravention of a direction under subsection (3) .\nMaximum penalty for subsection (5) —1,000 penalty units or 1 year’s imprisonment.\n(sec.194-ssec.1) An arbitration hearing must be held in private.\n(sec.194-ssec.2) However, if the parties agree, an arbitration hearing, or part of an arbitration hearing, may be held in public.\n(sec.194-ssec.3) If an arbitration hearing, or part of an arbitration hearing, is being held in private, the member presiding at the arbitration may give written directions about the persons who may be present.\n(sec.194-ssec.4) In giving a direction, the member presiding must have regard to the wishes of the parties and the need for commercial confidentiality.\n(sec.194-ssec.5) A person must not be present at an arbitration hearing in contravention of a direction under subsection (3) . Maximum penalty for subsection (5) —1,000 penalty units or 1 year’s imprisonment.","sortOrder":424},{"sectionNumber":"sec.195","sectionType":"section","heading":"Right to representation","content":"### sec.195 Right to representation\n\nIn an arbitration hearing, a party may appear in person or be represented by someone else.","sortOrder":425},{"sectionNumber":"sec.196","sectionType":"section","heading":"General procedures","content":"### sec.196 General procedures\n\nIn an arbitration, the authority—\nmust act with as little formality as possible; and\nis not bound by technicalities, legal forms or rules of evidence; and\nmay inform itself on any matter relevant to the dispute the subject of the arbitration in any way it considers appropriate; and\nmust comply with natural justice; and\nmust act as speedily as a proper consideration of the dispute allows.\nIn acting under subsection (1) (e) , the authority must have regard to the need to carefully and quickly inquire into and investigate the dispute and all matters affecting the merits and fair settlement of the dispute.\nThe authority may—\ndecide the periods that are reasonable and necessary for the fair and adequate presentation of the respective cases of the parties to a dispute; and\nrequire that the cases be presented within the periods.\nThe authority may—\nrequire evidence or argument to be presented in writing; and\ndecide the matters on which it will hear oral evidence or argument.\nThe authority may conduct an arbitration hearing by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the authority and the parties to the arbitration.\ns 196 amd 2000 No. 15 s 44\n(sec.196-ssec.1) In an arbitration, the authority— must act with as little formality as possible; and is not bound by technicalities, legal forms or rules of evidence; and may inform itself on any matter relevant to the dispute the subject of the arbitration in any way it considers appropriate; and must comply with natural justice; and must act as speedily as a proper consideration of the dispute allows.\n(sec.196-ssec.2) In acting under subsection (1) (e) , the authority must have regard to the need to carefully and quickly inquire into and investigate the dispute and all matters affecting the merits and fair settlement of the dispute.\n(sec.196-ssec.3) The authority may— decide the periods that are reasonable and necessary for the fair and adequate presentation of the respective cases of the parties to a dispute; and require that the cases be presented within the periods.\n(sec.196-ssec.4) The authority may— require evidence or argument to be presented in writing; and decide the matters on which it will hear oral evidence or argument.\n(sec.196-ssec.5) The authority may conduct an arbitration hearing by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the authority and the parties to the arbitration.\n- (a) must act with as little formality as possible; and\n- (b) is not bound by technicalities, legal forms or rules of evidence; and\n- (c) may inform itself on any matter relevant to the dispute the subject of the arbitration in any way it considers appropriate; and\n- (d) must comply with natural justice; and\n- (e) must act as speedily as a proper consideration of the dispute allows.\n- (a) decide the periods that are reasonable and necessary for the fair and adequate presentation of the respective cases of the parties to a dispute; and\n- (b) require that the cases be presented within the periods.\n- (a) require evidence or argument to be presented in writing; and\n- (b) decide the matters on which it will hear oral evidence or argument.","sortOrder":426},{"sectionNumber":"sec.197","sectionType":"section","heading":"Particular powers of authority","content":"### sec.197 Particular powers of authority\n\nThe authority may do any of the following things for an arbitration—\ngive a direction in the course of, or for, the arbitration;\nhear and decide the arbitration in the absence of a person who has been given a notice to appear;\nsit at any place;\nadjourn to any time and place;\nrefer any matter to an expert for the matter and accept the expert’s statement as evidence;\ngenerally give directions, and do things, that are necessary or expedient for the speedy hearing and determination of the dispute.\nIn this section—\nexpert , for a matter, means a person whom the authority reasonably believes is an independent person whose profession or reputation gives authority to a statement made by the person about the matter.\ns 197 amd 2000 No. 15 s 45\n(sec.197-ssec.1) The authority may do any of the following things for an arbitration— give a direction in the course of, or for, the arbitration; hear and decide the arbitration in the absence of a person who has been given a notice to appear; sit at any place; adjourn to any time and place; refer any matter to an expert for the matter and accept the expert’s statement as evidence; generally give directions, and do things, that are necessary or expedient for the speedy hearing and determination of the dispute.\n(sec.197-ssec.2) In this section— expert , for a matter, means a person whom the authority reasonably believes is an independent person whose profession or reputation gives authority to a statement made by the person about the matter.\n- (a) give a direction in the course of, or for, the arbitration;\n- (b) hear and decide the arbitration in the absence of a person who has been given a notice to appear;\n- (c) sit at any place;\n- (d) adjourn to any time and place;\n- (e) refer any matter to an expert for the matter and accept the expert’s statement as evidence;\n- (f) generally give directions, and do things, that are necessary or expedient for the speedy hearing and determination of the dispute.","sortOrder":427},{"sectionNumber":"sec.198","sectionType":"section","heading":"Disclosing information","content":"### sec.198 Disclosing information\n\nThe authority may give an oral or written direction to a person prohibiting or restricting the person from divulging or communicating to anyone else, without the authority’s consent, stated information given to the person in the course of an arbitration.\nA person must not contravene a direction under subsection (1) .\nMaximum penalty for subsection (2) —1,000 penalty units or 1 year’s imprisonment.\n(sec.198-ssec.1) The authority may give an oral or written direction to a person prohibiting or restricting the person from divulging or communicating to anyone else, without the authority’s consent, stated information given to the person in the course of an arbitration.\n(sec.198-ssec.2) A person must not contravene a direction under subsection (1) . Maximum penalty for subsection (2) —1,000 penalty units or 1 year’s imprisonment.","sortOrder":428},{"sectionNumber":"sec.199","sectionType":"section","heading":"Taking evidence","content":"### sec.199 Taking evidence\n\nFor conducting an arbitration, the authority may take evidence on oath or affirmation.\nFor subsection (1) , a member may administer an oath or affirmation to a person.\n(sec.199-ssec.1) For conducting an arbitration, the authority may take evidence on oath or affirmation.\n(sec.199-ssec.2) For subsection (1) , a member may administer an oath or affirmation to a person.","sortOrder":429},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Witnesses at arbitration hearings","content":"## Witnesses at arbitration hearings","sortOrder":430},{"sectionNumber":"sec.200","sectionType":"section","heading":"Notice to witness","content":"### sec.200 Notice to witness\n\nFor an arbitration hearing, the member presiding at the hearing may, by written notice given to an officer of a government agency or to another person, require the officer or other person to attend before the authority at a stated time and place to give evidence or produce a stated document.","sortOrder":431},{"sectionNumber":"sec.201","sectionType":"section","heading":"Witness fees","content":"### sec.201 Witness fees\n\nA person (other than an officer of a government agency) given a notice to attend as a witness at an arbitration hearing is entitled to be paid—\nthe witness fees prescribed under a regulation; or\nif no witness fees are prescribed—the reasonable witness fees decided by the member presiding at the hearing.\n- (a) the witness fees prescribed under a regulation; or\n- (b) if no witness fees are prescribed—the reasonable witness fees decided by the member presiding at the hearing.","sortOrder":432},{"sectionNumber":"sec.202","sectionType":"section","heading":"Failure of witness to attend","content":"### sec.202 Failure of witness to attend\n\nA person given a notice to attend as a witness at an arbitration hearing must not, without reasonable excuse—\nfail to attend as required by the notice; or\nfail to continue to attend as required by a member, unless excused from further attendance by a member.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\n- (a) fail to attend as required by the notice; or\n- (b) fail to continue to attend as required by a member, unless excused from further attendance by a member.","sortOrder":433},{"sectionNumber":"sec.203","sectionType":"section","heading":"Other offences by witnesses","content":"### sec.203 Other offences by witnesses\n\nA person appearing as a witness at an arbitration hearing must not, without reasonable excuse—\nfail to take an oath or make an affirmation when required by the member presiding at the hearing; or\nfail to answer a question the person is required to answer by a member; or\nfail to produce a document the person is required to produce by a notice under section 200 .\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nIt is a reasonable excuse to refuse to answer a question or produce a document on the ground that the answer or production of the document might tend to incriminate the person.\n(sec.203-ssec.1) A person appearing as a witness at an arbitration hearing must not, without reasonable excuse— fail to take an oath or make an affirmation when required by the member presiding at the hearing; or fail to answer a question the person is required to answer by a member; or fail to produce a document the person is required to produce by a notice under section 200 . Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.203-ssec.2) It is a reasonable excuse to refuse to answer a question or produce a document on the ground that the answer or production of the document might tend to incriminate the person.\n- (a) fail to take an oath or make an affirmation when required by the member presiding at the hearing; or\n- (b) fail to answer a question the person is required to answer by a member; or\n- (c) fail to produce a document the person is required to produce by a notice under section 200 .","sortOrder":434},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":435},{"sectionNumber":"sec.204","sectionType":"section","heading":"Contempt","content":"### sec.204 Contempt\n\nA person must not do any act or thing in relation to an arbitration that would be a contempt of court if the authority were a court of record.\nMaximum penalty—500 penalty units or 6 months imprisonment.","sortOrder":436},{"sectionNumber":"sec.205","sectionType":"section","heading":"Giving information and documents to authority","content":"### sec.205 Giving information and documents to authority\n\nFor an arbitration hearing, the member presiding at the hearing may, by written notice given to an officer of a government agency or to another person, require the officer or other person to do either or both of the following—\ngive a statement setting out stated information to the authority on or before a stated day;\nproduce a stated document to the authority on or before a stated day.\nThe day stated in the notice for subsection (1) (a) or (b) must be reasonable.\nThe person to whom the notice is given must comply with the notice to the extent to which the person is able to comply with it, unless the person has a reasonable excuse.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nIt is a reasonable excuse for a person to fail to comply with the notice if complying with the notice might tend to incriminate the person.\n(sec.205-ssec.1) For an arbitration hearing, the member presiding at the hearing may, by written notice given to an officer of a government agency or to another person, require the officer or other person to do either or both of the following— give a statement setting out stated information to the authority on or before a stated day; produce a stated document to the authority on or before a stated day.\n(sec.205-ssec.2) The day stated in the notice for subsection (1) (a) or (b) must be reasonable.\n(sec.205-ssec.3) The person to whom the notice is given must comply with the notice to the extent to which the person is able to comply with it, unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.205-ssec.4) It is a reasonable excuse for a person to fail to comply with the notice if complying with the notice might tend to incriminate the person.\n- (a) give a statement setting out stated information to the authority on or before a stated day;\n- (b) produce a stated document to the authority on or before a stated day.","sortOrder":437},{"sectionNumber":"sec.206","sectionType":"section","heading":"Handling of documents","content":"### sec.206 Handling of documents\n\nIf a document is produced to the authority for an arbitration, the authority may—\ninspect the document; and\nmake copies of the document if it is relevant to the arbitration.\nAlso, the authority may take possession of the document, and keep it while it is necessary for the arbitration.\nWhile it keeps a document, the authority must allow a person otherwise entitled to possession of it to inspect or copy the document at a reasonable time and place the authority decides.\n(sec.206-ssec.1) If a document is produced to the authority for an arbitration, the authority may— inspect the document; and make copies of the document if it is relevant to the arbitration.\n(sec.206-ssec.2) Also, the authority may take possession of the document, and keep it while it is necessary for the arbitration.\n(sec.206-ssec.3) While it keeps a document, the authority must allow a person otherwise entitled to possession of it to inspect or copy the document at a reasonable time and place the authority decides.\n- (a) inspect the document; and\n- (b) make copies of the document if it is relevant to the arbitration.","sortOrder":438},{"sectionNumber":"sec.207","sectionType":"section","heading":"Confidential information","content":"### sec.207 Confidential information\n\nThis section applies if a party to an arbitration (the applicant ) believes that—\nstated information to be made available in the arbitration is confidential; and\nthe disclosure of the information to another party to the arbitration is likely to damage the applicant’s commercial activities.\nThe applicant may—\ninform the authority of the applicant’s belief; and\nask the authority not to disclose the information to the other party.\nOn receiving a request, the authority must—\ninform the other party or parties of the request and general nature of the information to which the request relates; and\nask the other party or parties whether there is any objection to the authority complying with the request.\nIf a party objects to the authority complying with a request, the party may inform the authority of its objection and the reasons for it.\nIf, after considering a request, and any objection and any further submission a party has made about the request, the authority is satisfied the applicant’s belief is justified and that the disclosure of the information to another party would not be in the public interest, the authority must take all reasonable steps to ensure the information is not, without the applicant’s consent, disclosed to the other party.\nIn this section—\ncommercial activities means activities conducted on a commercial basis.\n(sec.207-ssec.1) This section applies if a party to an arbitration (the applicant ) believes that— stated information to be made available in the arbitration is confidential; and the disclosure of the information to another party to the arbitration is likely to damage the applicant’s commercial activities.\n(sec.207-ssec.2) The applicant may— inform the authority of the applicant’s belief; and ask the authority not to disclose the information to the other party.\n(sec.207-ssec.3) On receiving a request, the authority must— inform the other party or parties of the request and general nature of the information to which the request relates; and ask the other party or parties whether there is any objection to the authority complying with the request.\n(sec.207-ssec.4) If a party objects to the authority complying with a request, the party may inform the authority of its objection and the reasons for it.\n(sec.207-ssec.5) If, after considering a request, and any objection and any further submission a party has made about the request, the authority is satisfied the applicant’s belief is justified and that the disclosure of the information to another party would not be in the public interest, the authority must take all reasonable steps to ensure the information is not, without the applicant’s consent, disclosed to the other party.\n(sec.207-ssec.6) In this section— commercial activities means activities conducted on a commercial basis.\n- (a) stated information to be made available in the arbitration is confidential; and\n- (b) the disclosure of the information to another party to the arbitration is likely to damage the applicant’s commercial activities.\n- (a) inform the authority of the applicant’s belief; and\n- (b) ask the authority not to disclose the information to the other party.\n- (a) inform the other party or parties of the request and general nature of the information to which the request relates; and\n- (b) ask the other party or parties whether there is any objection to the authority complying with the request.","sortOrder":439},{"sectionNumber":"sec.208","sectionType":"section","heading":"Costs","content":"### sec.208 Costs\n\nIn an arbitration, the authority may make any order it considers appropriate about—\nthe payment by a party (the designated party ) of the costs, or part of the costs, incurred by another party in the conduct of the arbitration; or\nthe payment by a party (also the designated party ) of the costs, or part of the costs, incurred by the authority in conducting the arbitration.\nThe costs ordered to be paid by a designated party to another party or the authority may be recovered by the other party or authority as a debt owing to the other party or authority by the designated party.\nIf, in an arbitration, the dispute notice is withdrawn before the authority makes a determination, a reference in this section to the costs incurred by a party in the conduct of the arbitration, or to the costs incurred by the authority in conducting the arbitration, includes a reference to the costs incurred by the party or authority in relation to the arbitration before the notice is withdrawn.\nThis section applies despite section 115 (5) .\n(sec.208-ssec.1) In an arbitration, the authority may make any order it considers appropriate about— the payment by a party (the designated party ) of the costs, or part of the costs, incurred by another party in the conduct of the arbitration; or the payment by a party (also the designated party ) of the costs, or part of the costs, incurred by the authority in conducting the arbitration.\n(sec.208-ssec.2) The costs ordered to be paid by a designated party to another party or the authority may be recovered by the other party or authority as a debt owing to the other party or authority by the designated party.\n(sec.208-ssec.3) If, in an arbitration, the dispute notice is withdrawn before the authority makes a determination, a reference in this section to the costs incurred by a party in the conduct of the arbitration, or to the costs incurred by the authority in conducting the arbitration, includes a reference to the costs incurred by the party or authority in relation to the arbitration before the notice is withdrawn.\n(sec.208-ssec.4) This section applies despite section 115 (5) .\n- (a) the payment by a party (the designated party ) of the costs, or part of the costs, incurred by another party in the conduct of the arbitration; or\n- (b) the payment by a party (also the designated party ) of the costs, or part of the costs, incurred by the authority in conducting the arbitration.","sortOrder":440},{"sectionNumber":"pt.8","sectionType":"part","heading":"Other provisions about the authority","content":"# Other provisions about the authority","sortOrder":441},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Membership of authority","content":"## Membership of authority","sortOrder":442},{"sectionNumber":"sec.209","sectionType":"section","heading":"Composition of authority","content":"### sec.209 Composition of authority\n\nThe authority consists of at least 3 members.\nThe members are to be appointed by the Governor in Council.\nIn appointing a member, regard must be had to the desirability of the members collectively having knowledge and understanding of commerce, economics, the interests of consumers and the interests of the Government in government agencies that carry on business activities.\nA member must be appointed under this Act and not the Public Sector Act 2022 .\ns 209 amd 2008 No. 38 s 252 sch 3 ; 2022 No. 34 s 365 sch 3\n(sec.209-ssec.1) The authority consists of at least 3 members.\n(sec.209-ssec.2) The members are to be appointed by the Governor in Council.\n(sec.209-ssec.3) In appointing a member, regard must be had to the desirability of the members collectively having knowledge and understanding of commerce, economics, the interests of consumers and the interests of the Government in government agencies that carry on business activities.\n(sec.209-ssec.4) A member must be appointed under this Act and not the Public Sector Act 2022 .","sortOrder":443},{"sectionNumber":"sec.210","sectionType":"section","heading":"Chairperson and deputy chairperson of authority","content":"### sec.210 Chairperson and deputy chairperson of authority\n\nThe Governor in Council must appoint a member as chairperson, and another member as deputy chairperson, of the authority.\nAn appointment under subsection (1) may be made by the instrument appointing the person concerned as a member of the authority.\n(sec.210-ssec.1) The Governor in Council must appoint a member as chairperson, and another member as deputy chairperson, of the authority.\n(sec.210-ssec.2) An appointment under subsection (1) may be made by the instrument appointing the person concerned as a member of the authority.","sortOrder":444},{"sectionNumber":"sec.211","sectionType":"section","heading":"Duration of appointment","content":"### sec.211 Duration of appointment\n\nA member is appointed for the term (not longer than 5 years) stated in the member’s instrument of appointment.\nThe office of a member becomes vacant if—\nthe member resigns by signed notice of resignation given to the Minister; or\nthe member is found guilty of an indictable offence; or\nthe member’s appointment is ended under subsection (3) .\nThe Governor in Council may end a member’s appointment if—\nthe member engages in misbehaviour; or\nthe member becomes incapable of performing the duties of a member because of physical or mental incapacity; or\nthe member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\nthe member is absent from 3 consecutive meetings of the authority without the authority’s approval and without reasonable excuse.\ns 211 amd 2013 No. 39 s 43 sch 1\n(sec.211-ssec.1) A member is appointed for the term (not longer than 5 years) stated in the member’s instrument of appointment.\n(sec.211-ssec.2) The office of a member becomes vacant if— the member resigns by signed notice of resignation given to the Minister; or the member is found guilty of an indictable offence; or the member’s appointment is ended under subsection (3) .\n(sec.211-ssec.3) The Governor in Council may end a member’s appointment if— the member engages in misbehaviour; or the member becomes incapable of performing the duties of a member because of physical or mental incapacity; or the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or the member is absent from 3 consecutive meetings of the authority without the authority’s approval and without reasonable excuse.\n- (a) the member resigns by signed notice of resignation given to the Minister; or\n- (b) the member is found guilty of an indictable offence; or\n- (c) the member’s appointment is ended under subsection (3) .\n- (a) the member engages in misbehaviour; or\n- (b) the member becomes incapable of performing the duties of a member because of physical or mental incapacity; or\n- (c) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\n- (d) the member is absent from 3 consecutive meetings of the authority without the authority’s approval and without reasonable excuse.","sortOrder":445},{"sectionNumber":"sec.212","sectionType":"section","heading":"Conditions of appointment","content":"### sec.212 Conditions of appointment\n\nA member is entitled to be paid the remuneration and allowances that may be decided by the Governor in Council.\nA member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\nA member may be appointed on a full-time or part-time basis.\n(sec.212-ssec.1) A member is entitled to be paid the remuneration and allowances that may be decided by the Governor in Council.\n(sec.212-ssec.2) A member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\n(sec.212-ssec.3) A member may be appointed on a full-time or part-time basis.","sortOrder":446},{"sectionNumber":"pt.8-div.1A","sectionType":"division","heading":"Panel of associate members","content":"## Panel of associate members","sortOrder":447},{"sectionNumber":"sec.213","sectionType":"section","heading":"Panel","content":"### sec.213 Panel\n\nThere is to be a panel of associate members.\ns 213 amd 2000 No. 15 s 2 sch\nsub 2002 No. 56 s 24","sortOrder":448},{"sectionNumber":"sec.214","sectionType":"section","heading":"Appointment of persons to panel","content":"### sec.214 Appointment of persons to panel\n\nThe Governor in Council may, by gazette notice, appoint a person as an associate member.\nA person is qualified to be recommended by the Minister for appointment as an associate member only if the Minister is satisfied the person is appropriately qualified for appointment because of the person’s knowledge of, or experience in, issues relevant to investigations, mediations or arbitrations under this Act.\ns 214 amd 2000 No. 15 s 2 sch\nsub 2002 No. 56 s 24\n(sec.214-ssec.1) The Governor in Council may, by gazette notice, appoint a person as an associate member.\n(sec.214-ssec.2) A person is qualified to be recommended by the Minister for appointment as an associate member only if the Minister is satisfied the person is appropriately qualified for appointment because of the person’s knowledge of, or experience in, issues relevant to investigations, mediations or arbitrations under this Act.","sortOrder":449},{"sectionNumber":"sec.214A","sectionType":"section","heading":"Term of appointment","content":"### sec.214A Term of appointment\n\nAn associate member may be appointed for a term not longer than 5 years.\ns 214A ins 2002 No. 56 s 24","sortOrder":450},{"sectionNumber":"sec.214B","sectionType":"section","heading":"Conditions of appointment","content":"### sec.214B Conditions of appointment\n\nAn associate member holds office on the conditions decided by the Governor in Council.\ns 214B ins 2002 No. 56 s 24","sortOrder":451},{"sectionNumber":"sec.214C","sectionType":"section","heading":"Vacation of office","content":"### sec.214C Vacation of office\n\nAn associate member vacates the member’s office if—\nthe member resigns by signed notice of resignation given to the Minister; or\nthe Governor in Council, by written notice given to the member, removes the member from the panel of associate members.\ns 214C ins 2002 No. 56 s 24\n- (a) the member resigns by signed notice of resignation given to the Minister; or\n- (b) the Governor in Council, by written notice given to the member, removes the member from the panel of associate members.","sortOrder":452},{"sectionNumber":"sec.214D","sectionType":"section","heading":"Choice of 1 or more associate members for a particular investigation, mediation or arbitration","content":"### sec.214D Choice of 1 or more associate members for a particular investigation, mediation or arbitration\n\nFor a particular investigation or arbitration, the chairperson may choose 1 or more associate members to be a member, or members, of the authority for the investigation or arbitration.\nAn associate member chosen to be a member of the authority for a particular investigation is taken to be a member of the authority for the exercise of the authority’s powers under this Act for the investigation.\nFor a particular mediation, the chairperson may choose 1 or more associate members to be 1 or more of the persons who constitute the mediator for the mediation.\ns 214D ins 2002 No. 56 s 24\n(sec.214D-ssec.1) For a particular investigation or arbitration, the chairperson may choose 1 or more associate members to be a member, or members, of the authority for the investigation or arbitration.\n(sec.214D-ssec.2) An associate member chosen to be a member of the authority for a particular investigation is taken to be a member of the authority for the exercise of the authority’s powers under this Act for the investigation.\n(sec.214D-ssec.3) For a particular mediation, the chairperson may choose 1 or more associate members to be 1 or more of the persons who constitute the mediator for the mediation.","sortOrder":453},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Proceedings of authority","content":"## Proceedings of authority","sortOrder":454},{"sectionNumber":"sec.215","sectionType":"section","heading":"Times and places of meetings","content":"### sec.215 Times and places of meetings\n\nThe authority may hold its meetings when and where it decides.\nThe chairperson—\nmay call a meeting of the authority at any time; and\nmust call a meeting if asked by at least the required minimum number of members.\n(sec.215-ssec.1) The authority may hold its meetings when and where it decides.\n(sec.215-ssec.2) The chairperson— may call a meeting of the authority at any time; and must call a meeting if asked by at least the required minimum number of members.\n- (a) may call a meeting of the authority at any time; and\n- (b) must call a meeting if asked by at least the required minimum number of members.","sortOrder":455},{"sectionNumber":"sec.216","sectionType":"section","heading":"Presiding member at meetings","content":"### sec.216 Presiding member at meetings\n\nThe chairperson presides at all meetings of the authority at which the chairperson is present.\nIf the chairperson is absent, the deputy chairperson presides.\nIf both the chairperson and deputy chairperson are absent, the member chosen by the members present at the meeting presides.\n(sec.216-ssec.1) The chairperson presides at all meetings of the authority at which the chairperson is present.\n(sec.216-ssec.2) If the chairperson is absent, the deputy chairperson presides.\n(sec.216-ssec.3) If both the chairperson and deputy chairperson are absent, the member chosen by the members present at the meeting presides.","sortOrder":456},{"sectionNumber":"sec.217","sectionType":"section","heading":"Quorum and voting at meetings","content":"### sec.217 Quorum and voting at meetings\n\nAt a meeting of the authority—\nthe required minimum number of members constitute a quorum; and\na question is decided by a majority of the votes of the members present and voting; and\neach member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.\nHowever, an associate member may vote at a meeting of the authority only if the meeting is held for the investigation for which the member is appointed.\n(sec.217-ssec.1) At a meeting of the authority— the required minimum number of members constitute a quorum; and a question is decided by a majority of the votes of the members present and voting; and each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.\n(sec.217-ssec.2) However, an associate member may vote at a meeting of the authority only if the meeting is held for the investigation for which the member is appointed.\n- (a) the required minimum number of members constitute a quorum; and\n- (b) a question is decided by a majority of the votes of the members present and voting; and\n- (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.","sortOrder":457},{"sectionNumber":"sec.218","sectionType":"section","heading":"Conduct of proceedings","content":"### sec.218 Conduct of proceedings\n\nSubject to this division, the authority may conduct its proceedings (including its meetings) in the way it considers appropriate.\nThe authority may hold meetings, or allow members to take part in its meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\nA member who takes part in a meeting of the authority under subsection (2) is taken to be present at the meeting.\nA resolution is a valid resolution of the authority, even though it is not passed at a meeting of the authority, if—\nthe required minimum number of members give written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the authority.\n(sec.218-ssec.1) Subject to this division, the authority may conduct its proceedings (including its meetings) in the way it considers appropriate.\n(sec.218-ssec.2) The authority may hold meetings, or allow members to take part in its meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\n(sec.218-ssec.3) A member who takes part in a meeting of the authority under subsection (2) is taken to be present at the meeting.\n(sec.218-ssec.4) A resolution is a valid resolution of the authority, even though it is not passed at a meeting of the authority, if— the required minimum number of members give written agreement to the resolution; and notice of the resolution is given under procedures approved by the authority.\n- (a) the required minimum number of members give written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the authority.","sortOrder":458},{"sectionNumber":"sec.219","sectionType":"section","heading":"Disclosure of interests","content":"### sec.219 Disclosure of interests\n\nThis section applies to a member if—\nthe member, or a person who, under a regulation, is related to the member, has a direct or indirect interest in an issue being considered, or about to be considered, by the authority; and\nthe interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\nHowever, this section does not apply to the member if the interest consists only of the receipt of goods or services that—\nalso are available to members of the public; and\nare made available on the same terms as apply to members of the public.\nAs soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the authority.\nAs soon as practicable after the nature of the interest is disclosed, the authority must give written notice of the disclosure to the Minister.\nUnless the Minister otherwise directs, the member must not—\nbe present when the authority considers the issue; or\ntake part in a decision of the authority on the issue.\nIf, because of this section, a member is not present at a meeting of the authority for considering or deciding an issue, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the issue at the meeting.\nA disclosure under subsection (3) must be recorded in the authority’s minutes.\ns 219 amd 2013 No. 39 s 43 sch 1\n(sec.219-ssec.1) This section applies to a member if— the member, or a person who, under a regulation, is related to the member, has a direct or indirect interest in an issue being considered, or about to be considered, by the authority; and the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\n(sec.219-ssec.2) However, this section does not apply to the member if the interest consists only of the receipt of goods or services that— also are available to members of the public; and are made available on the same terms as apply to members of the public.\n(sec.219-ssec.3) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the authority.\n(sec.219-ssec.4) As soon as practicable after the nature of the interest is disclosed, the authority must give written notice of the disclosure to the Minister.\n(sec.219-ssec.5) Unless the Minister otherwise directs, the member must not— be present when the authority considers the issue; or take part in a decision of the authority on the issue.\n(sec.219-ssec.6) If, because of this section, a member is not present at a meeting of the authority for considering or deciding an issue, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the issue at the meeting.\n(sec.219-ssec.7) A disclosure under subsection (3) must be recorded in the authority’s minutes.\n- (a) the member, or a person who, under a regulation, is related to the member, has a direct or indirect interest in an issue being considered, or about to be considered, by the authority; and\n- (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\n- (a) also are available to members of the public; and\n- (b) are made available on the same terms as apply to members of the public.\n- (a) be present when the authority considers the issue; or\n- (b) take part in a decision of the authority on the issue.","sortOrder":459},{"sectionNumber":"sec.220","sectionType":"section","heading":"Minutes","content":"### sec.220 Minutes\n\nThe authority must keep minutes of its proceedings.","sortOrder":460},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Staff of authority","content":"## Staff of authority","sortOrder":461},{"sectionNumber":"sec.221","sectionType":"section","heading":"Chief executive officer","content":"### sec.221 Chief executive officer\n\nThe authority may engage a chief executive officer (however called).\nThe chief executive officer is responsible for ensuring the authority is managed as required by the policies of the authority.\nA member must not be engaged as chief executive officer.\n(sec.221-ssec.1) The authority may engage a chief executive officer (however called).\n(sec.221-ssec.2) The chief executive officer is responsible for ensuring the authority is managed as required by the policies of the authority.\n(sec.221-ssec.3) A member must not be engaged as chief executive officer.","sortOrder":462},{"sectionNumber":"sec.222","sectionType":"section","heading":"Authority staff","content":"### sec.222 Authority staff\n\nThe authority may engage the other employees it considers necessary to perform its functions.","sortOrder":463},{"sectionNumber":"sec.223","sectionType":"section","heading":"Conditions of employment","content":"### sec.223 Conditions of employment\n\nThe authority may decide its employees’ conditions of appointment.\nHowever, subsection 1 has effect subject to an industrial instrument under the Industrial Relations Act 2016 .\nThe Public Sector Act 2022 does not apply for the appointment of the authority’s employees.\nIn this section—\nconditions of employment includes conditions about the length of the employment and ending the employment.\nemployee , of the authority, includes the chief executive officer.\ns 223 amd 2009 No. 25 s 83 sch ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3\n(sec.223-ssec.1) The authority may decide its employees’ conditions of appointment.\n(sec.223-ssec.2) However, subsection 1 has effect subject to an industrial instrument under the Industrial Relations Act 2016 .\n(sec.223-ssec.3) The Public Sector Act 2022 does not apply for the appointment of the authority’s employees.\n(sec.223-ssec.4) In this section— conditions of employment includes conditions about the length of the employment and ending the employment. employee , of the authority, includes the chief executive officer.","sortOrder":464},{"sectionNumber":"sec.224","sectionType":"section","heading":"Alternative staffing arrangements","content":"### sec.224 Alternative staffing arrangements\n\nThe authority may arrange with the chief executive of a government agency for the services of staff, or for facilities, of the agency to be made available to the authority.","sortOrder":465},{"sectionNumber":"sec.225","sectionType":"section","heading":"Rights of former public service officers","content":"### sec.225 Rights of former public service officers\n\nThis section applies to a person who—\nis employed by the authority in a permanent or full-time capacity; and\nimmediately before being so employed, was a public service officer.\nThe employee may claim against the authority the leave and other entitlements that had accrued to the employee as a public service officer and had not been taken, or claimed and paid.\nFor accruing long service leave and other entitlements, the period for which the employee was a public service officer immediately before becoming an employee of the authority is taken to be service as an employee of the authority.\nThe authority may ask the Treasurer to pay to it from the consolidated fund an amount, calculated on an actuarial basis, that represents the fair value of the leave and other entitlements that an employee of the authority may claim against the authority.\nThe Treasurer may agree to the request and pay the amount from the consolidated fund without further appropriation.\nThis section does not authorise an employee of the authority to claim or receive a benefit twice for the same entitlement.\n(sec.225-ssec.1) This section applies to a person who— is employed by the authority in a permanent or full-time capacity; and immediately before being so employed, was a public service officer.\n(sec.225-ssec.2) The employee may claim against the authority the leave and other entitlements that had accrued to the employee as a public service officer and had not been taken, or claimed and paid.\n(sec.225-ssec.3) For accruing long service leave and other entitlements, the period for which the employee was a public service officer immediately before becoming an employee of the authority is taken to be service as an employee of the authority.\n(sec.225-ssec.4) The authority may ask the Treasurer to pay to it from the consolidated fund an amount, calculated on an actuarial basis, that represents the fair value of the leave and other entitlements that an employee of the authority may claim against the authority.\n(sec.225-ssec.5) The Treasurer may agree to the request and pay the amount from the consolidated fund without further appropriation.\n(sec.225-ssec.6) This section does not authorise an employee of the authority to claim or receive a benefit twice for the same entitlement.\n- (a) is employed by the authority in a permanent or full-time capacity; and\n- (b) immediately before being so employed, was a public service officer.","sortOrder":466},{"sectionNumber":"sec.226","sectionType":"section","heading":"Superannuation schemes","content":"### sec.226 Superannuation schemes\n\nThe authority may—\nestablish and maintain, or amend, superannuation schemes; or\njoin in establishing or amending superannuation schemes; or\ntake part in superannuation schemes.\nThe auditor general may audit a scheme established and maintained by the authority.\n(sec.226-ssec.1) The authority may— establish and maintain, or amend, superannuation schemes; or join in establishing or amending superannuation schemes; or take part in superannuation schemes.\n(sec.226-ssec.2) The auditor general may audit a scheme established and maintained by the authority.\n- (a) establish and maintain, or amend, superannuation schemes; or\n- (b) join in establishing or amending superannuation schemes; or\n- (c) take part in superannuation schemes.","sortOrder":467},{"sectionNumber":"sec.227","sectionType":"section","heading":null,"content":"### Section sec.227\n\ns 227 amd 1997 No. 77 s 95\nom 2016 No. 64 s 79 sch 1","sortOrder":468},{"sectionNumber":"pt.8-div.3A","sectionType":"division","heading":"Registers","content":"## Registers","sortOrder":469},{"sectionNumber":"sec.227A","sectionType":"section","heading":"Keeping registers","content":"### sec.227A Keeping registers\n\nThe authority may keep a register in the way it considers appropriate.\nHowever, if the register is a register of distribution network codes under the Electricity Act 1994 or the Gas Supply Act 2003 , the authority must keep the register in a way that ensures each code included in the register is published on its website.\ns 227A ins 2000 No. 15 s 46\nsub 2006 No. 60 s 174\namd 2014 No. 48 s 180\n(sec.227A-ssec.1) The authority may keep a register in the way it considers appropriate.\n(sec.227A-ssec.2) However, if the register is a register of distribution network codes under the Electricity Act 1994 or the Gas Supply Act 2003 , the authority must keep the register in a way that ensures each code included in the register is published on its website.","sortOrder":470},{"sectionNumber":"sec.227B","sectionType":"section","heading":"Availability of registers for inspection","content":"### sec.227B Availability of registers for inspection\n\nThe authority must keep each register open for inspection by members of the public during office hours on business days at—\nthe authority’s head office; and\nother places the authority considers appropriate.\ns 227B ins 2000 No. 15 s 46\n- (a) the authority’s head office; and\n- (b) other places the authority considers appropriate.","sortOrder":471},{"sectionNumber":"sec.227C","sectionType":"section","heading":"Inspection of registers","content":"### sec.227C Inspection of registers\n\nOn payment of the fee prescribed under a regulation, the authority must—\npermit a person to inspect a register; or\ngive a person a copy of a register, or a part of it.\ns 227C ins 2000 No. 15 s 46\n- (a) permit a person to inspect a register; or\n- (b) give a person a copy of a register, or a part of it.","sortOrder":472},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":473},{"sectionNumber":"sec.228","sectionType":"section","heading":"Seal","content":"### sec.228 Seal\n\nJudicial notice must be taken of the imprint of the authority’s common seal appearing on a document, and the document must be presumed to have been properly sealed unless the contrary is proved.","sortOrder":474},{"sectionNumber":"sec.229","sectionType":"section","heading":"Application of certain Acts","content":"### sec.229 Application of certain Acts\n\nThe authority is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na prescribed entity for the Public Sector Act 2022 , section 25 , definition prescribed entity , paragraph (c) ; and\na statutory body under the Financial Accountability Act 2009 ; and\nan agency under the Ombudsman Act 2001 .\ns 229 amd 2001 No. 69 s 378 sch 1 ; 2001 No. 73 s 96 sch 1 ; 2002 No. 11 s 62 sch 1 ; 2008 No. 38 s 252 sch 3 ; 2009 No. 9 s 136 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2022 No. 34 s 365 sch 3\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a prescribed entity for the Public Sector Act 2022 , section 25 , definition prescribed entity , paragraph (c) ; and\n- (c) a statutory body under the Financial Accountability Act 2009 ; and\n- (e) an agency under the Ombudsman Act 2001 .","sortOrder":475},{"sectionNumber":"pt.9","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":476},{"sectionNumber":"sec.230","sectionType":"section","heading":"False or misleading statements","content":"### sec.230 False or misleading statements\n\nA person must not state anything to the authority the person knows is false or misleading in a material particular.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.\n(sec.230-ssec.1) A person must not state anything to the authority the person knows is false or misleading in a material particular. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.230-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.","sortOrder":477},{"sectionNumber":"sec.231","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.231 False, misleading or incomplete documents\n\nA person must not give the authority a document containing information the person knows is false, misleading or incomplete in a material particular.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nHowever, a person does not commit an offence against subsection (1) if the person, when giving the document—\ntells the authority, to the best of the person’s knowledge, how it is false, misleading or incomplete; and\nif the person has, or can reasonably obtain, the correct information—gives the authority the correct information.\nUnless the authority agrees that the information to be given to the authority under subsection (2) (a) or (b) may be given orally, a person does not comply with the paragraph unless the information is given in writing.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\n(sec.231-ssec.1) A person must not give the authority a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.231-ssec.2) However, a person does not commit an offence against subsection (1) if the person, when giving the document— tells the authority, to the best of the person’s knowledge, how it is false, misleading or incomplete; and if the person has, or can reasonably obtain, the correct information—gives the authority the correct information.\n(sec.231-ssec.3) Unless the authority agrees that the information to be given to the authority under subsection (2) (a) or (b) may be given orally, a person does not comply with the paragraph unless the information is given in writing.\n(sec.231-ssec.4) It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\n- (a) tells the authority, to the best of the person’s knowledge, how it is false, misleading or incomplete; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the authority the correct information.","sortOrder":478},{"sectionNumber":"sec.232","sectionType":"section","heading":"Obstructing members or employees of authority","content":"### sec.232 Obstructing members or employees of authority\n\nA person must not obstruct a member or employee of the authority in the exercise of the member’s or employee’s functions under this Act, unless the person has a reasonable excuse.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nIn this section—\nobstruct includes hinder, intimidate or threaten.\n(sec.232-ssec.1) A person must not obstruct a member or employee of the authority in the exercise of the member’s or employee’s functions under this Act, unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.232-ssec.2) In this section— obstruct includes hinder, intimidate or threaten.","sortOrder":479},{"sectionNumber":"sec.233","sectionType":"section","heading":"Intimidation","content":"### sec.233 Intimidation\n\nA person must not act improperly towards another person because the other person, in the conduct of an investigation or arbitration by the authority—\nproposes to appear, or has appeared, as a witness before the authority; or\nproposes to produce, or has produced, a document to the authority; or\nproposes to give, or has given, information to the authority.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nFor subsection (1) , a person acts improperly towards another person if the person—\nthreatens or intimidates the other person; or\ncoerces the other person to do, or not to do, something; or\ncauses or procures damage, loss or disadvantage to the other person.\n(sec.233-ssec.1) A person must not act improperly towards another person because the other person, in the conduct of an investigation or arbitration by the authority— proposes to appear, or has appeared, as a witness before the authority; or proposes to produce, or has produced, a document to the authority; or proposes to give, or has given, information to the authority. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.233-ssec.2) For subsection (1) , a person acts improperly towards another person if the person— threatens or intimidates the other person; or coerces the other person to do, or not to do, something; or causes or procures damage, loss or disadvantage to the other person.\n- (a) proposes to appear, or has appeared, as a witness before the authority; or\n- (b) proposes to produce, or has produced, a document to the authority; or\n- (c) proposes to give, or has given, information to the authority.\n- (a) threatens or intimidates the other person; or\n- (b) coerces the other person to do, or not to do, something; or\n- (c) causes or procures damage, loss or disadvantage to the other person.","sortOrder":480},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":481},{"sectionNumber":"sec.234","sectionType":"section","heading":"Disclosure of Cabinet information","content":"### sec.234 Disclosure of Cabinet information\n\nThis Act does not enable the authority or a member to require a person to produce a document containing exempt matter or to answer a question or give a statement relating to exempt matter.\nFor this section, a certificate purporting to be signed by the Attorney-General stating that a document contains, or a question relates to, exempt matter is evidence of the matter stated.\nSubsection (4) applies if, in good faith, a person produces a document, answers a question or gives a statement relating to exempt matter for the purpose of enabling the authority to perform a function mentioned in section 10 (g) (a relevant disclosure ).\nThe relevant disclosure by the person does not, of itself, constitute—\na contravention of the Criminal Code , section 85 ; or\na disciplinary ground under the Public Sector Act 2022 , section 91 (1) (b) or (g) (i) ; or\ncorrupt conduct under the Crime and Corruption Act 2001 , section 15 .\ns 234 amd 2012 No. 25 s 168 ; 2014 No. 21 s 94 (2) sch 2 ; 2021 No. 12 s 204 ; 2022 No. 34 s 365 sch 3\n(sec.234-ssec.1) This Act does not enable the authority or a member to require a person to produce a document containing exempt matter or to answer a question or give a statement relating to exempt matter.\n(sec.234-ssec.2) For this section, a certificate purporting to be signed by the Attorney-General stating that a document contains, or a question relates to, exempt matter is evidence of the matter stated.\n(sec.234-ssec.3) Subsection (4) applies if, in good faith, a person produces a document, answers a question or gives a statement relating to exempt matter for the purpose of enabling the authority to perform a function mentioned in section 10 (g) (a relevant disclosure ).\n(sec.234-ssec.4) The relevant disclosure by the person does not, of itself, constitute— a contravention of the Criminal Code , section 85 ; or a disciplinary ground under the Public Sector Act 2022 , section 91 (1) (b) or (g) (i) ; or corrupt conduct under the Crime and Corruption Act 2001 , section 15 .\n- (a) a contravention of the Criminal Code , section 85 ; or\n- (b) a disciplinary ground under the Public Sector Act 2022 , section 91 (1) (b) or (g) (i) ; or\n- (c) corrupt conduct under the Crime and Corruption Act 2001 , section 15 .","sortOrder":482},{"sectionNumber":"sec.235","sectionType":"section","heading":"Cabinet matters","content":"### sec.235 Cabinet matters\n\nMatter is exempt matter if—\nit has been submitted, or is proposed by a Minister to be submitted, to Cabinet for its consideration and was brought into existence for the purpose of submission for consideration by Cabinet; or\nit forms part of an official record of Cabinet; or\nit is a draft of matter mentioned in paragraph (a) or (b) ; or\nit is a copy of, or contains an extract from, matter or a draft of matter mentioned in paragraph (a) or (b) ; or\nits disclosure would involve the disclosure of any deliberation or decision of Cabinet, other than matter that has been officially published by decision of Cabinet.\nMatter is not exempt under subsection (1) if it is merely factual or statistical matter unless—\nthe disclosure of the matter under this Act would involve the disclosure of any deliberation or decision of Cabinet; and\nthe fact of the deliberation or decision has not been officially published by decision of Cabinet.\n(sec.235-ssec.1) Matter is exempt matter if— it has been submitted, or is proposed by a Minister to be submitted, to Cabinet for its consideration and was brought into existence for the purpose of submission for consideration by Cabinet; or it forms part of an official record of Cabinet; or it is a draft of matter mentioned in paragraph (a) or (b) ; or it is a copy of, or contains an extract from, matter or a draft of matter mentioned in paragraph (a) or (b) ; or its disclosure would involve the disclosure of any deliberation or decision of Cabinet, other than matter that has been officially published by decision of Cabinet.\n(sec.235-ssec.2) Matter is not exempt under subsection (1) if it is merely factual or statistical matter unless— the disclosure of the matter under this Act would involve the disclosure of any deliberation or decision of Cabinet; and the fact of the deliberation or decision has not been officially published by decision of Cabinet.\n- (a) it has been submitted, or is proposed by a Minister to be submitted, to Cabinet for its consideration and was brought into existence for the purpose of submission for consideration by Cabinet; or\n- (b) it forms part of an official record of Cabinet; or\n- (c) it is a draft of matter mentioned in paragraph (a) or (b) ; or\n- (d) it is a copy of, or contains an extract from, matter or a draft of matter mentioned in paragraph (a) or (b) ; or\n- (e) its disclosure would involve the disclosure of any deliberation or decision of Cabinet, other than matter that has been officially published by decision of Cabinet.\n- (a) the disclosure of the matter under this Act would involve the disclosure of any deliberation or decision of Cabinet; and\n- (b) the fact of the deliberation or decision has not been officially published by decision of Cabinet.","sortOrder":483},{"sectionNumber":"sec.235A","sectionType":"section","heading":"Proceedings for offences","content":"### sec.235A Proceedings for offences\n\nProceedings for an offence against this Act may be taken in a summary way under the Justices Act 1886 .\ns 235A ins 2010 No. 53 s 118","sortOrder":484},{"sectionNumber":"sec.236","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.236 Responsibility for acts or omissions of representatives\n\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\nSubsections (3) and (4) apply in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\ns 236 amd 2001 No. 31 s 48 sch\n(sec.236-ssec.1) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n(sec.236-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this Act.\n(sec.236-ssec.3) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.236-ssec.4) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.","sortOrder":485},{"sectionNumber":"sec.237","sectionType":"section","heading":"Protection from liability of member or employee","content":"### sec.237 Protection from liability of member or employee\n\nA member or employee of the authority is not civilly liable for an act done, or omission made, in good faith under this Act.\nIf subsection (1) prevents a civil liability attaching to a member or employee, the liability attaches instead to the authority.\ns 237 amd 1997 No. 77 s 96\n(sec.237-ssec.1) A member or employee of the authority is not civilly liable for an act done, or omission made, in good faith under this Act.\n(sec.237-ssec.2) If subsection (1) prevents a civil liability attaching to a member or employee, the liability attaches instead to the authority.","sortOrder":486},{"sectionNumber":"sec.238","sectionType":"section","heading":"Protection from liability of person giving information to authority","content":"### sec.238 Protection from liability of person giving information to authority\n\nA person is not liable in any way for any loss, damage or injury suffered by another person because of the giving in good faith of information to the authority for this Act.","sortOrder":487},{"sectionNumber":"sec.239","sectionType":"section","heading":"Confidential information—commercial activities","content":"### sec.239 Confidential information—commercial activities\n\nThis section applies if—\ninformation about a person (other than information to which section 187 or 207 applies) is received by the authority; and\nthe authority believes the disclosure of the information—\nwould be likely to damage the person’s commercial activities; and\nwould not be in the public interest.\nThe authority must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person other than—\na member; or\nan employee, consultant or agent of the authority who receives the information in the course of his or her duties; or\nan entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or\nthe regulator under the Electricity Act 1994 , to facilitate the performance of the regulator’s function mentioned in section 63 (1) (c) of that Act; or\nthe regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or\nthe regulator under the Water Supply (Safety and Reliability) Act 2008 , to facilitate the performance of the regulator’s function mentioned in section 11 (1) (c) of that Act; or\nthe energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 .\nIf, under subsection (2) (h) , the authority discloses information to the energy and water ombudsman, it must tell the energy and water ombudsman that the information—\nis confidential information to which this section applies; and\nhas been disclosed under subsection (2) (h) .\nIn this section—\ncommercial activities means activities conducted on a commercial basis.\nperson includes a government agency.\ns 239 amd 1997 No. 77 s 97 ; 2005 No. 37 s 31 ; 2006 No. 60 s 175 ; 2006 No. 61 s 95 ; 2008 No. 34 s 751 sch 2 ; 2010 No. 6 s 357 sch 1 ; 2010 No. 53 s 93 sch 2 ; 2012 No. 25 s 169 ; 2017 No. 4 s 145 sch 1\n(sec.239-ssec.1) This section applies if— information about a person (other than information to which section 187 or 207 applies) is received by the authority; and the authority believes the disclosure of the information— would be likely to damage the person’s commercial activities; and would not be in the public interest.\n(sec.239-ssec.2) The authority must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person other than— a member; or an employee, consultant or agent of the authority who receives the information in the course of his or her duties; or an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or the regulator under the Electricity Act 1994 , to facilitate the performance of the regulator’s function mentioned in section 63 (1) (c) of that Act; or the regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or the regulator under the Water Supply (Safety and Reliability) Act 2008 , to facilitate the performance of the regulator’s function mentioned in section 11 (1) (c) of that Act; or the energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 .\n(sec.239-ssec.3) If, under subsection (2) (h) , the authority discloses information to the energy and water ombudsman, it must tell the energy and water ombudsman that the information— is confidential information to which this section applies; and has been disclosed under subsection (2) (h) .\n(sec.239-ssec.4) In this section— commercial activities means activities conducted on a commercial basis. person includes a government agency.\n- (a) information about a person (other than information to which section 187 or 207 applies) is received by the authority; and\n- (b) the authority believes the disclosure of the information— (i) would be likely to damage the person’s commercial activities; and (ii) would not be in the public interest.\n- (i) would be likely to damage the person’s commercial activities; and\n- (ii) would not be in the public interest.\n- (i) would be likely to damage the person’s commercial activities; and\n- (ii) would not be in the public interest.\n- (a) a member; or\n- (b) an employee, consultant or agent of the authority who receives the information in the course of his or her duties; or\n- (c) an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or\n- (d) the regulator under the Electricity Act 1994 , to facilitate the performance of the regulator’s function mentioned in section 63 (1) (c) of that Act; or\n- (e) the regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or\n- (g) the regulator under the Water Supply (Safety and Reliability) Act 2008 , to facilitate the performance of the regulator’s function mentioned in section 11 (1) (c) of that Act; or\n- (h) the energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 .\n- (a) is confidential information to which this section applies; and\n- (b) has been disclosed under subsection (2) (h) .","sortOrder":488},{"sectionNumber":"sec.239A","sectionType":"section","heading":null,"content":"### Section sec.239A\n\ns 239A ins 2012 No. 25 s 170\nom 2015 No. 29 s 66","sortOrder":489},{"sectionNumber":"sec.240","sectionType":"section","heading":"Secrecy","content":"### sec.240 Secrecy\n\nA person to whom this section applies must not—\nmake a record of protected information; or\nwhether directly or indirectly, divulge or communicate to a person protected information about another person or a government agency.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nHowever, subsection (1) does not apply if—\nthe record is made, or the information is divulged or communicated—\nunder this Act; or\nin the performance of duties, as a person to whom this section applies, under this Act; or\nwith the consent of the person or agency to whom the protected information relates; or\nthe information is divulged or communicated to an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or\nthe protected information is otherwise publicly available.\nUnless it is necessary to do so for carrying this Act into effect, a person to whom this section applies is not required—\nto divulge or communicate protected information to a court; or\nto produce a protected document in court.\nIn this section—\ncourt includes a tribunal, authority or person having power to require the production of documents or the answering of questions.\nemployee includes a consultant or agent.\nperson to whom this section applies means a person who is, or has been, a member or employee of the authority.\nproduce includes permit access to.\nprotected document means a document that—\ncontains information about a person or government agency; and\nis obtained or made by a person to whom this section applies in the course of, or because of, the person’s duties under this Act.\nprotected information means information that—\nis about a person or government agency; and\nis disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act.\ns 240 amd 1997 No. 77 s 98\n(sec.240-ssec.1) A person to whom this section applies must not— make a record of protected information; or whether directly or indirectly, divulge or communicate to a person protected information about another person or a government agency. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.240-ssec.2) However, subsection (1) does not apply if— the record is made, or the information is divulged or communicated— under this Act; or in the performance of duties, as a person to whom this section applies, under this Act; or with the consent of the person or agency to whom the protected information relates; or the information is divulged or communicated to an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or the protected information is otherwise publicly available.\n(sec.240-ssec.3) Unless it is necessary to do so for carrying this Act into effect, a person to whom this section applies is not required— to divulge or communicate protected information to a court; or to produce a protected document in court.\n(sec.240-ssec.4) In this section— court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. employee includes a consultant or agent. person to whom this section applies means a person who is, or has been, a member or employee of the authority. produce includes permit access to. protected document means a document that— contains information about a person or government agency; and is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duties under this Act. protected information means information that— is about a person or government agency; and is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act.\n- (a) make a record of protected information; or\n- (b) whether directly or indirectly, divulge or communicate to a person protected information about another person or a government agency.\n- (a) the record is made, or the information is divulged or communicated— (i) under this Act; or (ii) in the performance of duties, as a person to whom this section applies, under this Act; or (iii) with the consent of the person or agency to whom the protected information relates; or\n- (i) under this Act; or\n- (ii) in the performance of duties, as a person to whom this section applies, under this Act; or\n- (iii) with the consent of the person or agency to whom the protected information relates; or\n- (b) the information is divulged or communicated to an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or\n- (c) the protected information is otherwise publicly available.\n- (i) under this Act; or\n- (ii) in the performance of duties, as a person to whom this section applies, under this Act; or\n- (iii) with the consent of the person or agency to whom the protected information relates; or\n- (a) to divulge or communicate protected information to a court; or\n- (b) to produce a protected document in court.\n- (a) contains information about a person or government agency; and\n- (b) is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duties under this Act.\n- (a) is about a person or government agency; and\n- (b) is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this Act.","sortOrder":490},{"sectionNumber":"sec.241","sectionType":"section","heading":"Draft reports","content":"### sec.241 Draft reports\n\nIn preparing a report under this Act, the authority may give a draft of the report to the persons it considers appropriate.","sortOrder":491},{"sectionNumber":"sec.242","sectionType":"section","heading":"Annual reports","content":"### sec.242 Annual reports\n\nThe authority must include in its annual report as a statutory body under the Financial Accountability Act 2009 —\ndetails of each request made by the authority under section 18 ; and\ncomments about the implementation of, and any failure to implement, recommendations mentioned in section 36 .\ns 242 amd 2009 No. 9 s 136 sch 1 ; 2013 No. 39 s 43 sch 1 ; 2015 No. 29 s 67 ; 2018 No. 6 s 14\n- (a) details of each request made by the authority under section 18 ; and\n- (b) comments about the implementation of, and any failure to implement, recommendations mentioned in section 36 .","sortOrder":492},{"sectionNumber":"sec.243","sectionType":"section","heading":"Delegation","content":"### sec.243 Delegation\n\nThe chairperson may delegate the chairperson’s powers under this Act to another member or the authority’s chief executive officer.","sortOrder":493},{"sectionNumber":"sec.244","sectionType":"section","heading":"Tabling reports","content":"### sec.244 Tabling reports\n\nThis section applies to a report received by the Minister and mentioned in section 34 .\nIf the Minister must make the report, or a part of the report, available for public inspection, the Minister must ensure the report or part of the report is tabled in the Legislative Assembly within 14 sitting days after the report is received by the Minister.\nIf the authority has recommended that the report, or a part of the report, not be available for public inspection for a stated period, the Minister must ensure the recommendation, and the authority’s reasons for the recommendation, are tabled in the Legislative Assembly within 14 sitting days after the report is received by the Minister.\ns 244 amd 2013 No. 39 s 43 sch 1 ; 2018 No. 6 s 15\n(sec.244-ssec.1) This section applies to a report received by the Minister and mentioned in section 34 .\n(sec.244-ssec.2) If the Minister must make the report, or a part of the report, available for public inspection, the Minister must ensure the report or part of the report is tabled in the Legislative Assembly within 14 sitting days after the report is received by the Minister.\n(sec.244-ssec.3) If the authority has recommended that the report, or a part of the report, not be available for public inspection for a stated period, the Minister must ensure the recommendation, and the authority’s reasons for the recommendation, are tabled in the Legislative Assembly within 14 sitting days after the report is received by the Minister.","sortOrder":494},{"sectionNumber":"sec.244A","sectionType":"section","heading":"Approval of forms","content":"### sec.244A Approval of forms\n\nThe authority may approve forms for use under this Act.\ns 244A ins 2000 No. 15 s 47","sortOrder":495},{"sectionNumber":"sec.245","sectionType":"section","heading":"Regulation-making power","content":"### sec.245 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made for or about fees or charges for services provided, or functions performed, by the authority.\ns 245 amd 2018 No. 6 s 16\n(sec.245-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.245-ssec.2) A regulation may be made for or about fees or charges for services provided, or functions performed, by the authority.","sortOrder":496},{"sectionNumber":"pt.11","sectionType":"part","heading":null,"content":"","sortOrder":497},{"sectionNumber":"sec.246","sectionType":"section","heading":null,"content":"### Section sec.246\n\ns 246 ins 2008 No. 35 s 59\nom 2012 No. 25 s 171","sortOrder":498},{"sectionNumber":"sec.247","sectionType":"section","heading":null,"content":"### Section sec.247\n\ns 247 ins 2008 No. 35 s 59\nom 2012 No. 25 s 171","sortOrder":499},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional and savings provisions","content":"# Transitional and savings provisions","sortOrder":500},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Transitional and savings provisions for Motor Accident Insurance and Other Legislation Amendment Act 2010","content":"## Transitional and savings provisions for Motor Accident Insurance and Other Legislation Amendment Act 2010","sortOrder":501},{"sectionNumber":"sec.248","sectionType":"section","heading":"Definition for division","content":"### sec.248 Definition for division\n\nIn this division—\nexpiry day means the day that is 10 years from the day this section commences.\ns 248 ins 2010 No. 32 s 62\namd 2021 No. 12 s 207","sortOrder":502},{"sectionNumber":"sec.249","sectionType":"section","heading":"Exclusion of service from pt 5","content":"### sec.249 Exclusion of service from pt 5\n\nDespite section 72, part 5 does not apply to the service mentioned in subsection (2).\nThe service is the use of rail transport infrastructure for providing transportation by rail between Queensland and another State if—\nthe infrastructure is standard gauge track; and\nthe transportation is effected by using standard gauge rolling stock.\nSubsection (1) stops applying at the end of the expiry day.\ns 249 ins 2010 No. 32 s 62\n(sec.249-ssec.1) Despite section 72, part 5 does not apply to the service mentioned in subsection (2).\n(sec.249-ssec.2) The service is the use of rail transport infrastructure for providing transportation by rail between Queensland and another State if— the infrastructure is standard gauge track; and the transportation is effected by using standard gauge rolling stock.\n(sec.249-ssec.3) Subsection (1) stops applying at the end of the expiry day.\n- (a) the infrastructure is standard gauge track; and\n- (b) the transportation is effected by using standard gauge rolling stock.","sortOrder":503},{"sectionNumber":"sec.250","sectionType":"section","heading":"Saving of declarations of particular services","content":"### sec.250 Saving of declarations of particular services\n\nEach of the following services is taken to be a service declared by the Ministers under part 5, division 2—\nthe use of a coal system for providing transportation by rail;\nthe use of rail transport infrastructure for providing transportation by rail if the infrastructure is used for operating a railway for which Queensland Rail Limited, or a successor, assign or subsidiary of Queensland Rail Limited, is the railway manager;\nthe handling of coal at Dalrymple Bay Coal Terminal by the terminal operator.\nThe services mentioned in subsection (1) were, immediately before the commencement of this division, declared under a regulation made under repealed section 97.\nSubsection (1) stops having effect in relation to a service, or part of a service—\nat the end of the expiry day; or\nif the declaration of the service or part of the service is revoked under part 5, division 2, subdivision 5—when the revocation takes effect.\nSee section 95 in relation to the effect of the declaration ending.\nSubsection (1) ceasing to have effect in relation to a service does not prevent the Ministers declaring the service under part 5, division 2 with effect after the expiry day.\nFor this section, coal system means rail transport infrastructure that is—\npart of any of the following—\nthe Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1;\nthe Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1;\nthe Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1;\nthe Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or\ndirectly or indirectly connected to a system mentioned in paragraph (a) and owned or leased by the owner or lessee, or a related body corporate of the owner or lessee, of the system.\nAlso, a coal system includes an extension of the coal system that—\nis built on or after 30 July 2010; and\ndoes not directly connect the coal system to a coal basin to which the coal system was not directly connected on 30 July 2010; and\nis owned or leased by—\nthe owner or lessee of the coal system; or\na related body corporate of the owner or lessee of the coal system.\nThe declaration of the service mentioned in subsection (1)(a) under the Queensland Competition Authority Regulation 2007 , repealed section 2B , commenced on 30 July 2010.\nIn this section—\nDalrymple Bay Coal Terminal means the port infrastructure located at the port of Hay Point owned by Ports Corporation of Queensland or the State, or a successor or assign of Ports Corporation of Queensland or the State, and known as Dalrymple Bay Coal Terminal and includes the following which form part of the terminal—\nloading and unloading equipment;\nstacking, reclaiming, conveying and other handling equipment;\nwharfs and piers;\ndeepwater berths;\nship loaders.\nhandling of coal includes unloading, storing, reclaiming and loading.\nNorth Coast Line means the railway running the length of the coast of Queensland from Brisbane to Cairns.\nQueensland Rail Limited means Queensland Rail Limited ACN 132 181 090.\nrailway manager see the Transport Infrastructure Act 1994 , schedule 6 .\nterminal operator means—\nthe owner or lessee of Dalrymple Bay Coal Terminal; or\na person operating Dalrymple Bay Coal Terminal for the owner or lessee.\ns 250 ins 2010 No. 32 s 62\namd 2013 No. 39 s 19 ; 2021 No. 12 s 208\n(sec.250-ssec.1) Each of the following services is taken to be a service declared by the Ministers under part 5, division 2— the use of a coal system for providing transportation by rail; the use of rail transport infrastructure for providing transportation by rail if the infrastructure is used for operating a railway for which Queensland Rail Limited, or a successor, assign or subsidiary of Queensland Rail Limited, is the railway manager; the handling of coal at Dalrymple Bay Coal Terminal by the terminal operator. The services mentioned in subsection (1) were, immediately before the commencement of this division, declared under a regulation made under repealed section 97.\n(sec.250-ssec.2) Subsection (1) stops having effect in relation to a service, or part of a service— at the end of the expiry day; or if the declaration of the service or part of the service is revoked under part 5, division 2, subdivision 5—when the revocation takes effect. See section 95 in relation to the effect of the declaration ending. Subsection (1) ceasing to have effect in relation to a service does not prevent the Ministers declaring the service under part 5, division 2 with effect after the expiry day.\n(sec.250-ssec.3) For this section, coal system means rail transport infrastructure that is— part of any of the following— the Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1; the Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1; the Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1; the Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or directly or indirectly connected to a system mentioned in paragraph (a) and owned or leased by the owner or lessee, or a related body corporate of the owner or lessee, of the system.\n(sec.250-ssec.4) Also, a coal system includes an extension of the coal system that— is built on or after 30 July 2010; and does not directly connect the coal system to a coal basin to which the coal system was not directly connected on 30 July 2010; and is owned or leased by— the owner or lessee of the coal system; or a related body corporate of the owner or lessee of the coal system. The declaration of the service mentioned in subsection (1)(a) under the Queensland Competition Authority Regulation 2007 , repealed section 2B , commenced on 30 July 2010.\n(sec.250-ssec.5) In this section— Dalrymple Bay Coal Terminal means the port infrastructure located at the port of Hay Point owned by Ports Corporation of Queensland or the State, or a successor or assign of Ports Corporation of Queensland or the State, and known as Dalrymple Bay Coal Terminal and includes the following which form part of the terminal— loading and unloading equipment; stacking, reclaiming, conveying and other handling equipment; wharfs and piers; deepwater berths; ship loaders. handling of coal includes unloading, storing, reclaiming and loading. North Coast Line means the railway running the length of the coast of Queensland from Brisbane to Cairns. Queensland Rail Limited means Queensland Rail Limited ACN 132 181 090. railway manager see the Transport Infrastructure Act 1994 , schedule 6 . terminal operator means— the owner or lessee of Dalrymple Bay Coal Terminal; or a person operating Dalrymple Bay Coal Terminal for the owner or lessee.\n- (a) the use of a coal system for providing transportation by rail;\n- (b) the use of rail transport infrastructure for providing transportation by rail if the infrastructure is used for operating a railway for which Queensland Rail Limited, or a successor, assign or subsidiary of Queensland Rail Limited, is the railway manager;\n- (c) the handling of coal at Dalrymple Bay Coal Terminal by the terminal operator.\n- (a) at the end of the expiry day; or\n- (b) if the declaration of the service or part of the service is revoked under part 5, division 2, subdivision 5—when the revocation takes effect.\n- 1 See section 95 in relation to the effect of the declaration ending.\n- 2 Subsection (1) ceasing to have effect in relation to a service does not prevent the Ministers declaring the service under part 5, division 2 with effect after the expiry day.\n- (a) part of any of the following— (i) the Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1; (ii) the Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1; (iii) the Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1; (iv) the Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or\n- (i) the Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1;\n- (ii) the Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1;\n- (iii) the Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1;\n- (iv) the Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or\n- (b) directly or indirectly connected to a system mentioned in paragraph (a) and owned or leased by the owner or lessee, or a related body corporate of the owner or lessee, of the system.\n- (i) the Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1;\n- (ii) the Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1;\n- (iii) the Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1;\n- (iv) the Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or\n- (a) is built on or after 30 July 2010; and\n- (b) does not directly connect the coal system to a coal basin to which the coal system was not directly connected on 30 July 2010; and\n- (c) is owned or leased by— (i) the owner or lessee of the coal system; or (ii) a related body corporate of the owner or lessee of the coal system.\n- (i) the owner or lessee of the coal system; or\n- (ii) a related body corporate of the owner or lessee of the coal system.\n- (i) the owner or lessee of the coal system; or\n- (ii) a related body corporate of the owner or lessee of the coal system.\n- (a) loading and unloading equipment;\n- (b) stacking, reclaiming, conveying and other handling equipment;\n- (c) wharfs and piers;\n- (d) deepwater berths;\n- (e) ship loaders.\n- (a) the owner or lessee of Dalrymple Bay Coal Terminal; or\n- (b) a person operating Dalrymple Bay Coal Terminal for the owner or lessee.","sortOrder":504},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 ins 2010 No. 53 s 119\nom 2011 No. 21 s 5","sortOrder":505},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Transitional provision for Revenue and Other Legislation Amendment Act 2011","content":"## Transitional provision for Revenue and Other Legislation Amendment Act 2011","sortOrder":506},{"sectionNumber":"sec.252","sectionType":"section","heading":"References to, and acts etc. by, Ministers","content":"### sec.252 References to, and acts etc. by, Ministers\n\nIn a document brought into existence before the commencement of this section, a reference to the Ministers under the pre-amended Act may be taken, if the context permits, to be a reference to the Ministers under the amended Act.\nA direction, referral, declaration, revocation, decision or other act by the Ministers under the pre-amended Act may be taken, if the context permits, to be a direction, referral, declaration, revocation, decision or other act by the Ministers under the amended Act.\nThis section does not limit the Acts Interpretation Act 1954 , section 20 .\nIn this section—\namended Act means this Act as amended by the Revenue and Other Legislation Amendment Act 2011 .\npre-amended Act means this Act as in force before the commencement of this section.\ns 252 ins 2011 No. 8 s 89\n(sec.252-ssec.1) In a document brought into existence before the commencement of this section, a reference to the Ministers under the pre-amended Act may be taken, if the context permits, to be a reference to the Ministers under the amended Act.\n(sec.252-ssec.2) A direction, referral, declaration, revocation, decision or other act by the Ministers under the pre-amended Act may be taken, if the context permits, to be a direction, referral, declaration, revocation, decision or other act by the Ministers under the amended Act.\n(sec.252-ssec.3) This section does not limit the Acts Interpretation Act 1954 , section 20 .\n(sec.252-ssec.4) In this section— amended Act means this Act as amended by the Revenue and Other Legislation Amendment Act 2011 . pre-amended Act means this Act as in force before the commencement of this section.","sortOrder":507},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Declaratory provision for Fairer Water Prices for SEQ Amendment Act 2011","content":"## Declaratory provision for Fairer Water Prices for SEQ Amendment Act 2011","sortOrder":508},{"sectionNumber":"sec.253","sectionType":"section","heading":"Revocation of declaration","content":"### sec.253 Revocation of declaration\n\nThis section applies to the declaration, under repealed section 170QA , of particular activities to be a monopoly water supply activity.\nThe declaration is revoked at the start of 1 July 2011 and has no force or effect.\nSubsection (2) applies despite the Acts Interpretation Act 1954 , section 20 .\ns 253 ins 2011 No. 21 s 6\n(sec.253-ssec.1) This section applies to the declaration, under repealed section 170QA , of particular activities to be a monopoly water supply activity.\n(sec.253-ssec.2) The declaration is revoked at the start of 1 July 2011 and has no force or effect.\n(sec.253-ssec.3) Subsection (2) applies despite the Acts Interpretation Act 1954 , section 20 .","sortOrder":509},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"Transitional provision for Treasury and Trade and Other Legislation Amendment Act 2013","content":"## Transitional provision for Treasury and Trade and Other Legislation Amendment Act 2013","sortOrder":510},{"sectionNumber":"sec.254","sectionType":"section","heading":"References to, and acts etc. by, Ministers","content":"### sec.254 References to, and acts etc. by, Ministers\n\nIn a document brought into existence before the commencement of this section, a reference to the Ministers under the pre-amended Act may be taken, if the context permits, to be a reference to the Minister under the amended Act.\nA direction, referral, declaration, revocation, decision or other act by the Ministers under the pre-amended Act may be taken, if the context permits, to be a direction, referral, declaration, revocation, decision or other act by the Minister under the amended Act.\nIn this section—\namended Act means this Act as amended by the Treasury and Trade and Other Legislation Amendment Act 2013 .\npre-amended Act means this Act as in force before the commencement of this section.\ns 254 ins 2012 No. 1 s 94\nsub 2013 No. 39 s 20\n(sec.254-ssec.1) In a document brought into existence before the commencement of this section, a reference to the Ministers under the pre-amended Act may be taken, if the context permits, to be a reference to the Minister under the amended Act.\n(sec.254-ssec.2) A direction, referral, declaration, revocation, decision or other act by the Ministers under the pre-amended Act may be taken, if the context permits, to be a direction, referral, declaration, revocation, decision or other act by the Minister under the amended Act.\n(sec.254-ssec.3) In this section— amended Act means this Act as amended by the Treasury and Trade and Other Legislation Amendment Act 2013 . pre-amended Act means this Act as in force before the commencement of this section.","sortOrder":511},{"sectionNumber":"pt.12-div.5","sectionType":"division","heading":"Transitional provision for Queensland Competition Authority Amendment Act 2018","content":"## Transitional provision for Queensland Competition Authority Amendment Act 2018","sortOrder":512},{"sectionNumber":"sec.255","sectionType":"section","heading":"Preparation and approval of particular draft, or draft amending, access undertakings","content":"### sec.255 Preparation and approval of particular draft, or draft amending, access undertakings\n\nThis Act, as in force immediately before the commencement, continues to apply to the preparation and approval of the following started, but not completed, before the commencement—\na draft access undertaking under part 5, division 7, subdivision 1;\na draft amending access undertaking under part 5, division 7, subdivision 2.\ns 255 ins 2018 No. 6 s 17\n- (a) a draft access undertaking under part 5, division 7, subdivision 1;\n- (b) a draft amending access undertaking under part 5, division 7, subdivision 2.","sortOrder":513},{"sectionNumber":"pt.12-div.6","sectionType":"division","heading":"Transitional provisions for the Queensland Future Fund (Titles Registry) Act 2021","content":"## Transitional provisions for the Queensland Future Fund (Titles Registry) Act 2021","sortOrder":514},{"sectionNumber":"sec.256","sectionType":"section","heading":"Definitions for division","content":"### sec.256 Definitions for division\n\nIn this division—\nrepealed Act means the repealed Queensland Productivity Commission Act 2015 .\nWords defined under the repealed Act and used in this division have the same meanings as they had under the repealed Act.\ns 256 ins 2021 No. 12 s 210\n(sec.256-ssec.1) In this division— repealed Act means the repealed Queensland Productivity Commission Act 2015 .\n(sec.256-ssec.2) Words defined under the repealed Act and used in this division have the same meanings as they had under the repealed Act.","sortOrder":515},{"sectionNumber":"sec.257","sectionType":"section","heading":"Existing competitive neutrality complaints and investigations","content":"### sec.257 Existing competitive neutrality complaints and investigations\n\nThis section applies if, immediately before the commencement—\na competitive neutrality complaint made to the commission under the repealed Act had not been resolved or withdrawn; and\nthe commission had not completed all actions in relation to the complaint that the commission was required to take under the repealed Act, part 5.\nThis Act applies in relation to the competitive neutrality complaint as if the complaint were made to the authority under section 41.\ns 257 ins 2021 No. 12 s 210\n(sec.257-ssec.1) This section applies if, immediately before the commencement— a competitive neutrality complaint made to the commission under the repealed Act had not been resolved or withdrawn; and the commission had not completed all actions in relation to the complaint that the commission was required to take under the repealed Act, part 5.\n(sec.257-ssec.2) This Act applies in relation to the competitive neutrality complaint as if the complaint were made to the authority under section 41.\n- (a) a competitive neutrality complaint made to the commission under the repealed Act had not been resolved or withdrawn; and\n- (b) the commission had not completed all actions in relation to the complaint that the commission was required to take under the repealed Act, part 5.","sortOrder":516},{"sectionNumber":"sec.258","sectionType":"section","heading":"Guideline for dealing with competitive neutrality complaints","content":"### sec.258 Guideline for dealing with competitive neutrality complaints\n\nThe prescribed competitive neutrality policy is taken to be a guideline approved by the Minister under section 43.\nSee the repealed Queensland Productivity Commission Act 2015 , section 36 (2) , definition prescribed competitive neutrality policy .\ns 258 ins 2021 No. 12 s 210","sortOrder":517},{"sectionNumber":"sec.259","sectionType":"section","heading":"Queensland Productivity Commission and its board","content":"### sec.259 Queensland Productivity Commission and its board\n\nOn the commencement—\nthe Queensland Productivity Commission and its board are abolished; and\nthe principal commissioner goes out of office.\ns 259 ins 2021 No. 12 s 210\n- (a) the Queensland Productivity Commission and its board are abolished; and\n- (b) the principal commissioner goes out of office.","sortOrder":518},{"sectionNumber":"sec.260","sectionType":"section","heading":"State is successor in law of commission","content":"### sec.260 State is successor in law of commission\n\nThe State is the successor in law of the commission.\nSubsection (1) is not limited by another provision of this division.\ns 260 ins 2021 No. 12 s 210\n(sec.260-ssec.1) The State is the successor in law of the commission.\n(sec.260-ssec.2) Subsection (1) is not limited by another provision of this division.","sortOrder":519},{"sectionNumber":"sec.261","sectionType":"section","heading":"Assets and liabilities","content":"### sec.261 Assets and liabilities\n\nOn the commencement, the assets and liabilities of the commission immediately before the commencement become assets and liabilities of the State held in the department.\ns 261 ins 2021 No. 12 s 210","sortOrder":520},{"sectionNumber":"sec.262","sectionType":"section","heading":"Contracts, agreements, undertakings, other arrangements and instruments","content":"### sec.262 Contracts, agreements, undertakings, other arrangements and instruments\n\nThis section applies to a contract, agreement, undertaking or other arrangement to which the commission was a party, or an instrument that applied to the commission, immediately before the commencement.\nOn the commencement, the State becomes a party to the contract, agreement, undertaking or arrangement, or the instrument starts to apply to the State, in place of the commission.\nThis section applies subject to section 265.\ns 262 ins 2021 No. 12 s 210\n(sec.262-ssec.1) This section applies to a contract, agreement, undertaking or other arrangement to which the commission was a party, or an instrument that applied to the commission, immediately before the commencement.\n(sec.262-ssec.2) On the commencement, the State becomes a party to the contract, agreement, undertaking or arrangement, or the instrument starts to apply to the State, in place of the commission.\n(sec.262-ssec.3) This section applies subject to section 265.","sortOrder":521},{"sectionNumber":"sec.263","sectionType":"section","heading":"Proceedings not yet started","content":"### sec.263 Proceedings not yet started\n\nThis section applies if, immediately before the commencement, a proceeding could have been started by or against the commission within a particular period.\nThe proceeding may be started by or against the State, in place of the commission, within the period.\ns 263 ins 2021 No. 12 s 210\n(sec.263-ssec.1) This section applies if, immediately before the commencement, a proceeding could have been started by or against the commission within a particular period.\n(sec.263-ssec.2) The proceeding may be started by or against the State, in place of the commission, within the period.","sortOrder":522},{"sectionNumber":"sec.264","sectionType":"section","heading":"Current proceedings","content":"### sec.264 Current proceedings\n\nThis section applies to a proceeding that, immediately before the commencement, had not ended and to which the commission was a party.\nThe State becomes a party to the proceeding in place of the commission.\ns 264 ins 2021 No. 12 s 210\n(sec.264-ssec.1) This section applies to a proceeding that, immediately before the commencement, had not ended and to which the commission was a party.\n(sec.264-ssec.2) The State becomes a party to the proceeding in place of the commission.","sortOrder":523},{"sectionNumber":"sec.265","sectionType":"section","heading":"Matters relating to employment","content":"### sec.265 Matters relating to employment\n\nThis section applies to each person who was employed as a member of the commission’s staff immediately before the commencement, other than a person employed as an executive manager or on a casual basis.\nOn the commencement—\nthe person becomes an employee of the department; and\nthe person stops being an employee of the commission; and\nthe commission’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and\nthe commission’s records, to the extent they relate to the person’s employment, become records of the State held in the department.\nWithout limiting subsection (2)(a)—\nthe chief executive is taken to have employed the person as a fixed term temporary employee in the department under the Public Sector Act 2022 , section 150; and\nthe person’s contract of employment with the commission is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract.\nThe change of the person’s employer under subsection (2) does not—\naffect the person’s total remuneration; or\ninterrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nprejudice the person’s existing or accruing rights to superannuation, or recreation, sick, long service or other leave; or\nconstitute a termination of employment by the commission, retrenchment or redundancy; or\nentitle the person to a payment or other benefit merely because the person is no longer employed by the commission; or\nrequire any payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangements between the commission and the person.\nIn this section—\nexecutive manager means a senior executive employee with responsibility for managing the commission, subject only to the direction of the board.\ns 265 ins 2021 No. 12 s 210\namd 2022 No. 34 s 365 sch 3\n(sec.265-ssec.1) This section applies to each person who was employed as a member of the commission’s staff immediately before the commencement, other than a person employed as an executive manager or on a casual basis.\n(sec.265-ssec.2) On the commencement— the person becomes an employee of the department; and the person stops being an employee of the commission; and the commission’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and the commission’s records, to the extent they relate to the person’s employment, become records of the State held in the department.\n(sec.265-ssec.3) Without limiting subsection (2)(a)— the chief executive is taken to have employed the person as a fixed term temporary employee in the department under the Public Sector Act 2022 , section 150; and the person’s contract of employment with the commission is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract.\n(sec.265-ssec.4) The change of the person’s employer under subsection (2) does not— affect the person’s total remuneration; or interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or prejudice the person’s existing or accruing rights to superannuation, or recreation, sick, long service or other leave; or constitute a termination of employment by the commission, retrenchment or redundancy; or entitle the person to a payment or other benefit merely because the person is no longer employed by the commission; or require any payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangements between the commission and the person.\n(sec.265-ssec.5) In this section— executive manager means a senior executive employee with responsibility for managing the commission, subject only to the direction of the board.\n- (a) the person becomes an employee of the department; and\n- (b) the person stops being an employee of the commission; and\n- (c) the commission’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and\n- (d) the commission’s records, to the extent they relate to the person’s employment, become records of the State held in the department.\n- (a) the chief executive is taken to have employed the person as a fixed term temporary employee in the department under the Public Sector Act 2022 , section 150; and\n- (b) the person’s contract of employment with the commission is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract.\n- (a) affect the person’s total remuneration; or\n- (b) interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (c) prejudice the person’s existing or accruing rights to superannuation, or recreation, sick, long service or other leave; or\n- (d) constitute a termination of employment by the commission, retrenchment or redundancy; or\n- (e) entitle the person to a payment or other benefit merely because the person is no longer employed by the commission; or\n- (f) require any payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangements between the commission and the person.","sortOrder":524},{"sectionNumber":"sec.266","sectionType":"section","heading":"Act applies despite other laws and instruments","content":"### sec.266 Act applies despite other laws and instruments\n\nA thing may be done under this division despite any other law or instrument.\ns 266 ins 2021 No. 12 s 210","sortOrder":525},{"sectionNumber":"sec.267","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.267 Effect on legal relationships\n\nAnything done under this division—\ndoes not make the commission or the State liable for a civil wrong or a contravention of a law or for a breach of contract, confidence or duty; and\ndoes not make the commission or the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\ndoes not fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument; or\nrequires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; and\ndoes not release a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this section, the advice, consent or approval of a person would be necessary to do something under this division, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf giving notice to a person would be necessary to do something under this division, the notice is taken to have been given.\nA reference in this section to the State includes a reference to an employee or agent of the State.\ns 267 ins 2021 No. 12 s 210\n(sec.267-ssec.1) Anything done under this division— does not make the commission or the State liable for a civil wrong or a contravention of a law or for a breach of contract, confidence or duty; and does not make the commission or the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and does not fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument; or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; and does not release a surety or other obligee, wholly or partly, from an obligation.\n(sec.267-ssec.2) If, apart from this section, the advice, consent or approval of a person would be necessary to do something under this division, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sec.267-ssec.3) If giving notice to a person would be necessary to do something under this division, the notice is taken to have been given.\n(sec.267-ssec.4) A reference in this section to the State includes a reference to an employee or agent of the State.\n- (a) does not make the commission or the State liable for a civil wrong or a contravention of a law or for a breach of contract, confidence or duty; and\n- (b) does not make the commission or the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\n- (c) does not fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or (iv) requires a person to perform an obligation contained in an instrument; or (v) requires any money to be paid before its stated maturity; and\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or\n- (iv) requires a person to perform an obligation contained in an instrument; or\n- (v) requires any money to be paid before its stated maturity; and\n- (d) does not release a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or\n- (iv) requires a person to perform an obligation contained in an instrument; or\n- (v) requires any money to be paid before its stated maturity; and","sortOrder":526},{"sectionNumber":"sec.268","sectionType":"section","heading":"References to the commission","content":"### sec.268 References to the commission\n\nIn an Act or document, a reference to the commission is, if the context permits, taken to be a reference to the State.\ns 268 ins 2021 No. 12 s 210","sortOrder":527},{"sectionNumber":"pt.13","sectionType":"part","heading":null,"content":"","sortOrder":528}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":667},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1997 scope. Initially focused on government business activities and competitive neutrality, it has grown to include: (1) non-government monopoly business activities (2008); (2) comprehensive third-party access regime for essential infrastructure (rail, ports, energy, water) similar to Commonwealth Part IIIA; (3) access undertakings and binding arbitration; (4) rulings procedure for prospective guidance; (5) re-insertion of competitive neutrality complaints scheme (2021) after earlier removal. The Act now functions as Queensland's hybrid economic regulator covering both public sector pricing and private infrastructure access."},"complexity_factors":["Multiple overlapping regulatory regimes (pricing, access, competitive neutrality) with different procedural rules","Extensive cross-referencing between Parts 3, 4, 5 and 6 (investigation procedures apply across multiple divisions)","Nested definitions and conditional logic — e.g., 'significant business activity' triggers different procedural requirements","Numerous exceptions and carve-outs (e.g., emergency conduct exemptions, self-incrimination privileges, confidentiality provisions)","Complex multi-party processes for local government entities involving 'responsible local governments' and 'nominated' representatives","Detailed timelines and notice requirements with multiple extension mechanisms and 'stop clock' provisions","Interaction with Commonwealth competition law (Competition and Consumer Act references)","Substantial amendment history (sections repeatedly amended, some omitted and re-inserted) creating layering effects"],"plain_english_summary":"This Act establishes the **Queensland Competition Authority (QCA)**, an independent body that regulates competition and pricing in Queensland. Here's what it does:\n\n**Core purpose**\n- Creates the QCA as a corporate body with powers to investigate, mediate, arbitrate and make recommendations about competition matters\n\n**Main functions**\n- **Monopoly pricing oversight**: Investigates pricing practices of government and private businesses that hold monopoly positions (like essential infrastructure services)\n- **Competitive neutrality**: Ensures government businesses don't gain unfair advantages over private competitors simply because they're government-owned\n- **Access to infrastructure**: Manages disputes about access to essential facilities like railways, ports, electricity networks, gas pipelines and water systems — ensuring competitors can use these \"bottleneck\" assets on fair terms\n- **Code-making**: Creates rules for how infrastructure owners must provide access to their facilities\n\n**Who it affects**\n- Government agencies running commercial activities\n- Local councils operating significant businesses\n- Private owners of essential infrastructure (rail, ports, energy, water)\n- Businesses seeking access to monopoly infrastructure to compete\n\n**Key powers**\n- Can declare services as \"declared services\" triggering access obligations\n- Can require infrastructure owners to negotiate access agreements\n- Can arbitrate disputes when parties can't agree\n- Can approve (or impose) access undertakings — binding commitments about how owners will provide access\n- Can investigate complaints and issue binding determinations\n\n**Why it matters**\nThe Act aims to prevent monopoly abuse while ensuring infrastructure investment remains viable. It balances promoting competition with protecting legitimate business interests — particularly important for Queensland's resource and energy sectors where access to shared infrastructure is critical."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original purpose of simply establishing the Queensland Competition Authority. Initially focused on monitoring government monopoly pricing and competitive neutrality, it now includes comprehensive regulation of access to infrastructure services, water pricing determinations, rulings, and dispute resolution mechanisms. The addition of Part 5 (Access to services), Part 5A (Pricing of water), and Division 7A (Rulings) represent major expansions. The transitional provisions also show the absorption of the Queensland Productivity Commission's functions, further widening the scope. The original act was about creating the authority; now it is a detailed regulatory framework covering multiple sectors."},"complexity_factors":["Over 200 sections with many amendments (over 20 amendment acts referenced)","Extensive cross-referencing between parts, divisions, subdivisions, and sections","Multiple defined terms in the dictionary and within sections","Nested structures: parts contain divisions which contain subdivisions","Conditional logic and exceptions to exceptions (e.g., section 119 restrictions)","Detailed procedural requirements for investigations, arbitrations, mediations, and approvals","Multiple registers (declarations, determinations, undertakings, rulings) with specific content requirements","Transfers of powers and functions between entities (e.g., Queensland Productivity Commission abolished and functions moved)","Extraterritorial application clause (section 4)"],"plain_english_summary":"This Act creates the **Queensland Competition Authority** (the QCA), an independent body that oversees and regulates certain business activities in Queensland to promote competition. The QCA has several key roles:\n\n* **Monopoly business activities:** It investigates and reports on pricing practices of businesses (both government and private) that have been declared as monopolies. It also develops criteria for declaring an activity a monopoly and can recommend revoking declarations.\n* **Competitive neutrality:** It ensures government businesses don't have an unfair advantage over private competitors simply because they are government-owned. It handles complaints and investigates alleged breaches.\n* **Access to essential infrastructure:** It regulates access to services provided by facilities like railways, ports, electricity grids, gas pipelines, and water systems. This includes declaring which services must be shared, setting terms via undertakings, access agreements, or arbitration, and enforcing those terms.\n* **Water pricing:** It sets price determinations for monopoly water suppliers, ensuring prices are efficient and fair.\n* **Investigations and enforcement:** It can conduct investigations, hold hearings, and take enforcement action including court injunctions to stop anti-competitive conduct.\n\nThe Act applies broadly, including to activities outside Queensland if they affect the state. It affects government agencies, local councils, businesses that provide monopoly services, and consumers who rely on those services."},"summary":{"name":"Queensland Competition Authority Act 1997","slug":"queensland-competition-authority-act-1997","title_id":"qld:act-1997-025","version_id":104677,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Full in-force Queensland Act with 13 Parts and extensive Schedules. Single current version in source."},"complexity_factors":["Multiple distinct regulatory regimes: monopoly pricing, competitive neutrality, third-party access","Complex declaration processes requiring multi-criteria assessment by QCA and Minister","Access undertaking and arbitration procedures involve detailed technical and economic analysis","Interaction with Commonwealth competition law (Competition and Consumer Act 2010) requires careful delineation","Special provisions for water pricing (Part 5A) and electricity/gas networks"],"plain_english_summary":"The Queensland Competition Authority Act 1997 (Qld) establishes the Queensland Competition Authority (QCA) as Queensland's independent economic regulator for monopoly business activities, competitive neutrality, and third-party access to infrastructure services.\n\nThe QCA is a statutory body with a board appointed by the Governor in Council (section 209). Its functions (section 10) include: recommending declarations of monopoly business activities; investigating and reporting on pricing practices of monopolies; conducting competitive neutrality investigations; making recommendations about access declarations for infrastructure services; mediating and arbitrating access disputes; approving and monitoring access undertakings; and making distribution network codes for electricity and gas.\n\nPart 3 covers pricing of monopoly business activities, including the declaration of activities as monopoly business activities by the Minister, referral of declared activities to the QCA for pricing investigation, and the conduct of price monitoring investigations. Part 3A (added by amendment) deals specifically with monopoly water supply activities.\n\nPart 4 establishes the principle of competitive neutrality (section 38): government agencies conducting significant business activities must not enjoy competitive advantages over private competitors solely because their activities are exempt from taxes, debt guarantee fees, or regulatory requirements. The QCA receives and investigates complaints about breaches of this principle.\n\nPart 5 is the access regime for declared services. Services may be declared by the Minister on the QCA's recommendation if the four access criteria in section 76 are satisfied: declaration would promote material competition in another market; the facility could meet total foreseeable demand at least cost; the facility is significant in size or importance; and declaration would promote the public interest. Once declared, access seekers negotiate access agreements with the service provider, or the QCA can arbitrate access disputes and approve access undertakings.\n\nPart 8 deals with the QCA's governance structure. Part 9 covers offences, including for false or misleading statements to the QCA (sections 230 and 231), with a maximum penalty of 1,000 penalty units or 1 year's imprisonment."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.9 and sec.8","severity":"medium","reasoning":"A body corporate that 'may sue and be sued' (s.8(c)) but also holds 'all the rights, privileges and immunities of the State' (s.9(2)) faces an internal contradiction. State immunities in Queensland can include immunity from certain civil proceedings, yet the Act simultaneously grants full corporate liability. The practical effect is uncertain — does s.9(2) override s.8(c) or vice versa?","confidence":0.65,"description":"The authority is simultaneously a body corporate that can sue and be sued (s.8), AND represents the State with all the State's rights, privileges and immunities (s.9). Since s.3(2) exempts the State from prosecution for offences, the authority arguably inherits immunity from prosecution through s.9(2), yet s.8 says it can be sued. This creates a tension where the authority's corporate liability is potentially nullified by its State immunities."},{"type":"other","section":"sec.12(1) and sec.12(2)","severity":"low","reasoning":"The broad statement of ministerial control in s.12(1) is so substantially qualified by s.12(2) that the general rule has limited practical content. While not technically a contradiction, the structure creates a misleading impression of ministerial control that the exceptions then largely negate.","confidence":0.7,"description":"The authority is 'subject to the written directions of the Minister in performing its functions' (s.12(1)), but is then immediately carved out from direction in relation to conducting any investigation, the content of any report, and all functions under Part 5 (s.12(2)). Given that investigations and reporting are among the authority's most significant functions (ss.10(c),(d),(f),(g)), the general rule in s.12(1) is largely hollow — the authority is subject to ministerial direction mainly for administrative and minor functions."},{"type":"self_contradicting","section":"sec.12(2)(a) and sec.12(5)","severity":"low","reasoning":"The parenthetical in s.12(2)(a) lists only s.12(3) and s.24 as exceptions to the no-direction rule for investigation conduct, but s.12(5) creates a further exception not listed there. While 'despite subsection (2)' resolves the hierarchy, the failure to include s.12(5) in the s.12(2)(a) exception list is a structural inconsistency that creates interpretive confusion.","confidence":0.6,"description":"Section 12(2)(a) states the authority is NOT subject to direction in relation to the conduct of any investigation (with exceptions for s.12(3) and s.24). However, s.12(5) then says 'despite subsection (2)', a direction under s.10(g) MUST state how the investigation is to be conducted. This means the Minister can direct HOW an investigation is conducted (via s.10(g) direction) even though s.12(2)(a) says the authority is not subject to direction on investigation conduct. The 'except as provided in subsection (3) and section 24' carve-out in s.12(2)(a) does not reference s.12(5), yet s.12(5) uses 'despite subsection (2)' — suggesting s.12(5) operates as a further undisclosed exception not captured in the s.12(2)(a) parenthetical."},{"type":"impossible_compliance","section":"sec.14","severity":"low","reasoning":"The mandatory obligation to develop and deliver criteria within 6 months of commencement presupposes an operational authority. If establishment formalities, board appointments, and administrative setup take time, the statutory deadline may be unachievable in practice. However, this is a common legislative drafting pattern and courts would likely imply reasonable setup time.","confidence":0.4,"description":"Section 14 requires the authority to develop criteria for government business activity declarations 'within 6 months after the commencement'. Parts 3 and 4 commence on 1 July 1997 (s.2). However, the Act itself was made in 1997, and the authority must first be established (s.7) before it can do anything. There is no explicit provision ensuring the authority is actually operational and staffed within the 6-month window, creating a potential impossibility if establishment is delayed."},{"type":"circular_definition","section":"sec.35(2) and sec.35(1)","severity":"medium","reasoning":"The requirement to embed the suppression decision and its reasons within the suppressed report means the public cannot know WHY the report is delayed until the delay period ends and the report is released. This defeats any transparency purpose the requirement was meant to serve during the suppression period itself. It is a logical circularity: the reasons for secrecy are kept secret by the very secrecy they justify.","confidence":0.8,"description":"Section 35 allows the authority to delay public availability of a report (s.35(1)), but requires that 'the decision and the reasons for it must be stated in the report' (s.35(2)). This creates a self-referential absurdity: the reasons for suppressing the report must appear IN the report that is being suppressed. Anyone reading the public version of the report (once released) would see the reasons for the delay — but during the suppression period, the reasons for suppression are themselves suppressed because they are contained in the suppressed document."},{"type":"other","section":"sec.33(1)(c) and sec.33(1)(d)","severity":"low","reasoning":"Section 33(1)(c) mandates reasons for 'its recommendations' but structurally sits between provisions applicable only to non-price-monitoring investigations (s.33(1)(a)) and price monitoring investigations (s.33(1)(d)). It is ambiguous whether s.33(1)(c) applies to recommendations made under s.33(1)(b) in price monitoring contexts. This creates an unintended gap in transparency requirements.","confidence":0.5,"description":"Section 33(1)(a) requires the authority to include 'recommendations about the pricing practices' in a non-price-monitoring report, and s.33(1)(c) requires 'the reasons for its recommendations'. However, s.33(1)(d) requires that if the investigation IS a price monitoring investigation, the report must include 'information obtained' — but there is no equivalent obligation to include reasons for any recommendations in a price monitoring investigation report. The asymmetry means price monitoring reports may contain recommendations (under s.33(1)(b)) without mandatory reasons."},{"type":"other","section":"sec.13(1)(b)(ii)","severity":"medium","reasoning":"The termination trigger in s.13(1)(b)(ii) is the report 'becoming available for public inspection'. Under s.35, a report can be technically 'available' after the suppression period ends, but the interaction between s.13 and s.35 is not harmonised. If the report is suppressed, the direction ceasing to be independently available while the report containing it is also unavailable leaves the public with no access to either document.","confidence":0.6,"description":"The obligation to keep a direction available for public inspection ends when 'a report of the authority containing details of the direction becomes available for public inspection'. However, under s.35, such a report may itself be suppressed from public inspection for a period. This creates a situation where the direction ceases to be independently available (because the trigger event — the report becoming publicly available — has nominally occurred once the report exists), yet the report containing those details is itself not actually accessible to the public during the suppression period."}],"contradictions":[{"severity":"medium","section_a":"sec.8(c)","section_b":"sec.9(2)","confidence":0.65,"description":"Section 8(c) provides that the authority 'may sue and be sued in its corporate name', establishing full corporate legal liability. Section 9(2) grants the authority 'all the rights, privileges and immunities of the State'. State immunities under Queensland law can include protection from certain suits. These two provisions are potentially contradictory: one grants susceptibility to legal proceedings, the other may grant immunity from them."},{"severity":"medium","section_a":"sec.12(1)","section_b":"sec.12(2)(b)","confidence":0.75,"description":"Section 12(1) makes the authority 'subject to the written directions of the Minister in performing its functions'. Section 12(2)(b) provides that the authority is NOT subject to direction 'in relation to the content of any report of the authority'. Reporting is an express statutory function of the authority (ss.10, 29-34). The Minister cannot direct the authority on the content of reports yet can direct it on 'performing its functions' — since reporting is a core function, these provisions directly contradict each other as applied to reporting activities."},{"severity":"low","section_a":"sec.21H(2)","section_b":"sec.21H(3)","confidence":0.5,"description":"Section 21H(2) says a declaration 'may be revoked whether or not a revocation recommendation has been made', indicating the Minister has unfettered discretion to revoke. Section 21H(3) says 'if the Minister receives a revocation recommendation, the Minister must either revoke... or decide not to revoke'. Read together: the Minister can revoke without a recommendation (s.21H(2)), but if there IS a recommendation, the Minister is obliged to make a binary decision. The contradiction arises because s.21H(1) limits revocation to cases where the Minister is satisfied it is appropriate having regard to declaration criteria — yet s.21H(2) implies revocation can occur at any time regardless. The interplay between discretion (s.21H(2)) and the substantive threshold (s.21H(1)) is internally inconsistent."},{"severity":"low","section_a":"sec.3(2)","section_b":"sec.36B(2)","confidence":0.45,"description":"Section 3(2) states 'nothing in this Act makes the State liable to be prosecuted for an offence'. Section 36B(2) imposes a maximum penalty of 500 penalty units on 'the person carrying on the activity' who fails to respond to a report within 90 days. If a government agency (which is part of the State) carries on a non-government business activity that is declared a monopoly business activity and receives a report under s.33, it is unclear whether s.36B(2) can be enforced against a State entity. Section 36B appears to apply to persons carrying on non-government business activities (which by definition under the Act includes non-government persons), but the drafting does not clearly exclude State actors, creating potential conflict with s.3(2)."},{"severity":"medium","section_a":"sec.13(1)(a)","section_b":"sec.13(1)(b)(ii)","confidence":0.65,"description":"Section 13(1)(a) requires a direction to be publicly available within 14 days. Section 13(1)(b)(ii) ends this obligation when a report 'containing details of the direction becomes available for public inspection'. However, under s.35, the authority can delay public availability of a report for a 'stated period'. If a report is suppressed under s.35 shortly after the direction is first made publicly available (but before 2 years), the direction's independent public availability could lapse (because s.13(1)(b)(ii) is triggered by the report becoming available) while the report containing those details remains suppressed — leaving the public with no access to either. This creates a direct contradiction between the transparency objectives of s.13 and the suppression mechanism of s.35."}]}},"importantCases":[],"_links":{"self":"/api/acts/queensland-competition-authority-act-1997","history":"/api/acts/queensland-competition-authority-act-1997/history","analysis":"/api/acts/queensland-competition-authority-act-1997/analysis","conflicts":"/api/acts/queensland-competition-authority-act-1997/conflicts","importantCases":"/api/acts/queensland-competition-authority-act-1997/important-cases","documents":"/api/acts/queensland-competition-authority-act-1997/documents"}}