27Report on inquiry

27 Report on inquiry

(1) Unless the ACCC has sooner discontinued an inquiry, it must report to the Minister in relation to the inquiry within the time prescribed for completing of the inquiry in accordance with regulation 14. (2) A report must: (a) recommend: (i) if subparagraph 9 (2) (b) (i) applies in relation to the inquiry—the rate reduction that should apply to a bulk interconnection service supplied to the complainant; and (ii) if subparagraph 9 (2) (b) (ii) applies in relation to the inquiry—the period during which the bulk interconnection service should be supplied to the complainant at the reduced rate; and (iii) if subparagraph 9 (2) (b) (iii) applies in relation to the inquiry—the other terms and conditions on which the bulk interconnection service should be supplied to the complainant at the reduced rate; and (b) give the reasons for the recommendation. (3) In making a recommendation, the ACCC must have regard to: (a) all the circumstances from which the dispute arose that are known to the ACCC; and (b) information provided to the ACCC in the inquiry; and (c) the obligations of Australia Post under sections 26, 27 and 28 of the Act; and (d) Australia Post’s estimate of the average transport costs avoided by Australia Post in respect of letters lodged for delivery under the service; and (e) any other relevant matter. (4) If the members of the ACCC conducting the inquiry disagree about a recommendation: (a) the recommendation of the majority of the members (or, if there is not a majority in favour of a recommendation, the recommendation of the presiding member) prevails; and (b) the report must set out the other recommendation.