39Report on inquiry

39 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 the inquiry in accordance with section 27. (2) A report in relation to an inquiry into a relevant dispute must: (a) recommend: (i) if subparagraph 22(2)(a)(ii) applies in relation to the dispute—the amount of the rate reduction that should be provided in respect of the supply of the bulk interconnection service that is the subject of the dispute; and (ii) if subparagraph 22(2)(a)(iv) applies in relation to the dispute—the period for which the rate reduction in respect of the supply of the service should apply; and (iii) if subparagraph 22(2)(a)(vi) applies in relation to the relevant dispute—the other terms and conditions on which the rate reduction in respect of the supply of the service should apply; 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 relevant 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 a member of the ACCC does not agree to a recommendation made in a report, the report must set out the recommendation the member would have made instead.