41ACCC consideration of application

41 ACCC consideration of application

(1) The ACCC must consider an approval application and decide whether or not to approve the proposed standard terms or proposed variation of approved standard terms.

(2) In making its decision on the application, the ACCC must have regard to the following matters:

(a) the object of this Act;

(b) the legitimate business interests of the designated entity;

(c) the public interest;

(d) the interests of customers who would potentially be provided relevant cash distribution services or facilities access by the entity;

(e) the principle that the pricing of relevant cash distribution services or facilities access should:

(i) be set so as to generate expected revenue that is at least sufficient to meet the efficient costs of providing the cash distribution services or facilities access; and

(ii) include a return on investment commensurate with the regulatory and commercial risks involved; and

(iii) for facilities access—not discriminate in favour of the entity’s own downstream operations (in the case of a vertically integrated designated entity), or operations of a related body corporate, except to the extent that the cost of providing facilities access to other persons is higher; and

(iv) use methods that provide incentives to reduce costs incurred by or otherwise improve productivity of the entity;

(f) any relevant service‑level standard;

(fa) any relevant cash‑related contractual chain order;

(g) any requirements determined under subsection 60(1) (which deals with dispute resolution requirements);

(h) any submissions or consultation referred to in subsection (3) of this section in relation to the application;

(i) any information given under section 38 in relation to the application;

(j) any other matters the ACCC considers relevant.

(3) Before making its decision on the application, the ACCC may conduct consultation by:

(a) inviting submissions from the public or particular persons on the application; or

(b) undertaking such other consultation on the application as the ACCC considers appropriate, whether publicly or with particular persons.

(3A) Without limiting subsection (3), the ACCC may consult the Fair Work Commission or the Fair Work Ombudsman in relation to interactions with any relevant cash‑related contractual chain orders.

(4) The ACCC must make a decision on the application within:

(a) 130 business days after the day the application is made; or

(b) if the application is for an approval of a proposed variation of approved standard terms—90 business days after the day the application is made.