43Determination of standard terms by ACCC

43 Determination of standard terms by ACCC

(1) The ACCC may, by writing, determine standard terms or a variation of approved standard terms for a particular designated entity in relation to the provision of a kind of cash distribution services or facilities access to all customers or a specified kind of customers.

(2) The ACCC may only determine standard terms under subsection (1) if the ACCC is satisfied that:

(a) the entity has failed to comply with a requirement under section 35 to make an application for approval of standard terms covering the cash distribution services or facilities access; or

(b) the entity has failed to comply with a requirement under section 38 to give the ACCC information in relation to an application for approval of standard terms covering the cash distribution services or facilities access; or

(c) the ACCC has decided (or is taken to have decided) under Subdivision C not to approve standard terms covering the cash distribution services or facilities access.

(3) The ACCC may only determine a variation of approved standard terms under subsection (1) if:

(a) the ACCC is satisfied that:

(i) the entity has failed to comply with a requirement under section 36 to make an application for approval of a variation of standard terms covering the cash distribution services or facilities access; or

(ii) the entity has failed to comply with a requirement under section 38 to give the ACCC information in relation to an application for approval of a variation of approved standard terms covering the cash distribution services or facilities access; or

(iii) the ACCC has decided (or is taken to have decided) under Subdivision C not to approve a variation of approved standard terms covering the cash distribution services or facilities access for the entity; and

(b) the variation is in relation to the same matter with which the requirement to vary, or application for approval of a variation, was concerned.

(4) In making a determination under subsection (1), the ACCC must have regard to the following matters:

(a) the matters mentioned in paragraphs 41(2)(a) to (g);

(b) any submissions or consultation referred to in subsection (7) of this section in relation to the application;

(c) any information given under section 45 in relation to the determination;

(d) any other matters the ACCC considers relevant.

Notification of proposal before making decision to determine standard terms

(5) Before making a determination under subsection (1), the ACCC must:

(a) notify the entity, in writing, of the matters in relation to which the ACCC is proposing to make a determination; and