44DAAMeaning of National Competition Policy Agreement

44DAA Meaning of National Competition Policy Agreement

(1) The National Competition Policy Agreement is:

(a) until the Minister specifies an agreement under subsection (2)—the Intergovernmental Agreement on National Competition Policy agreed on 29 November 2024 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time; or

(b) otherwise—the agreement specified by the Minister under subsection (2) as in force from time to time.

Note: The Intergovernmental Agreement on National Competition Policy could in 2026 be viewed on the website for Australia’s Federal Relations Architecture (https://federation.gov.au).

(2) The Minister may, by legislative instrument, specify that an agreement to which the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory are all parties at the time the instrument is made, is the National Competition Policy Agreement for the purposes of paragraph (1)(b).

(3) If the Minister specifies an agreement in an instrument made under subsection (2), then the Minister must also specify in that instrument a component of the agreement that is to be the public interest test in relation to the agreement.

Note: The Productivity Commission’s consideration of a complaint under Division 2 of Part 4 of the Productivity Commission Act 1998 must include giving particular consideration to the public interest test in relation to the National Competition Policy Agreement.