44NBARecommendation by Council

44NBA Recommendation by Council

(1) If a decision of the Commonwealth Minister is in force under section 44N (including as a result of an extension under section 44NB) that a regime established by a State or Territory for access to a service is an effective access regime, the Council:

(a) may, on its own initiative; and

(b) must, on an application made under subsection (3);

consider whether to recommend that the Commonwealth Minister revoke the decision.

(2) Before considering on its own initiative whether to recommend that the Commonwealth Minister revoke the decision, the Council must:

(a) publish, by electronic or other means, a notice to that effect; and

(b) give a copy of the notice to:

(i) the responsible Minister for the State or Territory; and

(ii) the provider of the service.

(3) Any of the following may make a written application to the Council asking it to recommend that the Commonwealth Minister revoke the decision:

(a) a person who is seeking access to the service;

(b) the responsible Minister for the State or Territory;

(c) the provider of the service.

The Council must give a copy of the application to each entity mentioned in paragraph (b) or (c), unless that entity is the applicant.

(4) Subject to subsection (5), the Council’s consideration of whether to make the recommendation must be in accordance with subsection 44M(4).

(5) In considering whether to make the recommendation, the Council must consider whether it is satisfied that the regime no longer meets the relevant principles, set out in the National Competition Policy Agreement, relating to whether access regimes are effective access regimes, because of either or both of the following:

(a) substantial changes to the regime;

(b) substantial amendments of those principles.

(6) If the Council is so satisfied, the Council must, in writing, recommend to the Commonwealth Minister that he or she revoke the decision.

(7) If the Council is not so satisfied, the Council must, in writing, recommend to the Commonwealth Minister that he or she not revoke the decision.

Note 1: There are time limits that apply to the Council’s recommendation: see section 44NC.

Note 2: The Council may request information and invite public submissions: see sections 44NBB and 44NE.

Note 3: The Council must publish its recommendation: see section 44NF.