93OCriteria for issuing certificate

93O Criteria for issuing certificate

[Criteria] (1) Subject to subsection (2) and sections 93P and 93PA, the DAA must issue the certificate if: (a) in any case—the DAA is satisfied that: (i) the proposed borrowing is an infrastructure borrowing; and (ii) the dates specified in the application in accordance with subsection 93N(3) are reasonable; and (b) in the case of an indirect infrastructure borrowing where a certificate is not in force in relation to the other borrowing mentioned in subparagraph 93G(b)(i)—the DAA decides to issue such a certificate at the same time as it issues the certificate in relation to the indirect infrastructure borrowing. [Laws restricting competition] (2) If: (a) the borrowing is a direct infrastructure borrowing; and (b) there is in force, at the time at which the DAA proposes to issue the certificate in relation to the borrowing, a law that the DAA is satisfied will prohibit or restrict the operation of other facilities in competition with the infrastructure facilities concerned; the DAA must not issue the certificate.