16Access rules

16 Access rules

S. 16(1) amended by Nos 62/2001 s. 83(e), 75/2004 s. 58(1).

(1) Unless the Commission otherwise determines in accordance with Part 3 of the Essential Services Commission Act 2001, a facility used in the provision of prescribed services is a significant infrastructure facility and is to be regulated in accordance with the Competition Principles Agreement.

(2) It is hereby declared that it is necessary to provide for access to prescribed services because—

(a) it is not economically feasible to duplicate the prescribed services; and

S. 16(2)(b) amended by No. 73/2003 s. 6.

(b) access to the prescribed services is necessary in order to permit effective competition in the grain market; and

(c) the safe use of the prescribed services by persons seeking access can be ensured at an economically feasible cost.

S. 16(3) inserted by No. 75/2004 s. 58(2), amended by No. 44/2007 s. 6.

(3) The Commission must not determine for the purposes of subsection (1) that all facilities used in the provision of prescribed services in the Port of Melbourne, the Port of Geelong or the Port of Portland have ceased to be significant infrastructure facilities.

S. 17 (Heading) inserted by No. 73/2003 s. 7(1).