73Common carrier

#### 73 Common carrier (1) The Joint Authority may, by instrument in writing served on a pipeline licensee, direct the pipeline licensee to be a common carrier of petroleum in respect of the pipeline and thereupon the pipeline licensee is a common carrier of petroleum in respect of the pipeline. (2) Subsection (1) does not apply in relation to a pipeline if: (a) the pipeline is a covered pipeline within the meaning of the Third Party Access Code; or (b) the service provided by means of the pipeline is the subject of a declaration under section 44H of the Trade Practices Act 1974; or (c) the service provided by means of the pipeline is the subject of an undertaking accepted by the Australian Competition and Consumer Commission under section 44ZZA of the Trade Practices Act 1974. (3) While a direction made by the joint Authority is in force in respect of a pipeline: (a) the pipeline cannot be a covered pipeline within the meaning of the Third Party Access Code; and (b) Part IIIA of the Trade Practices Act 1974 does not apply in relation to any service provided by means of the pipeline.