9Complaints about competitive neutrality

9 Complaints about competitive neutrality

9 Complaints about competitive neutrality

(1) The Minister may refer to the Board, for investigation and report, a complaint about a public trading agency with respect to either or both of the following (so far as the complaint relates to a tender bid made by the agency in response to an invitation for tenders)—

(a) a failure of the agency to comply with competitive neutrality principles in relation to any or all of its public trading activities,

(b) the inappropriate manner in which competitive neutrality principles are applied by or to the agency in relation to any or all of its public trading activities.

(2) The Minister is not to refer a complaint to the Board unless satisfied—

(a) that the complaint relates to any or all of the public trading activities of the agency, and

(b) that the complainant is able to demonstrate that a person (the competitor) competes, or seeks to compete, in a particular market with the agency and is hindered or is likely to be hindered from or in doing so by the matters complained of, and

(c) that the competitor is materially affected by the matters complained of or is likely to be so affected, and

(d) that the complaint has been made by the competitor or by a person or body authorised by the competitor to make the complaint on behalf of the competitor, and

(e) that the subject-matter of the complaint has been raised with the agency and the complainant has reasonable grounds for not being satisfied with the response to the complaint.

(3) The Board is required to notify the complainant, the agency, the agency’s portfolio Minister and the Treasurer of the reference and that an investigation into the complaint will be conducted.

(4) If the Minister has referred a complaint to the Board for investigation and report, the Minister may withdraw or amend the reference at any time before the Minister has received the report from the Board.