Queensland act

Queensland Competition Authority Act 1997

In ForceQLD

Jurisdiction

Queensland

Act Number

25 of 1997

Collection

act

Plain English Summary

7/10 complexity

The Queensland Competition Authority Act 1997 sets out how the Queensland Competition Authority can declare major infrastructure services (rail, ports, energy, water, sewerage), decide access disputes and arbitrate terms, approve rulings about access treatment, and make or amend monopoly water‑pricing determinations. It affects facility owners/operators, businesses seeking access, water suppliers, Ministers and local governments. Mechanically, it prescribes legal tests for declarations, procedural timelines, confidentiality rules and enforcement powers that change who decides, who pays, and the compliance burden on firms.

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Deep Dive

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What it does

The Queensland Competition Authority Act 1997 (Qld) establishes the Queensland Competition Authority (QCA) as the State's principal economic regulator for monopoly infrastructure and business activities. It creates three parallel regulatory frameworks within a single statute: a monopoly pricing regime (Part 3), a competitive neutrality regime (Part 4), and an access to services regime (Part 5). It also contains separate provisions for water pricing (Part 5A) and governs the QCA's own governance, investigative powers, conduct of mediations and arbitrations, and enforcement.

The Act commences from 1 July 1997 for Parts 3 and 4, with Part 5 commencing on the same date. It has been amended extensively, with significant changes for local government competitive neutrality, water pricing, electricity and gas distribution network codes, and the current restructured form of the competitive neutrality provisions.

Main concepts

Queensland Competition Authority. Section 7 establishes the QCA as a body corporate. Section 9 clarifies that the QCA represents the State in all its dealings, giving it the legal standing of the Crown for contractual and litigious purposes. Section 8 establishes the QCA's legal status. The QCA consists of at least 3 members appointed by the Governor in Council (section 209), who must collectively have knowledge of commerce, economics, and the interests of consumers and the community.

Current sections

Direct links to the current provisions in Queensland Competition Authority Act 1997.

529

pt.1

Preliminary

pt.1-div.1

Introduction

sec.1

Short title

sec.1 Short title

This Act may be cited as the Queensland Competition Authority Act 1997 .

sec.2

Commencement

sec.2 Commencement

Parts 3 and 4 commence on 1 July 1997.

sec.3

Act binds State

sec.3 Act binds State

This Act binds the State. Nothing in this Act makes the State liable to be prosecuted for an offence. (sec.3-ssec.1) This Act binds the State. (sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.

sec.4

Extraterritorial operation

sec.4 Extraterritorial operation

It is the intention of Parliament that this Act should apply, as far as possible, to— land and things outside Queensland (whether in or outside Australia); and acts, transactions and things done, entered into or happening outside Queensland (whether in or outside Australia); and land, things, acts and transactions (wherever situated, done, entered into or happening) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction (including a foreign country).

(a) land and things outside Queensland (whether in or outside Australia); and
(b) acts, transactions and things done, entered into or happening outside Queensland (whether in or outside Australia); and
(c) land, things, acts and transactions (wherever situated, done, entered into or happening) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction (including a foreign country).

pt.1-div.2

Interpretation

sec.5

Dictionary

sec.5 Dictionary

The dictionary in schedule 2 defines particular words in this Act. s 5 amd 2010 No. 32 s 16

sec.6

Section sec.6

s 6 om 2013 No. 39 s 15

pt.2

Queensland Competition Authority

pt.2-div.1

Establishment of authority

sec.7

Establishment of authority

sec.7 Establishment of authority

The Queensland Competition Authority is established.

sec.8

Legal status of authority

sec.8 Legal status of authority

The authority— is a body corporate; and has a common seal; and may sue and be sued in its corporate name.

(a) is a body corporate; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.

sec.9

Authority’s relationship with State

sec.9 Authority’s relationship with State

The authority represents the State. Without limiting subsection (1) , the authority has all the rights, privileges and immunities of the State. s 9 amd 2001 No. 45 s 29 sch 3 (sec.9-ssec.1) The authority represents the State. (sec.9-ssec.2) Without limiting subsection (1) , the authority has all the rights, privileges and immunities of the State.

pt.2-div.2

Functions and powers of authority

sec.10

Authority’s functions

sec.10 Authority’s functions

The authority’s functions are— to develop criteria, and, at the request of the Minister or on its own initiative, to revise the criteria or give information or advice to the Minister about the criteria, to be used by the Minister for deciding whether to declare the following— a government business activity or non-government business activity to be a monopoly business activity; a candidate water supply activity to be a monopoly water supply activity; and to make recommendations to the Minister for the revocation of declarations of monopoly business activities made by the Minister; and to conduct investigations and report to the Minister about pricing practices relating to monopoly business activities; and to conduct price monitoring investigations in relation to monopoly business activities and report the results of the investigations to the Minister; and to advise government agencies about complying with the principle of competitive neutrality; and to receive, investigate and report on complaints about the alleged failures of government agencies to comply with the principle of competitive neutrality; and if directed by the Minister—under the direction, to investigate and report to the Minister on any matter relating to competition, industry or productivity; and to make recommendations to the Minister for the making or revocation of declarations of services under part 5 ; and to mediate to resolve access disputes; and if asked by the parties to access agreements—to mediate to resolve disputes under the agreements; and to conduct arbitration hearings for resolving access disputes; and if asked by the parties to access agreements—to arbitrate to resolve disputes under the agreements; and to conduct arbitration hearings about applications for arbitration under the Water Supply (Safety and Reliability) Act 2008 , section 524 (2) ; and to approve undertakings for services; and to monitor compliance with approved access undertakings; and to monitor compliance with water pricing determinations; and at the request of the Minister, or on its own initiative—to give information or advice to the Minister about— access codes or proposed access codes, or the contents of access codes or proposed access codes; or water pricing determination codes or proposed water pricing determination codes, or the contents of water pricing determination codes or proposed water pricing determination codes; and to make distribution network codes, other than an initial distribution network code, under the Electricity Act 1994 and the Gas Supply Act 2003 ; and to monitor compliance with distribution network codes under the Electricity Act 1994 and the Gas Supply Act 2003 ; and to review particular decisions under the Electricity Act 1994 ; and if directed by the Minister—to monitor compliance by a government agency, or conduct arbitration hearings for resolving disputes about a government agency’s compliance, with a code of conduct the agency has agreed to abide by; and to perform other functions given to the authority under an Act, including, for example— performing a function or exercising a power delegated to it under an Act; or doing an act it is directed to do under an Act; and to perform a function incidental to a function mentioned in paragraphs (a) to (v) . s 10 amd 1997 No. 77 s 87 ; 2000 No. 15 s 3 ; 2000 No. 34 s 1145 sch 3 ; 2005 No. 37 s 4 ; 2006 No. 60 s 172 ; 2008 No. 34 s 751 sch 2 ; 2008 No. 35 s 5 ; 2010 No. 32 s 17 ; 2010 No. 53 s 94 ; 2010 No. 17 s 94 ; 2012 No. 8 s 56 ; 2012 No. 25 s 166 ; 2013 No. 39 s 43 sch 1 ; 2014 No. 48 s 179 ; 2015 No. 29 s 64 ; 2021 No. 12 s 201

(a) to develop criteria, and, at the request of the Minister or on its own initiative, to revise the criteria or give information or advice to the Minister about the criteria, to be used by the Minister for deciding whether to declare the following— (i) a government business activity or non-government business activity to be a monopoly business activity; (ii) a candidate water supply activity to be a monopoly water supply activity; and
(i) a government business activity or non-government business activity to be a monopoly business activity;
(ii) a candidate water supply activity to be a monopoly water supply activity; and
(b) to make recommendations to the Minister for the revocation of declarations of monopoly business activities made by the Minister; and
(c) to conduct investigations and report to the Minister about pricing practices relating to monopoly business activities; and
(d) to conduct price monitoring investigations in relation to monopoly business activities and report the results of the investigations to the Minister; and
(e) to advise government agencies about complying with the principle of competitive neutrality; and
(f) to receive, investigate and report on complaints about the alleged failures of government agencies to comply with the principle of competitive neutrality; and
(g) if directed by the Minister—under the direction, to investigate and report to the Minister on any matter relating to competition, industry or productivity; and
(h) to make recommendations to the Minister for the making or revocation of declarations of services under part 5 ; and
(i) to mediate to resolve access disputes; and
(j) if asked by the parties to access agreements—to mediate to resolve disputes under the agreements; and
(k) to conduct arbitration hearings for resolving access disputes; and
(l) if asked by the parties to access agreements—to arbitrate to resolve disputes under the agreements; and
(m) to conduct arbitration hearings about applications for arbitration under the Water Supply (Safety and Reliability) Act 2008 , section 524 (2) ; and
(n) to approve undertakings for services; and
(o) to monitor compliance with approved access undertakings; and
(p) to monitor compliance with water pricing determinations; and
(q) at the request of the Minister, or on its own initiative—to give information or advice to the Minister about— (i) access codes or proposed access codes, or the contents of access codes or proposed access codes; or (ii) water pricing determination codes or proposed water pricing determination codes, or the contents of water pricing determination codes or proposed water pricing determination codes; and
(i) access codes or proposed access codes, or the contents of access codes or proposed access codes; or
(ii) water pricing determination codes or proposed water pricing determination codes, or the contents of water pricing determination codes or proposed water pricing determination codes; and
(r) to make distribution network codes, other than an initial distribution network code, under the Electricity Act 1994 and the Gas Supply Act 2003 ; and
(s) to monitor compliance with distribution network codes under the Electricity Act 1994 and the Gas Supply Act 2003 ; and
(t) to review particular decisions under the Electricity Act 1994 ; and
(u) if directed by the Minister—to monitor compliance by a government agency, or conduct arbitration hearings for resolving disputes about a government agency’s compliance, with a code of conduct the agency has agreed to abide by; and
(v) to perform other functions given to the authority under an Act, including, for example— (i) performing a function or exercising a power delegated to it under an Act; or (ii) doing an act it is directed to do under an Act; and
(i) performing a function or exercising a power delegated to it under an Act; or
(ii) doing an act it is directed to do under an Act; and
(w) to perform a function incidental to a function mentioned in paragraphs (a) to (v) .
(i) a government business activity or non-government business activity to be a monopoly business activity;
(ii) a candidate water supply activity to be a monopoly water supply activity; and
(i) access codes or proposed access codes, or the contents of access codes or proposed access codes; or
(ii) water pricing determination codes or proposed water pricing determination codes, or the contents of water pricing determination codes or proposed water pricing determination codes; and
(i) performing a function or exercising a power delegated to it under an Act; or
(ii) doing an act it is directed to do under an Act; and

sec.11

Authority’s powers

sec.11 Authority’s powers

The authority has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants; and do anything else necessary or convenient to be done for, or in connection with, the performance of its functions. Without limiting subsection (1) , the authority has the powers given to it under this or another Act. The authority may exercise its powers inside and outside Queensland, including outside Australia. (sec.11-ssec.1) The authority has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants; and do anything else necessary or convenient to be done for, or in connection with, the performance of its functions. (sec.11-ssec.2) Without limiting subsection (1) , the authority has the powers given to it under this or another Act. (sec.11-ssec.3) The authority may exercise its powers inside and outside Queensland, including outside Australia.

(a) enter into contracts; and
(b) acquire, hold, deal with and dispose of property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) do anything else necessary or convenient to be done for, or in connection with, the performance of its functions.

sec.12

Directions by Minister about authority’s functions

sec.12 Directions by Minister about authority’s functions

The authority is subject to the written directions of the Minister in performing its functions. Despite subsection (1) , the authority is not subject to direction by the Minister— in relation to the conduct of any investigation by the authority (except as provided in subsection (3) and section 24 ); or in relation to the content of any report of the authority; or in performing its functions under part 5 . For the conduct of an investigation by the authority, other than an investigation of a competitive neutrality complaint, the Minister may direct the authority to consult with a stated entity. The Minister must cause a copy of any direction to be gazetted within 14 days after it is given. Despite subsection (2) , a direction by the Minister under section 10 (g) must state how the investigation is to be conducted and, for that purpose, may apply all or stated provisions of part 6 to the investigation. To the extent the direction applies all or stated provisions of part 6 , the part or stated provisions apply to the investigation. s 12 amd 2000 No. 15 s 3A ; 2012 No. 8 s 57 ; 2012 No. 25 s 167 ; 2013 No. 39 s 43 sch 1 ; 2021 No. 12 s 202 (sec.12-ssec.1) The authority is subject to the written directions of the Minister in performing its functions. (sec.12-ssec.2) Despite subsection (1) , the authority is not subject to direction by the Minister— in relation to the conduct of any investigation by the authority (except as provided in subsection (3) and section 24 ); or in relation to the content of any report of the authority; or in performing its functions under part 5 . (sec.12-ssec.3) For the conduct of an investigation by the authority, other than an investigation of a competitive neutrality complaint, the Minister may direct the authority to consult with a stated entity. (sec.12-ssec.4) The Minister must cause a copy of any direction to be gazetted within 14 days after it is given. (sec.12-ssec.5) Despite subsection (2) , a direction by the Minister under section 10 (g) must state how the investigation is to be conducted and, for that purpose, may apply all or stated provisions of part 6 to the investigation. (sec.12-ssec.6) To the extent the direction applies all or stated provisions of part 6 , the part or stated provisions apply to the investigation.

(a) in relation to the conduct of any investigation by the authority (except as provided in subsection (3) and section 24 ); or
(b) in relation to the content of any report of the authority; or
(c) in performing its functions under part 5 .

sec.13

Public availability of directions

sec.13 Public availability of directions

If the authority receives a direction from the Minister, the authority must ensure— a copy of the direction is available for public inspection within 14 days after receiving the direction; and a copy of the direction continues to be available for public inspection— for 2 years after it first became available for public inspection; or if, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection. Arrangements made for subsection (1) must include ensuring a copy of the direction is available for public inspection during office hours on business days at the authority’s office. s 13 amd 2013 No. 39 s 43 sch 1 (sec.13-ssec.1) If the authority receives a direction from the Minister, the authority must ensure— a copy of the direction is available for public inspection within 14 days after receiving the direction; and a copy of the direction continues to be available for public inspection— for 2 years after it first became available for public inspection; or if, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection. (sec.13-ssec.2) Arrangements made for subsection (1) must include ensuring a copy of the direction is available for public inspection during office hours on business days at the authority’s office.

(a) a copy of the direction is available for public inspection within 14 days after receiving the direction; and
(b) a copy of the direction continues to be available for public inspection— (i) for 2 years after it first became available for public inspection; or (ii) if, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection.
(i) for 2 years after it first became available for public inspection; or
(ii) if, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection.
(i) for 2 years after it first became available for public inspection; or
(ii) if, in the period, a report of the authority containing details of the direction becomes available for public inspection—until the report becomes available for public inspection.

pt.3

Pricing practices relating to monopoly business activities

pt.3-div.1

Application of part

sec.13A

What pt 3 is about

sec.13A What pt 3 is about

This part is about— the declaration of monopoly business activities; and the investigation and reporting by the authority about pricing practices relating to monopoly business activities; and the conduct of price monitoring investigations by the authority in relation to monopoly business activities. This part applies generally to— government agencies; and other persons carrying on business activities involving services provided by means of facilities. The application of the part to an activity carried on by a local government entity depends on whether the activity is a significant business activity. s 13A ins 2000 No. 15 s 5 sub 2008 No. 35 s 7 (sec.13A-ssec.1) This part is about— the declaration of monopoly business activities; and the investigation and reporting by the authority about pricing practices relating to monopoly business activities; and the conduct of price monitoring investigations by the authority in relation to monopoly business activities. (sec.13A-ssec.2) This part applies generally to— government agencies; and other persons carrying on business activities involving services provided by means of facilities. (sec.13A-ssec.3) The application of the part to an activity carried on by a local government entity depends on whether the activity is a significant business activity.

(a) the declaration of monopoly business activities; and
(b) the investigation and reporting by the authority about pricing practices relating to monopoly business activities; and
(c) the conduct of price monitoring investigations by the authority in relation to monopoly business activities.
(a) government agencies; and
(b) other persons carrying on business activities involving services provided by means of facilities.

sec.13B

Application of part to responsible local governments consisting of 2 or more local governments

sec.13B Application of part to responsible local governments consisting of 2 or more local governments

This section applies if the responsible local government for a local government entity consists of 2 or more local governments (the participants ). If this part requires or permits something to be done by a responsible local government, the thing may be done by 1 or more of the participants for the responsible local government. If a provision of this part refers to a responsible local government doing something, the provision applies as if the provision referred to 1 or more of the participants for the responsible local government doing the thing for the responsible local government. s 13B ins 2000 No. 15 s 5 (sec.13B-ssec.1) This section applies if the responsible local government for a local government entity consists of 2 or more local governments (the participants ). (sec.13B-ssec.2) If this part requires or permits something to be done by a responsible local government, the thing may be done by 1 or more of the participants for the responsible local government. (sec.13B-ssec.3) If a provision of this part refers to a responsible local government doing something, the provision applies as if the provision referred to 1 or more of the participants for the responsible local government doing the thing for the responsible local government.

sec.13C

Application of part to responsible local government for giving notices

sec.13C Application of part to responsible local government for giving notices

If this part requires or permits a notice to be given to a responsible local government and it consists of 2 or more local governments, the notice may be given to— if there is a nominated local government for the responsible local government—the nominated local government; or if the authority has requested notification of a nominated local government for the responsible local government but there is no nominated local government—any 1 of the local governments of which the responsible local government consists. A local government is the nominated local government for a responsible local government consisting of 2 or more local governments only if a written notice has been given to the authority in relation to the local government (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other local governments that the nominee is authorised by them to receive notices under this part for all the local governments; and a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments. For subsection (1) (b) , the authority may request notification of a nominated local government for the responsible local government by giving a notice to each local government of which the responsible local government consists asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 of the local governments (also the nominee ); and a signed statement by the other local governments that the nominee is authorised by them to receive notices under this Act for all the local governments; and a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments. s 13C ins 2000 No. 15 s 5 (sec.13C-ssec.1) If this part requires or permits a notice to be given to a responsible local government and it consists of 2 or more local governments, the notice may be given to— if there is a nominated local government for the responsible local government—the nominated local government; or if the authority has requested notification of a nominated local government for the responsible local government but there is no nominated local government—any 1 of the local governments of which the responsible local government consists. (sec.13C-ssec.2) A local government is the nominated local government for a responsible local government consisting of 2 or more local governments only if a written notice has been given to the authority in relation to the local government (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other local governments that the nominee is authorised by them to receive notices under this part for all the local governments; and a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments. (sec.13C-ssec.3) For subsection (1) (b) , the authority may request notification of a nominated local government for the responsible local government by giving a notice to each local government of which the responsible local government consists asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 of the local governments (also the nominee ); and a signed statement by the other local governments that the nominee is authorised by them to receive notices under this Act for all the local governments; and a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments.

(a) if there is a nominated local government for the responsible local government—the nominated local government; or
(b) if the authority has requested notification of a nominated local government for the responsible local government but there is no nominated local government—any 1 of the local governments of which the responsible local government consists.
(a) the nominee’s name and address for receiving notices; and
(b) a signed statement by the other local governments that the nominee is authorised by them to receive notices under this part for all the local governments; and
(c) a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments.
(a) the name, and address for receiving notices, of 1 of the local governments (also the nominee ); and
(b) a signed statement by the other local governments that the nominee is authorised by them to receive notices under this Act for all the local governments; and
(c) a signed statement by the nominee agreeing to be the local government authorised to receive notices under this Act for all the local governments.

sec.13D

Application of part to local government entities and responsible local governments that are the same person

sec.13D Application of part to local government entities and responsible local governments that are the same person

This section applies if— this part requires or permits something to be done by both a local government entity and the responsible local government for the entity; and the local government entity is not incorporated. The thing may be done by the local government entity or the responsible local government once and— if the thing is done by the local government entity—it is taken to have also been done by the responsible local government; or if the thing is done by the responsible local government—it is taken to have also been done by the local government entity. s 13D ins 2000 No. 15 s 5 (sec.13D-ssec.1) This section applies if— this part requires or permits something to be done by both a local government entity and the responsible local government for the entity; and the local government entity is not incorporated. (sec.13D-ssec.2) The thing may be done by the local government entity or the responsible local government once and— if the thing is done by the local government entity—it is taken to have also been done by the responsible local government; or if the thing is done by the responsible local government—it is taken to have also been done by the local government entity.

(a) this part requires or permits something to be done by both a local government entity and the responsible local government for the entity; and
(b) the local government entity is not incorporated.
(a) if the thing is done by the local government entity—it is taken to have also been done by the responsible local government; or
(b) if the thing is done by the responsible local government—it is taken to have also been done by the local government entity.

sec.13E

Application of part to local government entities and responsible local governments that are the same person for giving notices

sec.13E Application of part to local government entities and responsible local governments that are the same person for giving notices

This section applies if— this part requires or permits a notice to be given to both a local government entity and the responsible local government for the entity; and the local government entity is not incorporated. The notice may be given to the local government entity or the responsible local government once and— if the notice is given to the local government entity—it is taken to have also been given to the responsible local government; or if the notice is given to the responsible local government—it is taken to have also been given to the local government entity. s 13E ins 2000 No. 15 s 5 (sec.13E-ssec.1) This section applies if— this part requires or permits a notice to be given to both a local government entity and the responsible local government for the entity; and the local government entity is not incorporated. (sec.13E-ssec.2) The notice may be given to the local government entity or the responsible local government once and— if the notice is given to the local government entity—it is taken to have also been given to the responsible local government; or if the notice is given to the responsible local government—it is taken to have also been given to the local government entity.

(a) this part requires or permits a notice to be given to both a local government entity and the responsible local government for the entity; and
(b) the local government entity is not incorporated.
(a) if the notice is given to the local government entity—it is taken to have also been given to the responsible local government; or
(b) if the notice is given to the responsible local government—it is taken to have also been given to the local government entity.

pt.3-div.1A

Criteria for declarations of monopoly business activities

sec.14

Development of criteria for government business activities

sec.14 Development of criteria for government business activities

Within 6 months after the commencement, the authority must— develop criteria for use by the Minister for deciding whether to declare a government business activity to be a monopoly business activity; and give written notice of the criteria to the Minister. s 14 amd 2008 No. 35 s 9 ; 2013 No. 39 s 43 sch 1

(a) develop criteria for use by the Minister for deciding whether to declare a government business activity to be a monopoly business activity; and
(b) give written notice of the criteria to the Minister.

sec.14A

Development of criteria for non-government business activities

sec.14A Development of criteria for non-government business activities

Within 6 months after the commencement of this section, the authority must— develop criteria for use by the Minister for deciding whether to declare a non-government business activity to be a monopoly business activity; and give written notice of the criteria to the Minister. s 14A ins 2008 No. 35 s 10 amd 2013 No. 39 s 43 sch 1

(a) develop criteria for use by the Minister for deciding whether to declare a non-government business activity to be a monopoly business activity; and
(b) give written notice of the criteria to the Minister.

sec.15

Revision of, and advice about, criteria

sec.15 Revision of, and advice about, criteria

The authority must, if requested by the Minister, and may, on its own initiative— revise the criteria given to the Minister under section 14 or 14A , including the criteria as previously revised under this section; and give information or advice to the Minister about the current criteria. The authority must give written notice of any revised criteria to the Minister. s 15 amd 2008 No. 35 s 11 ; 2013 No. 39 s 43 sch 1 (sec.15-ssec.1) The authority must, if requested by the Minister, and may, on its own initiative— revise the criteria given to the Minister under section 14 or 14A , including the criteria as previously revised under this section; and give information or advice to the Minister about the current criteria. (sec.15-ssec.2) The authority must give written notice of any revised criteria to the Minister.

(a) revise the criteria given to the Minister under section 14 or 14A , including the criteria as previously revised under this section; and
(b) give information or advice to the Minister about the current criteria.

sec.16

Consultation about criteria

sec.16 Consultation about criteria

In developing or revising criteria for this division, the authority may consult with anyone it considers appropriate.

sec.17

Publication of criteria

sec.17 Publication of criteria

The authority must publish the criteria and any revised criteria developed under this division in the gazette and in any other way it considers appropriate.

pt.3-div.2

Declarations of monopoly business activities

sec.18

Request for declaration

sec.18 Request for declaration

The authority may ask the Minister— to declare a government business activity, whether or not it is a significant business activity, to be a monopoly business activity; and For this part significant business activity is defined in the dictionary in schedule 2 as a significant business activity of a local government. if the declaration is made—to refer the monopoly business activity to it under section 23 or 23A . s 18 amd 2000 No. 15 s 6 ; 2008 No. 35 s 14 ; 2013 No. 39 s 43 sch 1

(a) to declare a government business activity, whether or not it is a significant business activity, to be a monopoly business activity; and Note— For this part significant business activity is defined in the dictionary in schedule 2 as a significant business activity of a local government.
(b) if the declaration is made—to refer the monopoly business activity to it under section 23 or 23A .

sec.18A

Notice of requests relating to significant business activities

sec.18A Notice of requests relating to significant business activities

This section applies if the authority makes a request under section 18 (a) relating to a significant business activity. The authority must give written notice of the request to the following, including details of the authority’s reasons for making it— the local government entity carrying on the activity; the responsible local government for the entity. s 18A ins 2000 No. 15 s 7 (sec.18A-ssec.1) This section applies if the authority makes a request under section 18 (a) relating to a significant business activity. (sec.18A-ssec.2) The authority must give written notice of the request to the following, including details of the authority’s reasons for making it— the local government entity carrying on the activity; the responsible local government for the entity.

(a) the local government entity carrying on the activity;
(b) the responsible local government for the entity.

sec.18B

Requests by local government entities and responsible local governments

sec.18B Requests by local government entities and responsible local governments

A responsible local government for a local government entity may ask the Minister— to declare a government business activity that is a significant business activity to be a monopoly business activity; and if the declaration is made—to refer the monopoly business activity to the authority under section 23 or 23A . The responsible local government must give the authority a copy of the request. s 18B ins 2000 No. 15 s 7 amd 2008 No. 35 s 15 ; 2013 No. 39 s 43 sch 1 (sec.18B-ssec.1) A responsible local government for a local government entity may ask the Minister— to declare a government business activity that is a significant business activity to be a monopoly business activity; and if the declaration is made—to refer the monopoly business activity to the authority under section 23 or 23A . (sec.18B-ssec.2) The responsible local government must give the authority a copy of the request.

(a) to declare a government business activity that is a significant business activity to be a monopoly business activity; and
(b) if the declaration is made—to refer the monopoly business activity to the authority under section 23 or 23A .

sec.19

Declaration by Minister

sec.19 Declaration by Minister

The Minister may declare a government business activity to be a monopoly business activity. The declaration must be made by gazette notice. In deciding whether to make a declaration, the Minister must have regard to— the current criteria given to the Minister by the authority for the purpose; and any information or advice about the current criteria given to the Minister by the authority. Also, in deciding whether to make a declaration about a government business activity that is a significant business activity, the Minister must consult with the local government entity carrying on the activity and the responsible local government for the entity. For a consultation under subsection (4) , the Minister must— notify the responsible local government and the local government entity of the Minister’s intention to make a declaration about the significant business activity; and give the responsible local government and the local government entity 90 days to make submissions to the Minister about the intended declaration. A declaration must identify the business activity by reference to the government agency carrying on the activity. The Minister may make a declaration whether or not a request for the declaration is made by the authority. A declaration continues in operation until it is revoked. s 19 amd 2000 No. 15 s 8 ; 2008 No. 35 s 16 ; 2013 No. 39 s 43 sch 1 (sec.19-ssec.1) The Minister may declare a government business activity to be a monopoly business activity. (sec.19-ssec.2) The declaration must be made by gazette notice. (sec.19-ssec.3) In deciding whether to make a declaration, the Minister must have regard to— the current criteria given to the Minister by the authority for the purpose; and any information or advice about the current criteria given to the Minister by the authority. (sec.19-ssec.4) Also, in deciding whether to make a declaration about a government business activity that is a significant business activity, the Minister must consult with the local government entity carrying on the activity and the responsible local government for the entity. (sec.19-ssec.5) For a consultation under subsection (4) , the Minister must— notify the responsible local government and the local government entity of the Minister’s intention to make a declaration about the significant business activity; and give the responsible local government and the local government entity 90 days to make submissions to the Minister about the intended declaration. (sec.19-ssec.6) A declaration must identify the business activity by reference to the government agency carrying on the activity. (sec.19-ssec.7) The Minister may make a declaration whether or not a request for the declaration is made by the authority. (sec.19-ssec.8) A declaration continues in operation until it is revoked.

(a) the current criteria given to the Minister by the authority for the purpose; and
(b) any information or advice about the current criteria given to the Minister by the authority.
(a) notify the responsible local government and the local government entity of the Minister’s intention to make a declaration about the significant business activity; and
(b) give the responsible local government and the local government entity 90 days to make submissions to the Minister about the intended declaration.

sec.20

Declaration by regulation

sec.20 Declaration by regulation

A regulation may declare a government business activity to be a monopoly business activity. A declaration must identify the business activity by reference to the government agency carrying on the activity. s 20 amd 2008 No. 35 s 17 (sec.20-ssec.1) A regulation may declare a government business activity to be a monopoly business activity. (sec.20-ssec.2) A declaration must identify the business activity by reference to the government agency carrying on the activity.

sec.21

Public availability of requests

sec.21 Public availability of requests

The authority must— keep a list of requests made during the preceding 2 years— by the authority under section 18 ; and by responsible local governments under section 18B , of which the authority has been given a copy under section 18B (2) ; and ensure a copy of the list is available for public inspection during office hours on business days at the authority’s office. s 21 amd 2000 No. 15 s 9

(a) keep a list of requests made during the preceding 2 years— (i) by the authority under section 18 ; and (ii) by responsible local governments under section 18B , of which the authority has been given a copy under section 18B (2) ; and
(i) by the authority under section 18 ; and
(ii) by responsible local governments under section 18B , of which the authority has been given a copy under section 18B (2) ; and
(b) ensure a copy of the list is available for public inspection during office hours on business days at the authority’s office.
(i) by the authority under section 18 ; and
(ii) by responsible local governments under section 18B , of which the authority has been given a copy under section 18B (2) ; and

sec.21A

Declaration by Minister

sec.21A Declaration by Minister

The Minister may declare a non-government business activity to be a monopoly business activity. The declaration must be made by gazette notice. In deciding whether to make the declaration, the Minister must— have regard to— the relevant declaration criteria; and any information or advice about the criteria given to the Minister by the authority; and consult with the person carrying on the activity. A declaration must identify the non-government business activity by reference to the person carrying on the activity. A declaration continues in operation until it is revoked. s 21A ins 2008 No. 35 s 18 amd 2013 No. 39 s 43 sch 1 (sec.21A-ssec.1) The Minister may declare a non-government business activity to be a monopoly business activity. (sec.21A-ssec.2) The declaration must be made by gazette notice. (sec.21A-ssec.3) In deciding whether to make the declaration, the Minister must— have regard to— the relevant declaration criteria; and any information or advice about the criteria given to the Minister by the authority; and consult with the person carrying on the activity. (sec.21A-ssec.4) A declaration must identify the non-government business activity by reference to the person carrying on the activity. (sec.21A-ssec.5) A declaration continues in operation until it is revoked.

(a) have regard to— (i) the relevant declaration criteria; and (ii) any information or advice about the criteria given to the Minister by the authority; and
(i) the relevant declaration criteria; and
(ii) any information or advice about the criteria given to the Minister by the authority; and
(b) consult with the person carrying on the activity.
(i) the relevant declaration criteria; and
(ii) any information or advice about the criteria given to the Minister by the authority; and

sec.21B

Declaration by regulation

sec.21B Declaration by regulation

A regulation may declare a non-government business activity to be a monopoly business activity. A declaration must identify the non-government business activity by reference to the person carrying on the activity. s 21B ins 2008 No. 35 s 18 (sec.21B-ssec.1) A regulation may declare a non-government business activity to be a monopoly business activity. (sec.21B-ssec.2) A declaration must identify the non-government business activity by reference to the person carrying on the activity.

sec.21C

Effect on declaration of change of person carrying on activity

sec.21C Effect on declaration of change of person carrying on activity

This section applies if— a non-government business activity is declared to be a monopoly business activity under this subdivision; and after the declaration is made, the person carrying on the activity changes. The change in the person carrying on the monopoly business activity does not affect the validity of the declaration. The declaration is taken to identify the monopoly business activity by reference to the new person carrying on the activity. s 21C ins 2008 No. 35 s 18 (sec.21C-ssec.1) This section applies if— a non-government business activity is declared to be a monopoly business activity under this subdivision; and after the declaration is made, the person carrying on the activity changes. (sec.21C-ssec.2) The change in the person carrying on the monopoly business activity does not affect the validity of the declaration. (sec.21C-ssec.3) The declaration is taken to identify the monopoly business activity by reference to the new person carrying on the activity.

(a) a non-government business activity is declared to be a monopoly business activity under this subdivision; and
(b) after the declaration is made, the person carrying on the activity changes.

pt.3-div.2A

Revocation of declarations made by the Minister

sec.21D

Recommendation to revoke

sec.21D Recommendation to revoke

The authority may recommend to the Minister that a declaration of a monopoly business activity made by the Minister under section 19 or 21A (a part 3 Ministerial declaration ) be revoked. Without limiting subsection (1) , a relevant entity for a monopoly business activity may ask the authority to recommend the revocation of the part 3 Ministerial declaration. The Minister may ask the authority to consider whether a part 3 Ministerial declaration should be revoked by the Minister. The authority may recommend the revocation of a part 3 Ministerial declaration only if the authority is satisfied that revocation would be appropriate having regard to the relevant declaration criteria. In this section— relevant entity , for a monopoly business activity, means any of the following— the government agency or other person carrying on the activity; if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity. s 21D ins 2008 No. 35 s 18 amd 2013 No. 39 s 43 sch 1 (sec.21D-ssec.1) The authority may recommend to the Minister that a declaration of a monopoly business activity made by the Minister under section 19 or 21A (a part 3 Ministerial declaration ) be revoked. (sec.21D-ssec.2) Without limiting subsection (1) , a relevant entity for a monopoly business activity may ask the authority to recommend the revocation of the part 3 Ministerial declaration. (sec.21D-ssec.3) The Minister may ask the authority to consider whether a part 3 Ministerial declaration should be revoked by the Minister. (sec.21D-ssec.4) The authority may recommend the revocation of a part 3 Ministerial declaration only if the authority is satisfied that revocation would be appropriate having regard to the relevant declaration criteria. (sec.21D-ssec.5) In this section— relevant entity , for a monopoly business activity, means any of the following— the government agency or other person carrying on the activity; if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity.

(a) the government agency or other person carrying on the activity;
(b) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity.

sec.21E

Power of authority to conduct investigation

sec.21E Power of authority to conduct investigation

For making a revocation recommendation, the authority may conduct an investigation about the monopoly business activity. s 21E ins 2008 No. 35 s 18

sec.21F

Notice of investigation

sec.21F Notice of investigation

Before starting an investigation under this division, the authority must give reasonable notice of the investigation to— the government agency or other person carrying on the monopoly business activity; and if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and any other person the authority considers appropriate. The notice must state the following— the authority’s intention to conduct the investigation; the subject matter of the investigation; an invitation to interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; the authority’s address. s 21F ins 2008 No. 35 s 18 (sec.21F-ssec.1) Before starting an investigation under this division, the authority must give reasonable notice of the investigation to— the government agency or other person carrying on the monopoly business activity; and if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and any other person the authority considers appropriate. (sec.21F-ssec.2) The notice must state the following— the authority’s intention to conduct the investigation; the subject matter of the investigation; an invitation to interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; the authority’s address.

(a) the government agency or other person carrying on the monopoly business activity; and
(b) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and
(c) any other person the authority considers appropriate.
(a) the authority’s intention to conduct the investigation;
(b) the subject matter of the investigation;
(c) an invitation to interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice;
(d) the authority’s address.

sec.21G

Procedures for investigation

sec.21G Procedures for investigation

Part 6 applies to an investigation under this division. s 21G ins 2008 No. 35 s 18

sec.21H

Revocation

sec.21H Revocation

The Minister may revoke a part 3 Ministerial declaration only if the Minister is satisfied that revocation would be appropriate having regard to the relevant declaration criteria. A part 3 Ministerial declaration may be revoked whether or not a revocation recommendation has been made. If the Minister receives a revocation recommendation, the Minister must either revoke the part 3 Ministerial declaration or decide not to revoke the declaration. s 21H ins 2008 No. 35 s 18 amd 2013 No. 39 s 43 sch 1 (sec.21H-ssec.1) The Minister may revoke a part 3 Ministerial declaration only if the Minister is satisfied that revocation would be appropriate having regard to the relevant declaration criteria. (sec.21H-ssec.2) A part 3 Ministerial declaration may be revoked whether or not a revocation recommendation has been made. (sec.21H-ssec.3) If the Minister receives a revocation recommendation, the Minister must either revoke the part 3 Ministerial declaration or decide not to revoke the declaration.

sec.21I

Notice of decision

sec.21I Notice of decision

The Minister must publish in the gazette— notice of a decision to revoke, or not to revoke, a part 3 Ministerial declaration; and the reasons for the decision. Also, as soon as practicable after making the decision, the Minister must give a written notice stating the decision and reasons for the decision to— the government agency or other person carrying on the activity; and if the business activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and the authority. s 21I ins 2008 No. 35 s 18 amd 2013 No. 39 s 43 sch 1 (sec.21I-ssec.1) The Minister must publish in the gazette— notice of a decision to revoke, or not to revoke, a part 3 Ministerial declaration; and the reasons for the decision. (sec.21I-ssec.2) Also, as soon as practicable after making the decision, the Minister must give a written notice stating the decision and reasons for the decision to— the government agency or other person carrying on the activity; and if the business activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and the authority.

(a) notice of a decision to revoke, or not to revoke, a part 3 Ministerial declaration; and
(b) the reasons for the decision.
(a) the government agency or other person carrying on the activity; and
(b) if the business activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; and
(c) the authority.

sec.21J

When revocation takes effect

sec.21J When revocation takes effect

A decision of the Minister to revoke a part 3 Ministerial declaration takes effect on— the day notice of the decision is published in the gazette; or if a later day of effect is stated in the notice—the later day. s 21J ins 2008 No. 35 s 18 amd 2013 No. 39 s 43 sch 1

(a) the day notice of the decision is published in the gazette; or
(b) if a later day of effect is stated in the notice—the later day.

pt.3-div.3

Investigations about monopoly business activities

sec.22

Meaning of price monitoring investigation

sec.22 Meaning of price monitoring investigation

A price monitoring investigation , in relation to a monopoly business activity, means an ongoing investigation in which the authority— monitors pricing practices relating to the activity; and reports periodically to the Minister about the results of the investigation. s 22 sub 2008 No. 35 s 20 amd 2013 No. 39 s 43 sch 1

(a) monitors pricing practices relating to the activity; and
(b) reports periodically to the Minister about the results of the investigation.

sec.23

Investigations about pricing practices

sec.23 Investigations about pricing practices

The Minister may refer a monopoly business activity to the authority for an investigation about the pricing practices relating to the activity. In deciding whether to refer a monopoly business activity that is a significant business activity or non-government business activity to the authority under subsection (1) , the Minister must consult with— for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or for a non-government business activity—the person carrying on the activity. The authority must conduct the investigation. The Minister may, by written notice given to the authority, withdraw or amend the reference at any time before receiving the authority’s report of the results of the investigation. A notice under subsection (4) must state the reasons for the withdrawal or amendment of the reference. s 23 amd 2000 No. 15 s 10 ; 2008 No. 35 s 21 ; 2013 No. 39 s 43 sch 1 (sec.23-ssec.1) The Minister may refer a monopoly business activity to the authority for an investigation about the pricing practices relating to the activity. (sec.23-ssec.2) In deciding whether to refer a monopoly business activity that is a significant business activity or non-government business activity to the authority under subsection (1) , the Minister must consult with— for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or for a non-government business activity—the person carrying on the activity. (sec.23-ssec.3) The authority must conduct the investigation. (sec.23-ssec.4) The Minister may, by written notice given to the authority, withdraw or amend the reference at any time before receiving the authority’s report of the results of the investigation. (sec.23-ssec.5) A notice under subsection (4) must state the reasons for the withdrawal or amendment of the reference.

(a) for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or
(b) for a non-government business activity—the person carrying on the activity.

sec.23A

Price monitoring investigations

sec.23A Price monitoring investigations

The Minister may refer a monopoly business activity to the authority for a price monitoring investigation. In deciding whether to refer a monopoly business activity that is a significant business activity or non-government business activity to the authority under subsection (1) , the Minister must consult with— for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or for a non-government business activity—the person carrying on the activity. In referring a monopoly business activity to the authority under subsection (1) , the Minister must give the authority a written notice stating— the period for which the price monitoring investigation is to be conducted; and how often the authority must periodically report the results of the investigation to the Minister. The authority must conduct the investigation. Unless the reference is earlier withdrawn or the period of the investigation is amended under subsection (6) , the reference ends at the end of the period stated in the notice under subsection (3) (a) . The Minister may, by written notice given to the authority, withdraw or amend the reference at any time before it ends. A notice under subsection (6) must state the reasons for the withdrawal or amendment of the reference. s 23A ins 2008 No. 35 s 22 amd 2013 No. 39 s 43 sch 1 (sec.23A-ssec.1) The Minister may refer a monopoly business activity to the authority for a price monitoring investigation. (sec.23A-ssec.2) In deciding whether to refer a monopoly business activity that is a significant business activity or non-government business activity to the authority under subsection (1) , the Minister must consult with— for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or for a non-government business activity—the person carrying on the activity. (sec.23A-ssec.3) In referring a monopoly business activity to the authority under subsection (1) , the Minister must give the authority a written notice stating— the period for which the price monitoring investigation is to be conducted; and how often the authority must periodically report the results of the investigation to the Minister. (sec.23A-ssec.4) The authority must conduct the investigation. (sec.23A-ssec.5) Unless the reference is earlier withdrawn or the period of the investigation is amended under subsection (6) , the reference ends at the end of the period stated in the notice under subsection (3) (a) . (sec.23A-ssec.6) The Minister may, by written notice given to the authority, withdraw or amend the reference at any time before it ends. (sec.23A-ssec.7) A notice under subsection (6) must state the reasons for the withdrawal or amendment of the reference.

(a) for a significant business activity—the local government entity carrying on the activity and the responsible local government for the entity; or
(b) for a non-government business activity—the person carrying on the activity.
(a) the period for which the price monitoring investigation is to be conducted; and
(b) how often the authority must periodically report the results of the investigation to the Minister.

sec.24

Directions of Minister for investigation

sec.24 Directions of Minister for investigation

In referring a monopoly business activity to the authority for an investigation, the Minister may direct the authority to do any or all of the following— to make a draft report available to the public, or a stated entity, during the investigation; to consider stated matters when conducting the investigation; to give a report of the results of the investigation to the Minister within a stated period; to make a recommendation to the Minister about a stated matter, including, for example, if the activity was referred to the authority under section 23 (1) , a recommendation about— whether a price monitoring investigation should be conducted in relation to the activity; or if a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) . The authority must comply with a direction. s 24 amd 2008 No. 35 s 23 ; 2013 No. 39 s 43 sch 1 (sec.24-ssec.1) In referring a monopoly business activity to the authority for an investigation, the Minister may direct the authority to do any or all of the following— to make a draft report available to the public, or a stated entity, during the investigation; to consider stated matters when conducting the investigation; to give a report of the results of the investigation to the Minister within a stated period; to make a recommendation to the Minister about a stated matter, including, for example, if the activity was referred to the authority under section 23 (1) , a recommendation about— whether a price monitoring investigation should be conducted in relation to the activity; or if a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) . (sec.24-ssec.2) The authority must comply with a direction.

(a) to make a draft report available to the public, or a stated entity, during the investigation;
(b) to consider stated matters when conducting the investigation;
(c) to give a report of the results of the investigation to the Minister within a stated period;
(d) to make a recommendation to the Minister about a stated matter, including, for example, if the activity was referred to the authority under section 23 (1) , a recommendation about— (i) whether a price monitoring investigation should be conducted in relation to the activity; or (ii) if a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) .
(i) whether a price monitoring investigation should be conducted in relation to the activity; or
(ii) if a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) .
(i) whether a price monitoring investigation should be conducted in relation to the activity; or
(ii) if a price monitoring investigation were to be conducted in relation to the activity, what the nature of the investigation should be, including, for example, the matters mentioned in section 23A (3) (a) and (b) .

sec.25

Notice of investigation

sec.25 Notice of investigation

Before starting an investigation under this division, the authority must give reasonable notice of the investigation. The notice must be published on the authority’s website. The notice must be given to— the government agency or other person carrying on the monopoly business activity; or if the investigation relates to a monopoly business activity that is a significant business activity— the local government Minister; and the responsible local government for the local government entity carrying on the activity. The authority may also give the notice to anyone else it considers appropriate. The notice must— state the authority’s intention to conduct the investigation; and state the subject matter of the investigation; and invite interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and state the authority’s address. s 25 amd 2000 No. 15 s 11 ; 2008 No. 35 s 24 ; 2018 No. 6 s 3 (sec.25-ssec.1) Before starting an investigation under this division, the authority must give reasonable notice of the investigation. (sec.25-ssec.2) The notice must be published on the authority’s website. (sec.25-ssec.3) The notice must be given to— the government agency or other person carrying on the monopoly business activity; or if the investigation relates to a monopoly business activity that is a significant business activity— the local government Minister; and the responsible local government for the local government entity carrying on the activity. (sec.25-ssec.4) The authority may also give the notice to anyone else it considers appropriate. (sec.25-ssec.5) The notice must— state the authority’s intention to conduct the investigation; and state the subject matter of the investigation; and invite interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and state the authority’s address.

(a) the government agency or other person carrying on the monopoly business activity; or
(b) if the investigation relates to a monopoly business activity that is a significant business activity— (i) the local government Minister; and (ii) the responsible local government for the local government entity carrying on the activity.
(i) the local government Minister; and
(ii) the responsible local government for the local government entity carrying on the activity.
(i) the local government Minister; and
(ii) the responsible local government for the local government entity carrying on the activity.
(a) state the authority’s intention to conduct the investigation; and
(b) state the subject matter of the investigation; and
(c) invite interested persons to make written submissions to the authority on the subject matter within a reasonable time stated in the notice; and
(d) state the authority’s address.

sec.26

Matters to be considered by authority for investigation

sec.26 Matters to be considered by authority for investigation

In conducting an investigation under this division, the authority must have regard to the following matters— the need for efficient resource allocation; the need to promote competition; the protection of consumers from abuses of monopoly power; in relation to the goods or services to which the monopoly business activity relates— the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and the actual cost of providing the goods or services; and the standard of the goods or services, including quality, reliability and safety; the appropriate rate of return on assets; the effect of inflation; the impact on the environment of prices charged by the government agency or other person carrying on the monopoly business activity; considerations of demand management; social welfare and equity considerations including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices; the need for pricing practices not to discourage socially desirable investment or innovation by government agencies and persons carrying on non-government business activities; legislation and government policies relating to ecologically sustainable development; legislation and government policies relating to occupational health and safety and industrial relations; economic and regional development issues, including employment and investment growth; if the monopoly business activity is a government business activity—any directions given by the government to the government agency by which the monopoly business activity is carried on. If the investigation relates to a monopoly business activity involving the supply of water, the authority must have regard to water pricing determinations. Subsections (1) and (2) do not limit the matters to which the authority may have regard in conducting an investigation. s 26 amd 2000 No. 15 s 12 ; 2008 No. 35 s 25 ; 2013 No. 39 s 43 sch 1 (sec.26-ssec.1) In conducting an investigation under this division, the authority must have regard to the following matters— the need for efficient resource allocation; the need to promote competition; the protection of consumers from abuses of monopoly power; in relation to the goods or services to which the monopoly business activity relates— the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and the actual cost of providing the goods or services; and the standard of the goods or services, including quality, reliability and safety; the appropriate rate of return on assets; the effect of inflation; the impact on the environment of prices charged by the government agency or other person carrying on the monopoly business activity; considerations of demand management; social welfare and equity considerations including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices; the need for pricing practices not to discourage socially desirable investment or innovation by government agencies and persons carrying on non-government business activities; legislation and government policies relating to ecologically sustainable development; legislation and government policies relating to occupational health and safety and industrial relations; economic and regional development issues, including employment and investment growth; if the monopoly business activity is a government business activity—any directions given by the government to the government agency by which the monopoly business activity is carried on. (sec.26-ssec.2) If the investigation relates to a monopoly business activity involving the supply of water, the authority must have regard to water pricing determinations. (sec.26-ssec.3) Subsections (1) and (2) do not limit the matters to which the authority may have regard in conducting an investigation.

(a) the need for efficient resource allocation;
(b) the need to promote competition;
(c) the protection of consumers from abuses of monopoly power;
(d) in relation to the goods or services to which the monopoly business activity relates— (i) the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and (ii) the actual cost of providing the goods or services; and (iii) the standard of the goods or services, including quality, reliability and safety;
(i) the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and
(ii) the actual cost of providing the goods or services; and
(iii) the standard of the goods or services, including quality, reliability and safety;
(e) the appropriate rate of return on assets;
(f) the effect of inflation;
(g) the impact on the environment of prices charged by the government agency or other person carrying on the monopoly business activity;
(h) considerations of demand management;
(i) social welfare and equity considerations including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices;
(j) the need for pricing practices not to discourage socially desirable investment or innovation by government agencies and persons carrying on non-government business activities;
(k) legislation and government policies relating to ecologically sustainable development;
(l) legislation and government policies relating to occupational health and safety and industrial relations;
(m) economic and regional development issues, including employment and investment growth;
(n) if the monopoly business activity is a government business activity—any directions given by the government to the government agency by which the monopoly business activity is carried on.
(i) the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and
(ii) the actual cost of providing the goods or services; and
(iii) the standard of the goods or services, including quality, reliability and safety;

sec.27

Procedures for investigations

sec.27 Procedures for investigations

Part 6 applies to an investigation under this division.

sec.28

Ending of authority’s jurisdiction for investigation

sec.28 Ending of authority’s jurisdiction for investigation

The authority’s jurisdiction to continue an investigation about a monopoly business activity ends if— the activity stops being a monopoly business activity; or the reference of the activity to the authority by the Minister is withdrawn, or otherwise ends under section 23A . If the authority’s jurisdiction to continue an investigation ends, the authority may report the results of the investigation, up to the time its jurisdiction ended, to— the Minister; and if the monopoly business activity is a non-government business activity—the person carrying on the activity. s 28 amd 2008 No. 35 s 26 ; 2013 No. 39 s 43 sch 1 (sec.28-ssec.1) The authority’s jurisdiction to continue an investigation about a monopoly business activity ends if— the activity stops being a monopoly business activity; or the reference of the activity to the authority by the Minister is withdrawn, or otherwise ends under section 23A . (sec.28-ssec.2) If the authority’s jurisdiction to continue an investigation ends, the authority may report the results of the investigation, up to the time its jurisdiction ended, to— the Minister; and if the monopoly business activity is a non-government business activity—the person carrying on the activity.

(a) the activity stops being a monopoly business activity; or
(b) the reference of the activity to the authority by the Minister is withdrawn, or otherwise ends under section 23A .
(a) the Minister; and
(b) if the monopoly business activity is a non-government business activity—the person carrying on the activity.

pt.3-div.4

Reports of authority about investigations

sec.29

Application of division

sec.29 Application of division

This division applies to— the authority for reporting the results of an investigation conducted by it under division 3 , including the periodic reporting of the results of a price monitoring investigation; and a report of the authority of the results of the investigation. s 29 amd 2008 No. 35 s 27

(a) the authority for reporting the results of an investigation conducted by it under division 3 , including the periodic reporting of the results of a price monitoring investigation; and
(b) a report of the authority of the results of the investigation.

sec.30

Authority to report to Minister

sec.30 Authority to report to Minister

The authority must report the results of an investigation to the Minister. Also, if the investigation is a price monitoring investigation, the authority must periodically report the results of the investigation to the Minister as required under the notice given to the authority under section 23A (3) . If the investigation relates to a monopoly business activity that is a significant business activity, the authority must, on the same day as it reports the results of the investigation to the Minister, give a copy of the report to— the local government Minister; and the responsible local government for the local government entity carrying on the activity. s 30 amd 2000 No. 15 s 13 ; 2008 No. 35 s 28 ; 2013 No. 39 s 43 sch 1 (sec.30-ssec.1) The authority must report the results of an investigation to the Minister. (sec.30-ssec.2) Also, if the investigation is a price monitoring investigation, the authority must periodically report the results of the investigation to the Minister as required under the notice given to the authority under section 23A (3) . (sec.30-ssec.3) If the investigation relates to a monopoly business activity that is a significant business activity, the authority must, on the same day as it reports the results of the investigation to the Minister, give a copy of the report to— the local government Minister; and the responsible local government for the local government entity carrying on the activity.

(a) the local government Minister; and
(b) the responsible local government for the local government entity carrying on the activity.

sec.31

Authority to give copy of report to government agency or other person carrying on activity

sec.31 Authority to give copy of report to government agency or other person carrying on activity

On the same day as it reports the results of an investigation to the Minister, the authority must give a copy of the report to the government agency or other person carrying on the monopoly business activity. s 31 sub 2008 No. 35 s 29 amd 2013 No. 39 s 43 sch 1

sec.32

Multiple reports

sec.32 Multiple reports

For reporting the results of an investigation, the authority may make more than 1 report.

sec.33

Contents of report

sec.33 Contents of report

The authority must include in a report— if the investigation is not a price monitoring investigation—its recommendations about the pricing practices relating to the monopoly business activity; and any recommendations made by the authority as required under a direction given to the authority by the Minister for the investigation; and the reasons for its recommendations; and if the investigation is a price monitoring investigation—the information obtained by the authority about the pricing practices relating to the monopoly business activity; and if the Minister gave a direction to the authority for the investigation—details of the direction. The authority may include in a report anything else about the investigation it considers appropriate. s 33 amd 2008 No. 35 s 30 ; 2013 No. 39 s 43 sch 1 (sec.33-ssec.1) The authority must include in a report— if the investigation is not a price monitoring investigation—its recommendations about the pricing practices relating to the monopoly business activity; and any recommendations made by the authority as required under a direction given to the authority by the Minister for the investigation; and the reasons for its recommendations; and if the investigation is a price monitoring investigation—the information obtained by the authority about the pricing practices relating to the monopoly business activity; and if the Minister gave a direction to the authority for the investigation—details of the direction. (sec.33-ssec.2) The authority may include in a report anything else about the investigation it considers appropriate.

(a) if the investigation is not a price monitoring investigation—its recommendations about the pricing practices relating to the monopoly business activity; and
(b) any recommendations made by the authority as required under a direction given to the authority by the Minister for the investigation; and
(c) the reasons for its recommendations; and
(d) if the investigation is a price monitoring investigation—the information obtained by the authority about the pricing practices relating to the monopoly business activity; and
(e) if the Minister gave a direction to the authority for the investigation—details of the direction.

sec.34

Public availability of reports

sec.34 Public availability of reports

The authority must make a copy of a report available for public inspection as soon as practicable after giving the report to the Minister. Arrangements made for subsection (1) must include ensuring a copy of the report is available for public inspection during office hours on business days at the authority’s office. The authority may publish a report that is available for public inspection. Subsection (1) applies subject to section 35 . s 34 amd 2000 No. 15 s 14 ; 2008 No. 35 s 31 ; 2013 No. 39 s 43 sch 1 (sec.34-ssec.1) The authority must make a copy of a report available for public inspection as soon as practicable after giving the report to the Minister. (sec.34-ssec.2) Arrangements made for subsection (1) must include ensuring a copy of the report is available for public inspection during office hours on business days at the authority’s office. (sec.34-ssec.3) The authority may publish a report that is available for public inspection. (sec.34-ssec.4) Subsection (1) applies subject to section 35 .

sec.35

Delaying public availability of reports

sec.35 Delaying public availability of reports

The authority may decide that, in the special circumstances of the case, a report, or a part of a report, must not be made available for public inspection for a stated period. The decision and the reasons for it must be stated in the report. Section 34 (1) applies to the report, or part of the report, to which the decision relates as if the report were given to the Minister at the end of the period mentioned in subsection (1) . s 35 amd 2000 No. 15 s 15 sub 2008 No. 35 s 32 amd 2013 No. 39 s 43 sch 1 (sec.35-ssec.1) The authority may decide that, in the special circumstances of the case, a report, or a part of a report, must not be made available for public inspection for a stated period. (sec.35-ssec.2) The decision and the reasons for it must be stated in the report. (sec.35-ssec.3) Section 34 (1) applies to the report, or part of the report, to which the decision relates as if the report were given to the Minister at the end of the period mentioned in subsection (1) .

sec.36

Decision of Minister about particular recommendations in report—monopoly business activity that is a government business activity, other than a significant business activity

sec.36 Decision of Minister about particular recommendations in report—monopoly business activity that is a government business activity, other than a significant business activity

This section applies to recommendations about pricing practices, or price monitoring recommendations, contained in a report relating to a monopoly business activity that is a government business activity, other than a significant business activity. Within 90 days after the Minister receives a report, the Minister must— accept (with or without qualification), or reject, the recommendations; or accept (with or without qualification) some of the recommendations and reject the other recommendations. Before making a decision under subsection (2) about a monopoly business activity involving the supply of water, the Minister must have regard to water pricing determinations. As soon as practicable after making a decision under subsection (2) , the Minister must notify the decision and the reasons for the decision by gazette notice. In this section— price monitoring recommendations means recommendations about— whether a price monitoring investigation should be conducted in relation to the monopoly business activity; or what the nature of a future price monitoring investigation in relation to the activity should be. s 36 amd 2000 No. 15 s 16 ; 2008 No. 35 s 33 ; 2013 No. 39 s 43 sch 1 (sec.36-ssec.1) This section applies to recommendations about pricing practices, or price monitoring recommendations, contained in a report relating to a monopoly business activity that is a government business activity, other than a significant business activity. (sec.36-ssec.2) Within 90 days after the Minister receives a report, the Minister must— accept (with or without qualification), or reject, the recommendations; or accept (with or without qualification) some of the recommendations and reject the other recommendations. (sec.36-ssec.3) Before making a decision under subsection (2) about a monopoly business activity involving the supply of water, the Minister must have regard to water pricing determinations. (sec.36-ssec.4) As soon as practicable after making a decision under subsection (2) , the Minister must notify the decision and the reasons for the decision by gazette notice. (sec.36-ssec.5) In this section— price monitoring recommendations means recommendations about— whether a price monitoring investigation should be conducted in relation to the monopoly business activity; or what the nature of a future price monitoring investigation in relation to the activity should be.

(a) accept (with or without qualification), or reject, the recommendations; or
(b) accept (with or without qualification) some of the recommendations and reject the other recommendations.
(a) whether a price monitoring investigation should be conducted in relation to the monopoly business activity; or
(b) what the nature of a future price monitoring investigation in relation to the activity should be.

sec.36A

Decision of responsible local government about particular recommendations in report—monopoly business activity that is a significant business activity

sec.36A Decision of responsible local government about particular recommendations in report—monopoly business activity that is a significant business activity

This section applies to recommendations about pricing practices contained in a report relating to a monopoly business activity that is a significant business activity. Within 90 days after the responsible local government for the local government entity carrying on the activity receives the report, the responsible local government must, by resolution— accept, with or without qualification, or reject, the recommendations; or accept, with or without qualification, some of the recommendations and reject the other recommendations. Before making a decision under subsection (2) about a significant business activity involving the supply of water, the responsible local government must have regard to water pricing determinations. As soon as practicable after making a decision under subsection (2) , the responsible local government must— notify the decision and the reasons for the decision by gazette notice; and give a copy of the decision and the reasons for the decision to— the Minister; and the authority; and the local government Minister; and the local government entity carrying on the activity. s 36A ins 2000 No. 15 s 17 amd 2008 No. 35 s 34 ; 2013 No. 39 s 43 sch 1 (sec.36A-ssec.1) This section applies to recommendations about pricing practices contained in a report relating to a monopoly business activity that is a significant business activity. (sec.36A-ssec.2) Within 90 days after the responsible local government for the local government entity carrying on the activity receives the report, the responsible local government must, by resolution— accept, with or without qualification, or reject, the recommendations; or accept, with or without qualification, some of the recommendations and reject the other recommendations. (sec.36A-ssec.3) Before making a decision under subsection (2) about a significant business activity involving the supply of water, the responsible local government must have regard to water pricing determinations. (sec.36A-ssec.4) As soon as practicable after making a decision under subsection (2) , the responsible local government must— notify the decision and the reasons for the decision by gazette notice; and give a copy of the decision and the reasons for the decision to— the Minister; and the authority; and the local government Minister; and the local government entity carrying on the activity.

(a) accept, with or without qualification, or reject, the recommendations; or
(b) accept, with or without qualification, some of the recommendations and reject the other recommendations.
(a) notify the decision and the reasons for the decision by gazette notice; and
(b) give a copy of the decision and the reasons for the decision to— (i) the Minister; and (ii) the authority; and (iii) the local government Minister; and (iv) the local government entity carrying on the activity.
(i) the Minister; and
(ii) the authority; and
(iii) the local government Minister; and
(iv) the local government entity carrying on the activity.
(i) the Minister; and
(ii) the authority; and
(iii) the local government Minister; and
(iv) the local government entity carrying on the activity.

sec.36B

Response to report of person carrying on activity—monopoly business activity that is a non-government business activity

sec.36B Response to report of person carrying on activity—monopoly business activity that is a non-government business activity

This section applies to a report relating to a monopoly business activity that is a non-government business activity. Within 90 days after receiving the report, the person carrying on the activity must give the authority the person’s written response to the report, including details of any action the person will or may take in response to each recommendation contained in the report. Maximum penalty—500 penalty units. s 36B ins 2008 No. 35 s 35 (sec.36B-ssec.1) This section applies to a report relating to a monopoly business activity that is a non-government business activity. (sec.36B-ssec.2) Within 90 days after receiving the report, the person carrying on the activity must give the authority the person’s written response to the report, including details of any action the person will or may take in response to each recommendation contained in the report. Maximum penalty—500 penalty units.

sec.37

Referral of particular accepted recommendations to responsible Minister—monopoly business activity that is government business activity

sec.37 Referral of particular accepted recommendations to responsible Minister—monopoly business activity that is government business activity

This section applies if the Minister accepts recommendations about pricing practices relating to a monopoly business activity that is a government business activity. The Minister must refer the recommendations, and any qualifications on which the recommendations are accepted, to the responsible Minister for the government agency carrying on the monopoly business activity. s 37 sub 2008 No. 35 s 36 amd 2013 No. 39 s 43 sch 1 (sec.37-ssec.1) This section applies if the Minister accepts recommendations about pricing practices relating to a monopoly business activity that is a government business activity. (sec.37-ssec.2) The Minister must refer the recommendations, and any qualifications on which the recommendations are accepted, to the responsible Minister for the government agency carrying on the monopoly business activity.

sec.37A

Register of recommendations, and decisions or responses, relating to monopoly business activities involving the supply of water

sec.37A Register of recommendations, and decisions or responses, relating to monopoly business activities involving the supply of water

The authority must keep a register of— the authority’s recommendations about pricing practices contained in reports of the results of investigations about monopoly business activities involving the supply of water; and whichever of the following applies in relation to the recommendations— if the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ; if the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ; if the activities are non-government business activities—the responses of the persons carrying on the activities. The register must include, for each recommendation, details of the following— the name of the government agency or other person carrying on the monopoly business activity; the monopoly business activity; the reasons for the recommendation; the day the report in which the recommendation is made is to be, or was, given to— if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or otherwise—the Minister. The register must also include, for each decision mentioned in subsection (1) (b) , details of the following— the day the decision was made; the day the decision is to be, or was, notified under section 36 (4) or 36A (4) . s 37A ins 2000 No. 15 s 18 sub 2008 No. 35 s 36 amd 2013 No. 39 s 43 sch 1 (sec.37A-ssec.1) The authority must keep a register of— the authority’s recommendations about pricing practices contained in reports of the results of investigations about monopoly business activities involving the supply of water; and whichever of the following applies in relation to the recommendations— if the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ; if the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ; if the activities are non-government business activities—the responses of the persons carrying on the activities. (sec.37A-ssec.2) The register must include, for each recommendation, details of the following— the name of the government agency or other person carrying on the monopoly business activity; the monopoly business activity; the reasons for the recommendation; the day the report in which the recommendation is made is to be, or was, given to— if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or otherwise—the Minister. (sec.37A-ssec.3) The register must also include, for each decision mentioned in subsection (1) (b) , details of the following— the day the decision was made; the day the decision is to be, or was, notified under section 36 (4) or 36A (4) .

(a) the authority’s recommendations about pricing practices contained in reports of the results of investigations about monopoly business activities involving the supply of water; and
(b) whichever of the following applies in relation to the recommendations— (i) if the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ; (ii) if the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ; (iii) if the activities are non-government business activities—the responses of the persons carrying on the activities.
(i) if the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ;
(ii) if the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ;
(iii) if the activities are non-government business activities—the responses of the persons carrying on the activities.
(i) if the activities are government business activities other than significant business activities—the Minister’s decisions under section 36 (2) ;
(ii) if the activities are significant business activities—the decisions of the responsible local governments under section 36A (2) ;
(iii) if the activities are non-government business activities—the responses of the persons carrying on the activities.
(a) the name of the government agency or other person carrying on the monopoly business activity;
(b) the monopoly business activity;
(c) the reasons for the recommendation;
(d) the day the report in which the recommendation is made is to be, or was, given to— (i) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or (ii) otherwise—the Minister.
(i) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or
(ii) otherwise—the Minister.
(i) if the activity is a significant business activity—the responsible local government for the local government entity carrying on the activity; or
(ii) otherwise—the Minister.
(a) the day the decision was made;
(b) the day the decision is to be, or was, notified under section 36 (4) or 36A (4) .

pt.3-div.5

Miscellaneous

sec.37B

Authority may give advice about pricing practices

sec.37B Authority may give advice about pricing practices

The authority may, if requested by a government agency or another person carrying on a monopoly business activity, give the person advice about pricing practices relating to the activity. Advice given under this section is not binding on any person. s 37B ins 2000 No. 15 s 18 sub 2008 No. 35 ss 36 – 37 (sec.37B-ssec.1) The authority may, if requested by a government agency or another person carrying on a monopoly business activity, give the person advice about pricing practices relating to the activity. (sec.37B-ssec.2) Advice given under this section is not binding on any person.

pt.4

Competitive neutrality

pt.4-div.1

Preliminary

sec.38

Principle of competitive neutrality

sec.38 Principle of competitive neutrality

The principle of competitive neutrality is the principle that a government agency carrying on a significant business activity should not enjoy a competitive advantage over competitors or potential competitors in a particular market solely because the agency’s activities are not subject to 1 or more of the following— full Commonwealth or State taxes or tax equivalent systems; debt guarantee fees directed towards offsetting the competitive advantages of government guarantees; procedural or regulatory requirements of the Commonwealth, the State or a local government on conditions equivalent to the conditions to which a competitor or potential competitor may be subject, including, for example, requirements about the protection of the environment and about planning and approval processes. In this section— significant business activity see section 39 (3) . s 38 prev s 38 amd 2000 No. 15 s 19 om 2015 No. 29 s 65 pres s 38 ins 2021 No. 12 s 203 (sec.38-ssec.1) The principle of competitive neutrality is the principle that a government agency carrying on a significant business activity should not enjoy a competitive advantage over competitors or potential competitors in a particular market solely because the agency’s activities are not subject to 1 or more of the following— full Commonwealth or State taxes or tax equivalent systems; debt guarantee fees directed towards offsetting the competitive advantages of government guarantees; procedural or regulatory requirements of the Commonwealth, the State or a local government on conditions equivalent to the conditions to which a competitor or potential competitor may be subject, including, for example, requirements about the protection of the environment and about planning and approval processes. (sec.38-ssec.2) In this section— significant business activity see section 39 (3) .

(a) full Commonwealth or State taxes or tax equivalent systems;
(b) debt guarantee fees directed towards offsetting the competitive advantages of government guarantees;
(c) procedural or regulatory requirements of the Commonwealth, the State or a local government on conditions equivalent to the conditions to which a competitor or potential competitor may be subject, including, for example, requirements about the protection of the environment and about planning and approval processes.

sec.39

Significant business activities

sec.39 Significant business activities

The Minister may, on the recommendation of the authority, decide that a business activity carried out by a government agency other than a government owned corporation is a significant business activity. The Minister must give written notice of the decision to the government agency. A significant business activity is a business activity that— the Minister decides is a significant business activity under subsection (1) ; or is carried out by a government owned corporation. The authority must publish a list of all significant business activities on its website. s 39 prev s 39 amd 2000 No. 15 s 2 sch ; 2013 No. 39 s 16 om 2015 No. 29 s 65 pres s 39 ins 2021 No. 12 s 203 (sec.39-ssec.1) The Minister may, on the recommendation of the authority, decide that a business activity carried out by a government agency other than a government owned corporation is a significant business activity. (sec.39-ssec.2) The Minister must give written notice of the decision to the government agency. (sec.39-ssec.3) A significant business activity is a business activity that— the Minister decides is a significant business activity under subsection (1) ; or is carried out by a government owned corporation. (sec.39-ssec.4) The authority must publish a list of all significant business activities on its website.

(a) the Minister decides is a significant business activity under subsection (1) ; or
(b) is carried out by a government owned corporation.

pt.4-div.2

Competitive neutrality complaints

sec.40

Meaning of competitive neutrality complaint

sec.40 Meaning of competitive neutrality complaint

A competitive neutrality complaint is a complaint about the alleged failure of a government agency to comply with the principle of competitive neutrality. s 40 prev s 40 om 2015 No. 29 s 65 pres s 40 ins 2021 No. 12 s 203

sec.41

Making competitive neutrality complaint

sec.41 Making competitive neutrality complaint

A person may make a competitive neutrality complaint to the authority if the person is, or could be— a person in competition with a government agency in a particular market; or a person adversely affected by a competitive advantage the person alleges is enjoyed by the government agency. The complaint must— be in writing; and contain details of the alleged failure of a government agency to comply with the principle of competitive neutrality; and include sufficient details to show— the person and the government agency are, or could be, in competition in a particular market; or how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and include sufficient details to show whether the person has made a genuine, but unsuccessful, attempt to resolve the subject matter of the complaint with the government agency. s 41 prev s 41 om 2015 No. 29 s 65 pres s 41 ins 2021 No. 12 s 203 (sec.41-ssec.1) A person may make a competitive neutrality complaint to the authority if the person is, or could be— a person in competition with a government agency in a particular market; or a person adversely affected by a competitive advantage the person alleges is enjoyed by the government agency. (sec.41-ssec.2) The complaint must— be in writing; and contain details of the alleged failure of a government agency to comply with the principle of competitive neutrality; and include sufficient details to show— the person and the government agency are, or could be, in competition in a particular market; or how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and include sufficient details to show whether the person has made a genuine, but unsuccessful, attempt to resolve the subject matter of the complaint with the government agency.

(a) a person in competition with a government agency in a particular market; or
(b) a person adversely affected by a competitive advantage the person alleges is enjoyed by the government agency.
(a) be in writing; and
(b) contain details of the alleged failure of a government agency to comply with the principle of competitive neutrality; and
(c) include sufficient details to show— (i) the person and the government agency are, or could be, in competition in a particular market; or (ii) how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and
(i) the person and the government agency are, or could be, in competition in a particular market; or
(ii) how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and
(d) include sufficient details to show whether the person has made a genuine, but unsuccessful, attempt to resolve the subject matter of the complaint with the government agency.
(i) the person and the government agency are, or could be, in competition in a particular market; or
(ii) how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and

sec.42

Further information to support complaint

sec.42 Further information to support complaint

The authority may, by written notice, require a complainant to give the authority further stated information about the competitive neutrality complaint within the reasonable period stated in the notice. The stated information must be information that the authority considers is necessary and reasonable to help the authority decide whether or not to investigate the complaint. s 42 prev s 42 om 2015 No. 29 s 65 pres s 42 ins 2021 No. 12 s 203 (sec.42-ssec.1) The authority may, by written notice, require a complainant to give the authority further stated information about the competitive neutrality complaint within the reasonable period stated in the notice. (sec.42-ssec.2) The stated information must be information that the authority considers is necessary and reasonable to help the authority decide whether or not to investigate the complaint.

pt.4-div.3

Dealing with competitive neutrality complaints

sec.43

Guideline for dealing with complaints

sec.43 Guideline for dealing with complaints

The Minister may approve a guideline that sets out the process for dealing with competitive neutrality complaints. The authority must— publish the approved guideline on its website; and subject to this part, comply with the approved guideline when dealing with a competitive neutrality complaint. s 43 prev s 43 om 2015 No. 29 s 65 pres s 43 ins 2021 No. 12 s 203 (sec.43-ssec.1) The Minister may approve a guideline that sets out the process for dealing with competitive neutrality complaints. (sec.43-ssec.2) The authority must— publish the approved guideline on its website; and subject to this part, comply with the approved guideline when dealing with a competitive neutrality complaint.

(a) publish the approved guideline on its website; and
(b) subject to this part, comply with the approved guideline when dealing with a competitive neutrality complaint.

sec.44

Requirement to investigate complaint

sec.44 Requirement to investigate complaint

The authority must investigate a competitive neutrality complaint under division 4 unless the authority refuses to deal with, or to continue to deal with, the complaint under section 45 . s 44 prev s 44 om 2015 No. 29 s 65 pres s 44 ins 2021 No. 12 s 203

sec.45

Refusing complaint

sec.45 Refusing complaint

The authority may refuse a competitive neutrality complaint if— the authority believes the complainant is not, and could not be, in competition in a particular market with the government agency the subject of the complaint; or the authority believes the complainant has not made a genuine attempt to resolve the complaint with the government agency the subject of the complaint; or the complainant failed, without reasonable excuse, to comply with a notice, given to the complainant under section 42 , requiring the complainant to give stated information to the authority; or the authority believes the complaint is frivolous or vexatious. Within 14 days after deciding to refuse the complaint, the authority must give the complainant a notice that states the decision and the reasons for the decision. In this section— refuse , in relation to a competitive neutrality complaint, means refuse to deal with, or continue to deal with, the complaint. s 45 prev s 45 om 2015 No. 29 s 65 pres s 45 ins 2021 No. 12 s 203 (sec.45-ssec.1) The authority may refuse a competitive neutrality complaint if— the authority believes the complainant is not, and could not be, in competition in a particular market with the government agency the subject of the complaint; or the authority believes the complainant has not made a genuine attempt to resolve the complaint with the government agency the subject of the complaint; or the complainant failed, without reasonable excuse, to comply with a notice, given to the complainant under section 42 , requiring the complainant to give stated information to the authority; or the authority believes the complaint is frivolous or vexatious. (sec.45-ssec.2) Within 14 days after deciding to refuse the complaint, the authority must give the complainant a notice that states the decision and the reasons for the decision. (sec.45-ssec.3) In this section— refuse , in relation to a competitive neutrality complaint, means refuse to deal with, or continue to deal with, the complaint.

(a) the authority believes the complainant is not, and could not be, in competition in a particular market with the government agency the subject of the complaint; or
(b) the authority believes the complainant has not made a genuine attempt to resolve the complaint with the government agency the subject of the complaint; or
(c) the complainant failed, without reasonable excuse, to comply with a notice, given to the complainant under section 42 , requiring the complainant to give stated information to the authority; or
(d) the authority believes the complaint is frivolous or vexatious.

pt.4-div.4

Investigation of competitive neutrality complaints

sec.46

Application of division

sec.46 Application of division

This division applies if the authority is required to investigate, under this division, a competitive neutrality complaint made against a government agency. s 46 prev s 46 om 2015 No. 29 s 65 pres s 46 ins 2021 No. 12 s 203

sec.47

Notice of investigation

sec.47 Notice of investigation

The authority must give written notice of the requirement for the investigation to— the government agency; and the responsible Minister for the government agency; and the complainant. The notice must be given a reasonable period before the authority starts the investigation. The authority may also give notice of the investigation to any other person the authority considers appropriate. s 47 prev s 47 amd 2013 No. 39 s 43 sch 1 om 2015 No. 29 s 65 pres s 47 ins 2021 No. 12 s 203 (sec.47-ssec.1) The authority must give written notice of the requirement for the investigation to— the government agency; and the responsible Minister for the government agency; and the complainant. (sec.47-ssec.2) The notice must be given a reasonable period before the authority starts the investigation. (sec.47-ssec.3) The authority may also give notice of the investigation to any other person the authority considers appropriate.

(a) the government agency; and
(b) the responsible Minister for the government agency; and
(c) the complainant.

sec.48

Power to require certain information from government agency

sec.48 Power to require certain information from government agency

The authority may require the government agency, by written notice given to the agency, to— give the authority stated information relevant to the complaint within a stated period; or produce a stated document relevant to the complaint to the authority at a stated time and place. The government agency must comply with the notice unless— the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or giving the stated information or document to the authority is prohibited under an Act; or giving the stated information or document to the authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law. The government agency is not liable for a breach of a contract, confidence or duty for giving the authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice. s 48 prev s 48 om 2015 No. 29 s 65 pres s 48 ins 2021 No. 12 s 203 (sec.48-ssec.1) The authority may require the government agency, by written notice given to the agency, to— give the authority stated information relevant to the complaint within a stated period; or produce a stated document relevant to the complaint to the authority at a stated time and place. (sec.48-ssec.2) The government agency must comply with the notice unless— the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or giving the stated information or document to the authority is prohibited under an Act; or giving the stated information or document to the authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law. (sec.48-ssec.3) The government agency is not liable for a breach of a contract, confidence or duty for giving the authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice.

(a) give the authority stated information relevant to the complaint within a stated period; or
(b) produce a stated document relevant to the complaint to the authority at a stated time and place.
(a) the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or
(b) giving the stated information or document to the authority is prohibited under an Act; or
(c) giving the stated information or document to the authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.

sec.49

Requirement for report about investigation

sec.49 Requirement for report about investigation

After the authority completes the investigation, the authority must— prepare a written report about the investigation and the results of the investigation; and give the report to the Minister. The authority may recommend in the report that the report, or part of it, not be made available to the public until the end of a stated period. The authority must include the reasons for the recommendation in the report. s 49 prev s 49 amd 2013 No. 39 s 17 om 2015 No. 29 s 65 pres s 49 ins 2021 No. 12 s 203 (sec.49-ssec.1) After the authority completes the investigation, the authority must— prepare a written report about the investigation and the results of the investigation; and give the report to the Minister. (sec.49-ssec.2) The authority may recommend in the report that the report, or part of it, not be made available to the public until the end of a stated period. (sec.49-ssec.3) The authority must include the reasons for the recommendation in the report.

(a) prepare a written report about the investigation and the results of the investigation; and
(b) give the report to the Minister.

sec.50

Minister’s response to report about investigation

sec.50 Minister’s response to report about investigation

As soon as practicable after receiving the report about the investigation from the authority, the Minister must give the authority a response to the report. s 50 prev s 50 om 2015 No. 29 s 65 pres s 50 ins 2021 No. 12 s 203

sec.51

Publication of report about investigation

sec.51 Publication of report about investigation

As soon as practicable after receiving the Minister’s response to its report about the investigation, the authority must publish the report on its website. However, if the Minister accepted a recommendation under section 49 to delay publication of the report, or part of it, the authority must not publish the report or part on its website until the end of the period stated in the recommendation. s 51 prev s 51 om 2015 No. 29 s 65 pres s 51 ins 2021 No. 12 s 203 (sec.51-ssec.1) As soon as practicable after receiving the Minister’s response to its report about the investigation, the authority must publish the report on its website. (sec.51-ssec.2) However, if the Minister accepted a recommendation under section 49 to delay publication of the report, or part of it, the authority must not publish the report or part on its website until the end of the period stated in the recommendation.

pt.4-div.5

General

sec.52

Confidentiality requests

sec.52 Confidentiality requests

This section applies if a person believes that the disclosure of information given, or to be given, to the authority under this part is likely to damage the person’s commercial activities. The person may give the authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent. The authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest. If the authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity. Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person. In this section— commercial activities means activities conducted on a commercial basis. contractor , of the authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or if the information relates to a government agency—the responsible Minister for the government agency; or a member of the authority; or a member of the authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or if the information relates to a local government—the local government. information includes a document. person includes a government agency. s 52 prev s 52 amd 2013 No. 39 s 43 sch 1 om 2015 No. 29 s 65 pres s 52 ins 2021 No. 12 s 203 (sec.52-ssec.1) This section applies if a person believes that the disclosure of information given, or to be given, to the authority under this part is likely to damage the person’s commercial activities. (sec.52-ssec.2) The person may give the authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent. (sec.52-ssec.3) The authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest. (sec.52-ssec.4) If the authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity. (sec.52-ssec.5) Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person. (sec.52-ssec.6) In this section— commercial activities means activities conducted on a commercial basis. contractor , of the authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or if the information relates to a government agency—the responsible Minister for the government agency; or a member of the authority; or a member of the authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or if the information relates to a local government—the local government. information includes a document. person includes a government agency.

(a) states the person’s belief; and
(b) asks the authority not to disclose the information to an external entity without the person’s consent.
(a) the person’s belief is justified; and
(b) disclosure of the information would not be in the public interest.
(a) include the information in a report about the investigation of a competitive neutrality complaint; or
(b) otherwise disclose the information to an external entity.
(a) under a contract between the person and the authority; or
(b) under an arrangement between the authority and another person.
(a) the Minister; or
(b) if the information relates to a government agency—the responsible Minister for the government agency; or
(c) a member of the authority; or
(d) a member of the authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or
(e) if the information relates to a local government—the local government.

sec.53

Section sec.53

s 53 om 2015 No. 29 s 65

sec.54

Section sec.54

s 54 om 2015 No. 29 s 65

sec.55

Section sec.55

s 55 amd 2013 No. 39 s 43 sch 1 om 2015 No. 29 s 65

sec.56

Section sec.56

s 56 amd 2013 No. 39 s 43 sch 1 om 2015 No. 29 s 65

sec.57

Section sec.57

s 57 amd 2000 No. 15 s 20 ; 2013 No. 39 s 43 sch 1 om 2015 No. 29 s 65

sec.58

Section sec.58

s 58 amd 2013 No. 39 s 43 sch 1 om 2015 No. 29 s 65

sec.59

Section sec.59

s 59 amd 2013 No. 39 s 43 sch 1 om 2015 No. 29 s 65

sec.60

Section sec.60

s 60 om 2015 No. 29 s 65

sec.61

Section sec.61

s 61 om 2015 No. 29 s 65

sec.62

Section sec.62

s 62 om 1997 No. 77 s 88

sec.63

Section sec.63

s 63 amd 2002 No. 56 s 21 om 2015 No. 29 s 65

sec.64

Section sec.64

s 64 om 2015 No. 29 s 65

sec.65

Section sec.65

s 65 om 2015 No. 29 s 65

sec.66

Section sec.66

s 66 om 2015 No. 29 s 65

sec.67

Section sec.67

s 67 om 2015 No. 29 s 65

sec.68

Section sec.68

s 68 om 2015 No. 29 s 65

sec.69

Section sec.69

s 69 om 2015 No. 29 s 65

pt.4-div.6

sec.69A

Section sec.69A

s 69A ins 1997 No. 77 s 89 om 2015 No. 29 s 65

sec.69B

Section sec.69B

s 69B ins 1997 No. 77 s 89 om 2015 No. 29 s 65

sec.69C

Section sec.69C

s 69C ins 1997 No. 77 s 89 om 2015 No. 29 s 65

sec.69D

Section sec.69D

s 69D ins 1997 No. 77 s 89 om 2015 No. 29 s 65

pt.5

Access to services

pt.5-div.1

Preliminary

sec.69E

Object of pt 5

sec.69E Object of pt 5

The object of this part is to promote the economically efficient operation of, use of and investment in, significant infrastructure by which services are provided, with the effect of promoting effective competition in upstream and downstream markets. s 69E ins 2008 No. 35 s 39 amd 2010 No. 32 s 18

sec.70

Meaning of facility

sec.70 Meaning of facility

Facility includes— rail transport infrastructure; and port infrastructure; and electricity, petroleum, gas or GHG stream transmission and distribution infrastructure; and water and sewerage infrastructure, including treatment and distribution infrastructure. In this section— GHG stream see the Greenhouse Gas Storage Act 2009 , section 12 . s 70 amd 2003 No. 29 s 381 ; 2009 No. 3 s 587 ; 2010 No. 32 s 19 (sec.70-ssec.1) Facility includes— rail transport infrastructure; and port infrastructure; and electricity, petroleum, gas or GHG stream transmission and distribution infrastructure; and water and sewerage infrastructure, including treatment and distribution infrastructure. (sec.70-ssec.2) In this section— GHG stream see the Greenhouse Gas Storage Act 2009 , section 12 .

(a) rail transport infrastructure; and
(b) port infrastructure; and
(c) electricity, petroleum, gas or GHG stream transmission and distribution infrastructure; and
(d) water and sewerage infrastructure, including treatment and distribution infrastructure.

sec.71

Meaning of market

sec.71 Meaning of market

A market is a market in Australia or a foreign country. If market is used in relation to goods or services, it includes a market for— the goods or services; and other goods or services that are able to be substituted for, or are otherwise competitive with, the goods or services mentioned in paragraph (a) . (sec.71-ssec.1) A market is a market in Australia or a foreign country. (sec.71-ssec.2) If market is used in relation to goods or services, it includes a market for— the goods or services; and other goods or services that are able to be substituted for, or are otherwise competitive with, the goods or services mentioned in paragraph (a) .

(a) the goods or services; and
(b) other goods or services that are able to be substituted for, or are otherwise competitive with, the goods or services mentioned in paragraph (a) .

sec.72

Meaning of service

sec.72 Meaning of service

Service is a service provided, or to be provided, by means of a facility and includes, for example— the use of a facility (including, for example, a road or railway line); and the transporting of people; and the handling or transporting of goods or other things; and a communications service or similar service. However, service does not include— the supply of goods (except to the extent the supply is an integral, but subsidiary, part of the service); or the use of intellectual property or a production process (except to the extent the use is an integral, but subsidiary, part of the service); or a service— provided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and that was stated under section 44PA (2) of that Act in the application for the approval. Subsections (1) and (2) apply only for this part. s 72 amd 2008 No. 35 s 40 ; 2010 No. 32 s 20 ; 2010 No. 53 s 95 ; 2010 No. 54 s 67 sch (sec.72-ssec.1) Service is a service provided, or to be provided, by means of a facility and includes, for example— the use of a facility (including, for example, a road or railway line); and the transporting of people; and the handling or transporting of goods or other things; and a communications service or similar service. (sec.72-ssec.2) However, service does not include— the supply of goods (except to the extent the supply is an integral, but subsidiary, part of the service); or the use of intellectual property or a production process (except to the extent the use is an integral, but subsidiary, part of the service); or a service— provided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and that was stated under section 44PA (2) of that Act in the application for the approval. (sec.72-ssec.3) Subsections (1) and (2) apply only for this part.

(a) the use of a facility (including, for example, a road or railway line); and
(b) the transporting of people; and
(c) the handling or transporting of goods or other things; and
(d) a communications service or similar service.
(a) the supply of goods (except to the extent the supply is an integral, but subsidiary, part of the service); or
(b) the use of intellectual property or a production process (except to the extent the use is an integral, but subsidiary, part of the service); or
(c) a service— (i) provided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and (ii) that was stated under section 44PA (2) of that Act in the application for the approval.
(i) provided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and
(ii) that was stated under section 44PA (2) of that Act in the application for the approval.
(i) provided, or to be provided, by means of a facility for which a decision of the Australian Competition and Consumer Commission, approving a competitive tender process under the Competition and Consumer Act 2010 (Cwlth) , section 44PA , is in force; and
(ii) that was stated under section 44PA (2) of that Act in the application for the approval.

sec.73

References to facilities

sec.73 References to facilities

In this part, a reference to a facility in association with a reference to a service or part of a service is a reference to the facility used, or to be used, to provide the service or part of the service.

sec.74

Application of part to partnerships and joint ventures

sec.74 Application of part to partnerships and joint ventures

This section applies if an access provider of a service is a partnership or joint venture consisting of 2 or more entities (the participants ). If this part requires or permits something to be done by an access provider, the thing may be done by 1 or more of the participants for the access provider. If a provision of this part refers to an access provider bearing any costs, the provision applies as if the provision referred to any of the participants bearing any costs. If a provision of this part refers to an access provider doing something, the provision applies as if the provision referred to 1 or more of the participants doing the thing for the access provider. Subsection (6) applies if— a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and a contravention of the provision is an offence. The provision mentioned in subsection (5) applies as if a reference to the access provider were a reference to any person responsible for the day-to-day management and control of the access provider. Subsection (8) applies if— a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and a contravention of the provision is not an offence. The provision mentioned in subsection (7) applies as if a reference to the access provider were a reference to each participant and to any other person responsible for the day-to-day management and control of the access provider. (sec.74-ssec.1) This section applies if an access provider of a service is a partnership or joint venture consisting of 2 or more entities (the participants ). (sec.74-ssec.2) If this part requires or permits something to be done by an access provider, the thing may be done by 1 or more of the participants for the access provider. (sec.74-ssec.3) If a provision of this part refers to an access provider bearing any costs, the provision applies as if the provision referred to any of the participants bearing any costs. (sec.74-ssec.4) If a provision of this part refers to an access provider doing something, the provision applies as if the provision referred to 1 or more of the participants doing the thing for the access provider. (sec.74-ssec.5) Subsection (6) applies if— a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and a contravention of the provision is an offence. (sec.74-ssec.6) The provision mentioned in subsection (5) applies as if a reference to the access provider were a reference to any person responsible for the day-to-day management and control of the access provider. (sec.74-ssec.7) Subsection (8) applies if— a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and a contravention of the provision is not an offence. (sec.74-ssec.8) The provision mentioned in subsection (7) applies as if a reference to the access provider were a reference to each participant and to any other person responsible for the day-to-day management and control of the access provider.

(a) a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and
(b) a contravention of the provision is an offence.
(a) a provision of this part requires an access provider to do something, or prohibits an access provider from doing something; and
(b) a contravention of the provision is not an offence.

sec.75

Application of Act to authority for purposes of giving notices to owner

sec.75 Application of Act to authority for purposes of giving notices to owner

If this Act requires or permits a notice to be given to the owner of a facility or service by the authority and there is more than 1 owner of the facility or service, the notice may be given to— if there is a nominated owner for the facility or service—the nominated owner; or if the authority has requested notification of a nominated owner for the facility or service but there is no nominated owner—any 1 of the owners. An owner is the nominated owner, for a facility or service for which there is more than 1 owner, only if a written notice has been given to the authority in relation to the owner (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners. For subsection (1) (b) , the authority may request notification of a nominated owner, for a facility or service for which there is more than 1 owner, by giving a notice to each owner whose name and address is known to the authority asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 owner (also the nominee ); and a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners. s 75 amd 2005 No. 37 s 5 (sec.75-ssec.1) If this Act requires or permits a notice to be given to the owner of a facility or service by the authority and there is more than 1 owner of the facility or service, the notice may be given to— if there is a nominated owner for the facility or service—the nominated owner; or if the authority has requested notification of a nominated owner for the facility or service but there is no nominated owner—any 1 of the owners. (sec.75-ssec.2) An owner is the nominated owner, for a facility or service for which there is more than 1 owner, only if a written notice has been given to the authority in relation to the owner (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners. (sec.75-ssec.3) For subsection (1) (b) , the authority may request notification of a nominated owner, for a facility or service for which there is more than 1 owner, by giving a notice to each owner whose name and address is known to the authority asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 owner (also the nominee ); and a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners.

(a) if there is a nominated owner for the facility or service—the nominated owner; or
(b) if the authority has requested notification of a nominated owner for the facility or service but there is no nominated owner—any 1 of the owners.
(a) the nominee’s name and address for receiving notices; and
(b) a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and
(c) a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners.
(a) the name, and address for receiving notices, of 1 owner (also the nominee ); and
(b) a signed statement by the other owners that the nominee is authorised by them to receive notices under this Act for all the owners; and
(c) a signed statement by the nominee agreeing to be the owner authorised to receive notices under this Act for all the owners.

sec.75A

Application of Act to authority for purposes of giving notices to operator

sec.75A Application of Act to authority for purposes of giving notices to operator

If this Act requires or permits a notice to be given to the operator of a facility or service by the authority and there is more than 1 operator of the facility or service, the notice may be given to— if there is a nominated operator for the facility or service—the nominated operator; or if the authority has requested notification of a nominated operator for the facility or service but there is no nominated operator—any one of the operators. An operator is the nominated operator, for a facility or service for which there is more than 1 operator, only if a written notice has been given to the authority in relation to the operator (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators. For subsection (1) (b) , the authority may request notification of a nominated operator, for a facility or service for which there is more than 1 operator, by giving a notice to each operator whose name and address is known to the authority asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 operator (also the nominee ); and a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators. s 75A ins 2005 No. 37 s 6 (sec.75A-ssec.1) If this Act requires or permits a notice to be given to the operator of a facility or service by the authority and there is more than 1 operator of the facility or service, the notice may be given to— if there is a nominated operator for the facility or service—the nominated operator; or if the authority has requested notification of a nominated operator for the facility or service but there is no nominated operator—any one of the operators. (sec.75A-ssec.2) An operator is the nominated operator, for a facility or service for which there is more than 1 operator, only if a written notice has been given to the authority in relation to the operator (the nominee ) and the notice contains— the nominee’s name and address for receiving notices; and a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators. (sec.75A-ssec.3) For subsection (1) (b) , the authority may request notification of a nominated operator, for a facility or service for which there is more than 1 operator, by giving a notice to each operator whose name and address is known to the authority asking that a written notice be given to the authority containing— the name, and address for receiving notices, of 1 operator (also the nominee ); and a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators.

(a) if there is a nominated operator for the facility or service—the nominated operator; or
(b) if the authority has requested notification of a nominated operator for the facility or service but there is no nominated operator—any one of the operators.
(a) the nominee’s name and address for receiving notices; and
(b) a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and
(c) a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators.
(a) the name, and address for receiving notices, of 1 operator (also the nominee ); and
(b) a signed statement by the other operators that the nominee is authorised by them to receive notices under this Act for all the operators; and
(c) a signed statement by the nominee agreeing to be the operator authorised to receive notices under this Act for all the operators.

pt.5-div.2

Declarations of services

sec.76

Access criteria

sec.76 Access criteria

This section sets out the matters (the access criteria ) about which— the authority is required to be satisfied for recommending that a service be declared by the Minister; and the Minister is required to be satisfied for declaring a service. The access criteria are as follows— that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least 1 market (whether or not in Australia), other than the market for the service; that the facility for the service could meet the total foreseeable demand in the market— over the period for which the service would be declared; and at the least cost compared to any 2 or more facilities (which could include the facility for the service); that the facility for the service is significant, having regard to its size or its importance to the Queensland economy; that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest. For subsection (2) (b) , if the facility for the service is currently at capacity, and it is reasonably possible to expand that capacity, the authority and the Minister may have regard to the facility as if it had that expanded capacity. Without limiting subsection (2) (b) , the cost referred to in subsection (2) (b) (ii) includes all costs associated with having multiple users of the facility for the service, including costs that would be incurred if the service were declared. In considering the access criterion mentioned in subsection (2) (d) , the authority and the Minister must have regard to the following matters— if the facility for the service extends outside Queensland— whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and the desirability of consistency in regulating access to the service; the effect that declaring the service would have on investment in— facilities; and markets that depend on access to the service; the administrative and compliance costs that would be incurred by the provider of the service if the service were declared; any other matter the authority or Minister considers relevant. s 76 amd 2008 No. 35 s 41 ; 2010 No. 32 s 23 ; 2013 No. 39 s 43 sch 1 ; 2018 No. 6 s 4 (sec.76-ssec.1) This section sets out the matters (the access criteria ) about which— the authority is required to be satisfied for recommending that a service be declared by the Minister; and the Minister is required to be satisfied for declaring a service. (sec.76-ssec.2) The access criteria are as follows— that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least 1 market (whether or not in Australia), other than the market for the service; that the facility for the service could meet the total foreseeable demand in the market— over the period for which the service would be declared; and at the least cost compared to any 2 or more facilities (which could include the facility for the service); that the facility for the service is significant, having regard to its size or its importance to the Queensland economy; that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest. (sec.76-ssec.3) For subsection (2) (b) , if the facility for the service is currently at capacity, and it is reasonably possible to expand that capacity, the authority and the Minister may have regard to the facility as if it had that expanded capacity. (sec.76-ssec.4) Without limiting subsection (2) (b) , the cost referred to in subsection (2) (b) (ii) includes all costs associated with having multiple users of the facility for the service, including costs that would be incurred if the service were declared. (sec.76-ssec.5) In considering the access criterion mentioned in subsection (2) (d) , the authority and the Minister must have regard to the following matters— if the facility for the service extends outside Queensland— whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and the desirability of consistency in regulating access to the service; the effect that declaring the service would have on investment in— facilities; and markets that depend on access to the service; the administrative and compliance costs that would be incurred by the provider of the service if the service were declared; any other matter the authority or Minister considers relevant.

(a) the authority is required to be satisfied for recommending that a service be declared by the Minister; and
(b) the Minister is required to be satisfied for declaring a service.
(a) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least 1 market (whether or not in Australia), other than the market for the service;
(b) that the facility for the service could meet the total foreseeable demand in the market— (i) over the period for which the service would be declared; and (ii) at the least cost compared to any 2 or more facilities (which could include the facility for the service);
(i) over the period for which the service would be declared; and
(ii) at the least cost compared to any 2 or more facilities (which could include the facility for the service);
(c) that the facility for the service is significant, having regard to its size or its importance to the Queensland economy;
(d) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest.
(i) over the period for which the service would be declared; and
(ii) at the least cost compared to any 2 or more facilities (which could include the facility for the service);
(a) if the facility for the service extends outside Queensland— (i) whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and (ii) the desirability of consistency in regulating access to the service;
(i) whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and
(ii) the desirability of consistency in regulating access to the service;
(b) the effect that declaring the service would have on investment in— (i) facilities; and (ii) markets that depend on access to the service;
(i) facilities; and
(ii) markets that depend on access to the service;
(c) the administrative and compliance costs that would be incurred by the provider of the service if the service were declared;
(d) any other matter the authority or Minister considers relevant.
(i) whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and
(ii) the desirability of consistency in regulating access to the service;
(i) facilities; and
(ii) markets that depend on access to the service;

More sections below

Source text: opening excerpt

Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.

pt.1 Preliminary

Preliminary

pt.1-div.1 Introduction

Introduction

sec.1 Short title

This Act may be cited as the Queensland Competition Authority Act 1997 .

sec.2 Commencement

Parts 3 and 4 commence on 1 July 1997.

sec.3 Act binds State

sec.4 Extraterritorial operation

(a) land and things outside Queensland (whether in or outside Australia); and
(b) acts, transactions and things done, entered into or happening outside Queensland (whether in or outside Australia); and
(c) land, things, acts and transactions (wherever situated, done, entered into or happening) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction (including a foreign country).

pt.1-div.2 Interpretation

Interpretation

sec.5 Dictionary

The dictionary in schedule 2 defines particular words in this Act. s 5 amd 2010 No. 32 s 16

Deep Dive

What it does

Main concepts

Current sections

Preliminary

Preliminary

Introduction

Introduction

Short title

sec.1 Short title

Commencement

sec.2 Commencement

Act binds State

sec.3 Act binds State

Extraterritorial operation

sec.4 Extraterritorial operation

Interpretation

Interpretation

Dictionary

sec.5 Dictionary

Section sec.6

Queensland Competition Authority

Queensland Competition Authority

Establishment of authority

Establishment of authority

Establishment of authority

sec.7 Establishment of authority

Legal status of authority

sec.8 Legal status of authority

Authority’s relationship with State

sec.9 Authority’s relationship with State

Functions and powers of authority

Functions and powers of authority

Authority’s functions

sec.10 Authority’s functions

Authority’s powers

sec.11 Authority’s powers

Directions by Minister about authority’s functions

sec.12 Directions by Minister about authority’s functions

Public availability of directions

sec.13 Public availability of directions

Pricing practices relating to monopoly business activities

Pricing practices relating to monopoly business activities

Application of part

Application of part

What pt&#160;3 is about

sec.13A What pt 3 is about

Application of part to responsible local governments consisting of 2 or more local governments

sec.13B Application of part to responsible local governments consisting of 2 or more local governments

Application of part to responsible local government for giving notices

sec.13C Application of part to responsible local government for giving notices

Application of part to local government entities and responsible local governments that are the same person

sec.13D Application of part to local government entities and responsible local governments that are the same person

Application of part to local government entities and responsible local governments that are the same person for giving notices

sec.13E Application of part to local government entities and responsible local governments that are the same person for giving notices

Criteria for declarations of monopoly business activities

Criteria for declarations of monopoly business activities

Development of criteria for government business activities

sec.14 Development of criteria for government business activities

Development of criteria for non-government business activities

sec.14A Development of criteria for non-government business activities

Revision of, and advice about, criteria

sec.15 Revision of, and advice about, criteria

Consultation about criteria

sec.16 Consultation about criteria

Publication of criteria

sec.17 Publication of criteria

Declarations of monopoly business activities

Declarations of monopoly business activities

Request for declaration

sec.18 Request for declaration

Notice of requests relating to significant business activities

sec.18A Notice of requests relating to significant business activities

Requests by local government entities and responsible local governments

sec.18B Requests by local government entities and responsible local governments

Declaration by Minister

sec.19 Declaration by Minister

Declaration by regulation

sec.20 Declaration by regulation

Public availability of requests

What pt 3 is about