QLDIn ForceAct
Queensland Competition Authority Act 1997
sec.109Decision on application
Start here
Get a plain-English read of sec.109
Turn the raw legal text into a practical explanation grounded in Queensland Competition Authority Act 1997.
### sec.109 Decision on application
The authority must consider an application for approval of an access agreement received by it and either approve, or refuse to approve, the agreement.
In deciding whether to give the approval, the authority must have regard to—
the object of this part; and
the public interest, including the public interest in having competition in markets (whether or not in Australia); and
the interests of the access provider; and
the interests of persons who have, or may acquire, rights to use the declared service to which the agreement relates, including whether adequate provision has been made for compensation if the persons’ rights are adversely affected.
s 109 amd 2000 No. 15 s 26 ; 2008 No. 35 s 43
(sec.109-ssec.1) The authority must consider an application for approval of an access agreement received by it and either approve, or refuse to approve, the agreement.
(sec.109-ssec.2) In deciding whether to give the approval, the authority must have regard to— the object of this part; and the public interest, including the public interest in having competition in markets (whether or not in Australia); and the interests of the access provider; and the interests of persons who have, or may acquire, rights to use the declared service to which the agreement relates, including whether adequate provision has been made for compensation if the persons’ rights are adversely affected.
- (a) the object of this part; and
- (b) the public interest, including the public interest in having competition in markets (whether or not in Australia); and
- (c) the interests of the access provider; and
- (d) the interests of persons who have, or may acquire, rights to use the declared service to which the agreement relates, including whether adequate provision has been made for compensation if the persons’ rights are adversely affected.