QLDIn ForceAct
Queensland Competition Authority Act 1997
sec.134Consideration and approval of draft access undertaking by authority
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### sec.134 Consideration and approval of draft access undertaking by authority
The authority must consider a draft access undertaking given to it in response to an initial undertaking notice and either approve, or refuse to approve, the draft access undertaking.
If the authority refuses to approve the draft access undertaking, it must give the owner or operator a written notice (a secondary undertaking notice ) stating the reasons for the refusal and asking the owner or operator to—
amend the draft access undertaking in the way the authority considers appropriate; and
give the authority a copy of the amended draft access undertaking within—
60 days of receiving the notice; or
if the period is extended under subsection (2A) —the extended period.
The authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the owner or operator a written notice stating the day the extended period ends.
The day stated in a notice under subsection (2A) must be no later than 90 days after the owner or operator received the secondary undertaking notice.
If the owner or operator complies with the secondary undertaking notice, the authority may approve the draft access undertaking.
s 134 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 14 ; 2008 No. 35 s 47 ; 2010 No. 32 s 48
(sec.134-ssec.1) The authority must consider a draft access undertaking given to it in response to an initial undertaking notice and either approve, or refuse to approve, the draft access undertaking.
(sec.134-ssec.2) If the authority refuses to approve the draft access undertaking, it must give the owner or operator a written notice (a secondary undertaking notice ) stating the reasons for the refusal and asking the owner or operator to— amend the draft access undertaking in the way the authority considers appropriate; and give the authority a copy of the amended draft access undertaking within— 60 days of receiving the notice; or if the period is extended under subsection (2A) —the extended period.
(sec.134-ssec.2A) The authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the owner or operator a written notice stating the day the extended period ends.
(sec.134-ssec.2B) The day stated in a notice under subsection (2A) must be no later than 90 days after the owner or operator received the secondary undertaking notice.
(sec.134-ssec.3) If the owner or operator complies with the secondary undertaking notice, the authority may approve the draft access undertaking.
- (a) amend the draft access undertaking in the way the authority considers appropriate; and
- (b) give the authority a copy of the amended draft access undertaking within— (i) 60 days of receiving the notice; or (ii) if the period is extended under subsection (2A) —the extended period.
- (i) 60 days of receiving the notice; or
- (ii) if the period is extended under subsection (2A) —the extended period.
- (i) 60 days of receiving the notice; or
- (ii) if the period is extended under subsection (2A) —the extended period.