QLDIn ForceAct
Queensland Competition Authority Act 1997
sec.150FRequirements for making ruling
Start here
Get a plain-English read of sec.150F
Turn the raw legal text into a practical explanation grounded in Queensland Competition Authority Act 1997.
### sec.150F Requirements for making ruling
If the authority receives an application for a ruling, the authority may, if the authority considers it appropriate, make the ruling stated in the application.
However, the authority may make the ruling only if the authority is satisfied—
it would not be prevented under section 119 from making an access determination consistent with the ruling; and
it would not be prevented under section 138 (3) (a) from approving a draft access undertaking consistent with the ruling.
In making the ruling, the authority must—
comply with natural justice; and
have regard to the criteria stated in section 120 (1) and 138 (2) .
In making the ruling, the authority may make assumptions about future events or matters.
The authority makes the ruling by giving written notice (a ruling notice ) to the prescribed person who applied for the ruling.
For subsection (5) , a ruling notice must state each of the following—
the service to which the ruling relates;
the ruling and the reasons for it;
the circumstances relating to the service—
existing at the time the ruling is made; and
considered by the authority to be material to the ruling;
if the ruling is made on the basis of assumptions about future events or matters considered by the authority to be material to the ruling—the assumptions made by the authority;
the period for which the ruling has effect.
s 150F ins 2008 No. 35 s 51
(sec.150F-ssec.1) If the authority receives an application for a ruling, the authority may, if the authority considers it appropriate, make the ruling stated in the application.
(sec.150F-ssec.2) However, the authority may make the ruling only if the authority is satisfied— it would not be prevented under section 119 from making an access determination consistent with the ruling; and it would not be prevented under section 138 (3) (a) from approving a draft access undertaking consistent with the ruling.
(sec.150F-ssec.3) In making the ruling, the authority must— comply with natural justice; and have regard to the criteria stated in section 120 (1) and 138 (2) .
(sec.150F-ssec.4) In making the ruling, the authority may make assumptions about future events or matters.
(sec.150F-ssec.5) The authority makes the ruling by giving written notice (a ruling notice ) to the prescribed person who applied for the ruling.
(sec.150F-ssec.6) For subsection (5) , a ruling notice must state each of the following— the service to which the ruling relates; the ruling and the reasons for it; the circumstances relating to the service— existing at the time the ruling is made; and considered by the authority to be material to the ruling; if the ruling is made on the basis of assumptions about future events or matters considered by the authority to be material to the ruling—the assumptions made by the authority; the period for which the ruling has effect.
- (a) it would not be prevented under section 119 from making an access determination consistent with the ruling; and
- (b) it would not be prevented under section 138 (3) (a) from approving a draft access undertaking consistent with the ruling.
- (a) comply with natural justice; and
- (b) have regard to the criteria stated in section 120 (1) and 138 (2) .
- (a) the service to which the ruling relates;
- (b) the ruling and the reasons for it;
- (c) the circumstances relating to the service— (i) existing at the time the ruling is made; and (ii) considered by the authority to be material to the ruling;
- (i) existing at the time the ruling is made; and
- (ii) considered by the authority to be material to the ruling;
- (d) if the ruling is made on the basis of assumptions about future events or matters considered by the authority to be material to the ruling—the assumptions made by the authority;
- (e) the period for which the ruling has effect.
- (i) existing at the time the ruling is made; and
- (ii) considered by the authority to be material to the ruling;