QLDIn ForceAct
Queensland Competition Authority Act 1997
sec.150KWhen a ruling does not apply
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### sec.150K When a ruling does not apply
This section states the circumstances in which a ruling does not apply for the purpose of—
the making by the authority of an access determination relating to the relevant service; or
the making of a decision by the authority about whether to approve a draft access undertaking relating to the relevant service.
The circumstances are—
information used by the authority to make the ruling was false or misleading in a material particular; or
the circumstances relating to the service existing when the authority makes the determination or decision mentioned in subsection (1) are materially different to the relevant circumstances for the ruling; or
if there is a relevant assumption for the ruling—the event or matter to which the assumption relates has not happened as assumed.
This section applies despite section 150G .
s 150K ins 2008 No. 35 s 51
(sec.150K-ssec.1) This section states the circumstances in which a ruling does not apply for the purpose of— the making by the authority of an access determination relating to the relevant service; or the making of a decision by the authority about whether to approve a draft access undertaking relating to the relevant service.
(sec.150K-ssec.2) The circumstances are— information used by the authority to make the ruling was false or misleading in a material particular; or the circumstances relating to the service existing when the authority makes the determination or decision mentioned in subsection (1) are materially different to the relevant circumstances for the ruling; or if there is a relevant assumption for the ruling—the event or matter to which the assumption relates has not happened as assumed.
(sec.150K-ssec.3) This section applies despite section 150G .
- (a) the making by the authority of an access determination relating to the relevant service; or
- (b) the making of a decision by the authority about whether to approve a draft access undertaking relating to the relevant service.
- (a) information used by the authority to make the ruling was false or misleading in a material particular; or
- (b) the circumstances relating to the service existing when the authority makes the determination or decision mentioned in subsection (1) are materially different to the relevant circumstances for the ruling; or
- (c) if there is a relevant assumption for the ruling—the event or matter to which the assumption relates has not happened as assumed.