QLDIn ForceAct
Queensland Competition Authority Act 1997
sec.19Declaration by Minister
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### 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.