sec.38Principle of competitive neutrality

### sec.38 Principle of competitive neutrality The principle of competitive neutrality is the principle that a government agency carrying on a significant business activity should not enjoy a competitive advantage over competitors or potential competitors in a particular market solely because the agency’s activities are not subject to 1 or more of the following— full Commonwealth or State taxes or tax equivalent systems; debt guarantee fees directed towards offsetting the competitive advantages of government guarantees; procedural or regulatory requirements of the Commonwealth, the State or a local government on conditions equivalent to the conditions to which a competitor or potential competitor may be subject, including, for example, requirements about the protection of the environment and about planning and approval processes. In this section— significant business activity see section 39 (3) . s 38 prev s 38 amd 2000 No. 15 s 19 om 2015 No. 29 s 65 pres s 38 ins 2021 No. 12 s 203 (sec.38-ssec.1) The principle of competitive neutrality is the principle that a government agency carrying on a significant business activity should not enjoy a competitive advantage over competitors or potential competitors in a particular market solely because the agency’s activities are not subject to 1 or more of the following— full Commonwealth or State taxes or tax equivalent systems; debt guarantee fees directed towards offsetting the competitive advantages of government guarantees; procedural or regulatory requirements of the Commonwealth, the State or a local government on conditions equivalent to the conditions to which a competitor or potential competitor may be subject, including, for example, requirements about the protection of the environment and about planning and approval processes. (sec.38-ssec.2) In this section— significant business activity see section 39 (3) . - (a) full Commonwealth or State taxes or tax equivalent systems; - (b) debt guarantee fees directed towards offsetting the competitive advantages of government guarantees; - (c) procedural or regulatory requirements of the Commonwealth, the State or a local government on conditions equivalent to the conditions to which a competitor or potential competitor may be subject, including, for example, requirements about the protection of the environment and about planning and approval processes.