QLDIn ForceAct
Queensland Competition Authority Act 1997
sec.41Making competitive neutrality complaint
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### sec.41 Making competitive neutrality complaint
A person may make a competitive neutrality complaint to the authority if the person is, or could be—
a person in competition with a government agency in a particular market; or
a person adversely affected by a competitive advantage the person alleges is enjoyed by the government agency.
The complaint must—
be in writing; and
contain details of the alleged failure of a government agency to comply with the principle of competitive neutrality; and
include sufficient details to show—
the person and the government agency are, or could be, in competition in a particular market; or
how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and
include sufficient details to show whether the person has made a genuine, but unsuccessful, attempt to resolve the subject matter of the complaint with the government agency.
s 41 prev s 41 om 2015 No. 29 s 65
pres s 41 ins 2021 No. 12 s 203
(sec.41-ssec.1) A person may make a competitive neutrality complaint to the authority if the person is, or could be— a person in competition with a government agency in a particular market; or a person adversely affected by a competitive advantage the person alleges is enjoyed by the government agency.
(sec.41-ssec.2) The complaint must— be in writing; and contain details of the alleged failure of a government agency to comply with the principle of competitive neutrality; and include sufficient details to show— the person and the government agency are, or could be, in competition in a particular market; or how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and include sufficient details to show whether the person has made a genuine, but unsuccessful, attempt to resolve the subject matter of the complaint with the government agency.
- (a) a person in competition with a government agency in a particular market; or
- (b) a person adversely affected by a competitive advantage the person alleges is enjoyed by the government agency.
- (a) be in writing; and
- (b) contain details of the alleged failure of a government agency to comply with the principle of competitive neutrality; and
- (c) include sufficient details to show— (i) the person and the government agency are, or could be, in competition in a particular market; or (ii) how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and
- (i) the person and the government agency are, or could be, in competition in a particular market; or
- (ii) how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and
- (d) include sufficient details to show whether the person has made a genuine, but unsuccessful, attempt to resolve the subject matter of the complaint with the government agency.
- (i) the person and the government agency are, or could be, in competition in a particular market; or
- (ii) how the person is, or could be, adversely affected by the competitive advantage the person alleges is enjoyed by the government agency; and