QLDIn ForceAct
Queensland Competition Authority Act 1997
sec.79APeriod for making recommendation
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### sec.79A Period for making recommendation
The authority must use its best endeavours to make a recommendation under section 79 within 6 months from the day the authority receives the request.
However, the 6 month period mentioned in subsection (1) does not include any of the following—
if the authority conducts an investigation for making the recommendation and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation, a day in the period—
starting on the day the notice is given to the person; and
ending on the day the person complies with the notice;
if the authority publishes a document about the recommendation and invites persons to make submissions on the document to the authority within a stated period—a day in the period for making submissions stated by the authority.
The authority must publish a notice on its website, while the authority is considering the making of the recommendation, stating—
the day the 6 month period mentioned in subsection (1) started or will start; and
the day the period will end; and
for a day not included in the period under subsection (2) —the reason the day is not included in the period.
If the authority fails to make the recommendation within the 6 month period mentioned in subsection (1) , it must, as soon as practicable after the period ends—
prepare a written notice stating—
the reasons for the authority’s failure; and
details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and
publish the notice on its website; and
give a copy of the notice to—
the applicant for the request; and
if the request was not made by the Minister—the Minister.
s 79A ins 2010 No. 32 s 26
amd 2013 No. 39 s 43 sch 1 ; 2018 No. 6 s 5
(sec.79A-ssec.1) The authority must use its best endeavours to make a recommendation under section 79 within 6 months from the day the authority receives the request.
(sec.79A-ssec.2) However, the 6 month period mentioned in subsection (1) does not include any of the following— if the authority conducts an investigation for making the recommendation and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation, a day in the period— starting on the day the notice is given to the person; and ending on the day the person complies with the notice; if the authority publishes a document about the recommendation and invites persons to make submissions on the document to the authority within a stated period—a day in the period for making submissions stated by the authority.
(sec.79A-ssec.3) The authority must publish a notice on its website, while the authority is considering the making of the recommendation, stating— the day the 6 month period mentioned in subsection (1) started or will start; and the day the period will end; and for a day not included in the period under subsection (2) —the reason the day is not included in the period.
(sec.79A-ssec.4) If the authority fails to make the recommendation within the 6 month period mentioned in subsection (1) , it must, as soon as practicable after the period ends— prepare a written notice stating— the reasons for the authority’s failure; and details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and publish the notice on its website; and give a copy of the notice to— the applicant for the request; and if the request was not made by the Minister—the Minister.
- (a) if the authority conducts an investigation for making the recommendation and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation, a day in the period— (i) starting on the day the notice is given to the person; and (ii) ending on the day the person complies with the notice;
- (i) starting on the day the notice is given to the person; and
- (ii) ending on the day the person complies with the notice;
- (b) if the authority publishes a document about the recommendation and invites persons to make submissions on the document to the authority within a stated period—a day in the period for making submissions stated by the authority.
- (i) starting on the day the notice is given to the person; and
- (ii) ending on the day the person complies with the notice;
- (a) the day the 6 month period mentioned in subsection (1) started or will start; and
- (b) the day the period will end; and
- (c) for a day not included in the period under subsection (2) —the reason the day is not included in the period.
- (a) prepare a written notice stating— (i) the reasons for the authority’s failure; and (ii) details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and
- (i) the reasons for the authority’s failure; and
- (ii) details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and
- (b) publish the notice on its website; and
- (c) give a copy of the notice to— (i) the applicant for the request; and (ii) if the request was not made by the Minister—the Minister.
- (i) the applicant for the request; and
- (ii) if the request was not made by the Minister—the Minister.
- (i) the reasons for the authority’s failure; and
- (ii) details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and
- (i) the applicant for the request; and
- (ii) if the request was not made by the Minister—the Minister.