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Competition and Consumer Act 2010 (Cth)

Section 29O
Annual report

 

The provision

An annual report prepared by the Council President and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include details of the following:

(a) the time taken by the Council to make a recommendation on any application under section 44F, 44M, 44NA or 44NBA (about access regime applications under Part IIIA);

(b) any court or Tribunal decision interpreting:

(i) paragraph (f) of the definition of service in section 44B (which is an exclusion to do with production processes); or

(ii) section 44CA (about declaration criteria for services under Part IIIA);

(c) any matter the Council considers has impeded the operation of Part IIIA from delivering efficient access outcomes;

(d) any evidence of the benefits arising from determinations of the Commission under section 44V (about arbitration determinations under Part IIIA);

(e) any evidence of the costs of, or the disincentives for, investment in the infrastructure by which declared services (within the meaning of Part IIIA) are provided;

(f) any implications for the operation of Part IIIA in the future.

 

Legislative history

Amended by Competition and Consumer Amendment (Competition Policy Reform) Act 2017 (Act 114 of 2017)

Paragraph 29O(a)

Omit “or 44NA”, substitute “, 44NA or 44NBA”.

Subparagraph 29O(b)(ii)

Repeal the subparagraph, substitute:

(ii) section 44CA (about declaration criteria for services
under Part IIIA);

Note: This Division only commences if Schedule 2 to the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 has already commenced.

 

Commentary

Forthcoming