Competition and Consumer Act 2010 (Cth)
Ministerial decision on effectiveness of access regime
(1) On receiving a recommendation under section 44M, the Commonwealth Minister must:
(a) decide that the access regime is an effective access regime for the service or proposed service; or
(b) decide that the access regime is not an effective access regime for the service or proposed service.
Note: The Commonwealth Minister must publish his or her decision: see section 44NG.
(2) In making a decision, the Commonwealth Minister:
(a) must, subject to subsection (2A), apply the relevant principles set out in the Competition Principles Agreement; and
(aa) must have regard to the objects of this Part; and
(b) must, subject to section 44DA, not consider any other matters.
(2A) In making a decision, the Commonwealth Minister must disregard Chapter 5 of a National Gas Law.
(3) The decision must specify the period for which it is in force.
Note: The period for which the decision is in force may be extended: see section 44NB.
(4) If the Commonwealth Minister does not publish under section 44NG his or her decision on a recommendation under section 44M within the period starting at the start of the day the recommendation is received and ending at the end of 60 days after that day:
(a) the Commonwealth Minister is taken, immediately after the end of that 60 day period:
(i) to have made a decision under subsection (1) in accordance with the recommendation made by the Council under section 44M; and
(ii) to have published that decision under section 44NG; and
(b) if the Council recommended that the Commonwealth Minister decide that the access regime is an effective access regime for the service, or proposed service - the decision is taken to be in force for the period recommended by the Council under subsection 44M(5).