Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44D

  (1)   The Commonwealth Minister is the designated Minister unless subsection   (2), (3), (4) or (5) applies.

  (2)   In relation to declaring a service in a case where:

  (a)   the provider is a State or Territory body that has some control over the conditions for accessing the facility that is used (or is to be used) to provide the service; and

  (b)   the State or Territory concerned is a party to the Competition Principles Agreement;

the responsible Minister of the State or Territory is the designated Minister.

  (3)   In relation to revoking a declaration that was made by the responsible Minister of a State or Territory, the responsible Minister of that State or Territory is the designated Minister.

  (4)   In relation to deciding whether a service is ineligible to be a declared service in a case where:

  (a)   a person who is, or expects to be, the provider of the service is a State or Territory body that has some control over the conditions for accessing the facility that is used (or is to be used) to provide the service; and

  (b)   the State or Territory concerned is a party to the Competition Principles Agreement;

the responsible Minister of the State or Territory is the designated Minister.

  (5)   In relation to revoking a decision:

  (a)   that a service is ineligible to be a declared service; and

  (b)   that was made by the responsible Minister of a State or Territory;

the responsible Minister of that State or Territory is the designated Minister.