Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44PA

Application to Commission

  (1)   The Commonwealth Minister, or the responsible Minister of a State or Territory, may make a written application to the Commission asking it to approve a tender process, for the construction and operation of a facility that is to be owned by the Commonwealth, State or Territory, as a competitive tender process.

  (2)   The application must:

  (a)   specify the service or services proposed to be provided by means of the facility; and

  (b)   be in accordance with the regulations.

Decision of Commission

  (3)   The Commission must, by notice in writing, approve or refuse to approve the tender process as a competitive tender process.

Note 1:   While a decision is in force approving a tender process as a competitive tender process, the designated Minister cannot declare any service provided by means of the facility that was specified under paragraph   (2)(a): see subsection   44H(3A).

Note 2:   There are time limits that apply to the Commission's decision: see section   44PD.

Note 3:   The Commission may request information and invite public submissions on the application: see sections   44PAA and 44PE.

Note 4:   The Commission must publish its decision: see section   44PF.

  (4)   The Commission must not approve a tender process as a competitive tender process unless:

  (a)   it is satisfied that reasonable terms and conditions of access to any service specified under paragraph   (2)(a) will be the result of the process; and

  (b)   it is satisfied that the tender process meets the requirements prescribed by the regulations.

  (4A)   The Commission may approve the tender process as a competitive tender process even if the service proposed to be provided by means of the facility is the subject of a decision by the designated Minister under section   44LG that the service is ineligible to be a declared service.

Period for which decision in force

  (5)   If the Commission approves the tender process as a competitive tender process, it may specify in the notice the period for which the decision is in force.

Note:   Section   44PC provides for revocation of the decision.

  (6)   The Commission may, by writing, extend that period by a specified period. The Commission may do so more than once.

Legislation Act 2003

  (7)   A notice under subsection   (3) is not a legislative instrument.