Competition and Consumer Act. Australia
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Название: Competition and Consumer Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392085088

isbn:

СКАЧАТЬ the operation or enforcement of any determination made in the arbitration of an access dispute that was notified before the expiry or revocation.

      44J Revocation of declaration

      (1) The Council may recommend to the designated Minister that a declaration be revoked. The Council must have regard to the objects of this Part in making its decision.

      (2) The Council cannot recommend revocation of a declaration unless it is satisfied that, at the time of the recommendation, subsection 44H(4) would prevent the designated Minister from declaring the service concerned.

      (3) On receiving a revocation recommendation, the designated Minister must either revoke the declaration or decide not to revoke the declaration.

      (3A) The designated Minister must have regard to the objects of this Part in making his or her decision.

      (4) The designated Minister must publish the decision to revoke or not to revoke.

      (5) If the designated Minister decides not to revoke, the designated Minister must give reasons for the decision to the provider of the declared service when the designated Minister publishes the decision.

      (6) The designated Minister cannot revoke a declaration without receiving a revocation recommendation.

      (7) If the designated Minister does not publish under subsection (4) his or her decision on the revocation recommendation 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, the designated Minister is taken, immediately after the end of that 60-day period:

      (a) to have made a decision that the declaration be revoked; and

      (b) to have published that decision in accordance with this section.

      44K Review of declaration

      (1) If the designated Minister declares a service, the provider may apply in writing to the Tribunal for review of the declaration.

      (2) If the designated Minister decides not to declare a service, an application in writing for review of the designated Minister’s decision may be made by the person who applied for the declaration recommendation.

      (3) An application for review must be made within 21 days after publication of the designated Minister’s decision.

      (4) The review by the Tribunal is a re-consideration of the matter based on the information, reports and things referred to in section 44ZZOAA.

      Note: There are limits on the information to which the Tribunal may have regard (see section 44ZZOAA) and time limits that apply to the Tribunal’s decision on the review (see section 44ZZOA).

      (5) For the purposes of the review, the Tribunal has the same powers as the designated Minister.

      (6) The member of the Tribunal presiding at the review may require the Council to give assistance for the purposes of the review (including for the purposes of deciding whether to make an order under section 44KA).

      (6A) Without limiting subsection (6), the member may, by written notice, require the Council to give information, and to make reports, of a kind specified in the notice, within the period specified in the notice, for the purposes of the review.

      (6B) The Tribunal must:

      (a) give a copy of the notice to:

      (i) the person who applied for review; and

      (ii) the provider of the service; and

      (iii) the person who applied for the declaration recommendation; and

      (iv) any other person who has been made a party to the proceedings for review by the Tribunal; and

      (b) publish, by electronic or other means, the notice.

      (7) If the designated Minister declared the service, the Tribunal may affirm, vary or set aside the declaration.

      (8) If the designated Minister decided not to declare the service, the Tribunal may either:

      (a) affirm the designated Minister’s decision; or

      (b) set aside the designated Minister’s decision and declare the service in question.

      (9) A declaration, or varied declaration, made by the Tribunal is to be taken to be a declaration by the designated Minister for all purposes of this Part (except this section).

      44KA Tribunal may stay operation of declaration

      (1) Subject to this section, an application for review of a declaration under subsection 44K(1) does not:

      (a) affect the operation of the declaration; or

      (b) prevent the taking of steps in reliance on the declaration.

      (2) On application by a person who has been made a party to the proceedings for review of a declaration, the Tribunal may:

      (a) make an order staying, or otherwise affecting the operation or the taking of steps in reliance on, the declaration if the Tribunal considers that:

      (i) it is desirable to make the order after taking into account the interests of any person who may be affected by the review; and

      (ii) the order is appropriate for the purpose of securing the effectiveness of the hearing and determination of the application for review; or

      (b) make an order varying or revoking an order made under paragraph (a) (including an order that has previously been varied on one or more occasions under this paragraph).

      (3) Subject to subsection (4), the Tribunal must not:

      (a) make an order under subsection (2) unless the Council has been given a reasonable opportunity to make a submission to the Tribunal in relation to the matter; or

      (b) make an order varying or revoking an order in force under paragraph (2)(a) (including an order that has previously been varied on one or more occasions under paragraph (2)(b)) unless:

      (i) the Council; and

      (ii) the person who requested the making of the order under paragraph (2)(a); and

      (iii) if the order under paragraph (2)(a) has previously been varied by an order or orders under paragraph (2)(b) — the person or persons who requested the making of the last-mentioned order or orders;

      have been given a reasonable opportunity to make submissions to the Tribunal in relation to the matter.

      (4) Subsection (3) does not prohibit the Tribunal from making an order without giving to a person referred to in that subsection a reasonable opportunity to make a submission to the Tribunal in relation to a matter if the Tribunal is satisfied that, by reason of the urgency of the case or otherwise, it is not practicable to give that person such an opportunity.

      (5) If an order is made under subsection (3) without giving the Council a reasonable opportunity to make a submission to the Tribunal in relation to a matter, СКАЧАТЬ