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 not come into operation until a notice setting out the terms of the order is given to the Council.

      (6) 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)):

      (a) is subject to such conditions as are specified in the order; and

      (b) has effect until:

      (i) if a period for the operation of the order is specified in the order — the expiration of that period or, if the application for review is decided by the Tribunal before the expiration of that period, the decision of the Tribunal on the application for review comes into operation; or

      (ii) if no period is so specified — the decision of the Tribunal on the application for review comes into operation.

      44KB Tribunal may order costs be awarded

      (1) If the Tribunal is satisfied that it is appropriate to do so, the Tribunal may order that a person who has been made a party to proceedings for a review of a declaration under section 44K pay all or a specified part of the costs of another person who has been made a party to the proceedings.

      (2) However, the Tribunal must not make an order requiring the designated Minister to pay some or all of the costs of another party to proceedings unless the Tribunal considers that the designated Minister’s conduct in the proceedings was engaged in without due regard to:

      (a) the costs that would be incurred by the other party to the proceedings as a result of that conduct; or

      (b) the time required by the Tribunal to make a decision on the review as a result of that conduct; or

      (c) the time required by the other party to prepare their case for the purposes of the review as a result of that conduct; or

      (d) the submissions or arguments made during the proceedings to the Tribunal by the other party or parties to the proceedings or by the Council.

      (3) If the Tribunal makes an order under subsection (1), it may make further orders that it considers appropriate in relation to the assessment or taxation of the costs.

      (4) The regulations may make provision for and in relation to fees payable for the assessment or taxation of costs ordered by the Tribunal to be paid.

      (5) If a party (the first party) is ordered to pay some or all of the costs of another party under subsection (1), the amount of the costs may be recovered in the Federal Court as a debt due by the first party to the other party.

      44L Review of decision not to revoke a declaration

      (1) If the designated Minister decides not to revoke a declaration, the provider may apply in writing to the Tribunal for review of the decision.

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

      (3) 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).

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

      (5) The member of the Tribunal presiding at the review may require the Council to give assistance for the purposes of the review.

      (5A) Without limiting subsection (5), 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.

      (5B) The Tribunal must:

      (a) give a copy of the notice to:

      (i) the person who applied for review; and

      (ii) 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.

      (6) The Tribunal may either:

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

      (b) set aside the designated Minister’s decision and revoke the declaration.

      Division 2AA

      Services that are ineligible to be declared

      Subdivision A

      Scope of Division

      44LA Constitutional limits on operation of this Division

      This Division does not apply in relation to a service unless:

      (a) the person who is, or expects to be, the provider of the service is a corporation (or a partnership or joint venture consisting wholly of corporations); or

      (b) access to the service is (or would be) in the course of, or for the purposes of, constitutional trade or commerce.

      Subdivision B

      Ineligibility recommendation by Council

      44LB Ineligibility recommendation

      Person may request recommendation

      (1) A person with a material interest in a particular service proposed to be provided by means of a proposed facility may make a written application to the Council asking the Council to recommend that the designated Minister decide that the service is ineligible to be a declared service.

      Note: The application must be made before construction of the facility commences: see the definition of proposed facility in section 44B.

      Council must make recommendation

      (2) After receiving the application, the Council must, after having regard to the objects of this Part:

      (a) recommend to the designated Minister:

      (i) that he or she decide that the service is ineligible to be a declared service; and

      (ii) the period for which the decision should be in force (which must be at least 20 years); or

      (b) recommend to the designated Minister that he or she decide that the service is not ineligible to be a declared service.

      Note 1: There are time limits that apply to the Council’s recommendation: see section 44LD.

      Note 2: The Council may request information and invite public submissions on the application: see sections 44LC and 44LE.

      Note 3: The Council must publish its recommendation: see section 44LF.

      Limits СКАЧАТЬ