Competition and Consumer Act. Australia
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Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
(3) The Council cannot recommend that the designated Minister decide that the service is ineligible to be a declared service unless it is satisfied of both of the following matters:
(a) that the service will be provided by means of the proposed facility when constructed;
(b) that it is not satisfied of at least one of the matters referred to in subsection 44G(2) in relation to the service to be provided by means of the proposed facility.
(4) If the applicant is a person other than the designated Minister, the Council may recommend that the designated Minister decide that the service is not ineligible to be a declared service if the Council thinks that the application was not made in good faith. This subsection does not limit the grounds on which the Council may decide to recommend that the designated Minister decide that the service is not ineligible to be a declared service.
Relationship between ineligibility recommendations, access undertakings and competitive tender processes
(5) The Council may recommend that the designated Minister decide that the service is ineligible to be a declared service even if the service is the subject of an access undertaking in operation under Division 6.
(6) The Council may recommend that the designated Minister decide that the service is ineligible to be a declared service even if:
(a) the service is proposed to be provided by means of a facility specified under paragraph 44PA(2)(a); and
(b) a decision of the Commission is in force under subsection 44PA(3) approving a tender process, for the construction and operation of the facility, as a competitive tender process.
Applicant may withdraw application
(7) The applicant may withdraw the application at any time before the Council makes a recommendation relating to it.
44LC Council may request information
(1) The Council may give a person a written notice requesting the person give to the Council, within a specified period, information of a kind specified in the notice that the Council considers may be relevant to deciding what recommendation to make on an application under section 44LB.
(2) The Council must:
(a) give a copy of the notice to:
(i) if the person is not the applicant — the applicant; and
(ii) if the person is not the provider, or the person who expects to be the provider — that person; and
(b) publish, by electronic or other means, the notice.
(3) In deciding what recommendation to make on the application, the Council:
(a) must have regard to any information given in compliance with a notice under subsection (1) within the specified period; and
(b) may disregard any information of the kind specified in the notice that is given after the specified period has ended.
44LD Time limit for Council recommendations
Council to make recommendation within the consideration period
(1) The Council must make a recommendation on an application under section 44LB within the consideration period.
(2) The consideration period is a period of 180 days (the expected period), starting at the start of the day the application is received, unless the consideration period is extended under subsection (7).
Stopping the clock
(3) In working out the expected period in relation to a recommendation on an application under section 44LB, in a situation referred to in column 1 of an item of the following table, disregard any day in a period:
(a) starting on the day referred to in column 2 of the item; and
(b) ending on the day referred to in column 3 of the item.
Stopping the clock Item Column 1
Situation Column 2
Start day Column 3
End day 1 An agreement is made in relation to the application under subsection (5) The first day of the period specified in the agreement The last day of the period specified in the agreement 2 A notice is given under subsection 44LC(1) requesting information in relation to the application The day on which the notice is given The last day of the period specified in the notice for the giving of the information
(4) Despite subsection (3):
(a) do not disregard any day more than once; and
(b) the total period that is disregarded under that subsection must not exceed 60 days.
Stopping the clock by agreement
(5) The Council and the applicant may agree in writing that a specified period is to be disregarded in working out the expected period.
(6) The Council must publish, by electronic or other means, the agreement.
Extension of time for making decision
(7) If the Council is unable to make a recommendation within the consideration period (whether it is the expected period or it has been previously extended under this subsection), it must, by notice in writing to the designated Minister, extend the consideration period by a specified period.
(8) The notice must:
(a) specify when the Council must now make a recommendation on the application; and
(b) include a statement explaining why the Council has been unable to make a decision on the recommendation within the consideration period.
(9) The Council must give a copy of the notice to:
(a) the applicant; and
(b) if the applicant is not the person who is, or expects to be, the provider — that person.
Publication
(10) If the Council extends the consideration period under subsection (7), it must publish a notice in a national newspaper:
(a) stating that it has done so; and
(b) specifying the day by which it must now make a recommendation on the application.
Failure to comply with time limit does not affect validity
(11) Failure by the Council to comply with a time limit set in this section does not affect the validity of a recommendation made under this section.
44LE Council may invite public submissions on the application
Invitation
(1) СКАЧАТЬ