Competition and Consumer Act. Australia

Чтение книги онлайн.

СКАЧАТЬ Subject to subsection (6), in deciding what recommendation to make on the application, the Council:

      (a) must have regard to any submission made on or before the day specified in the notice; and

      (b) may disregard any submission made after the day specified in the notice.

      Council may make submissions publicly available

      (4) The Council may make any written submission, or a written record (which may be a summary) of any oral submission, publicly available.

      Confidentiality

      (5) A person may, at the time of making a submission, request that the Council:

      (a) not make the whole or a part of the submission available under subsection (4); and

      (b) not publish or make available the whole or a part of the submission under section 44NF;

      because of the confidential commercial information contained in the submission.

      (6) If the Council refuses such a request:

      (a) for a written submission — the Council must, if the person who made it so requires, return the whole or the part of it to the person; and

      (b) for an oral submission — the person who made it may inform the Council that the person withdraws the whole or the part of it; and

      (c) if the Council returns the whole or the part of the submission, or the person withdraws the whole or the part of the submission, the Council must not:

      (i) make the whole or the part of the submission available under subsection (4); and

      (ii) publish or make available the whole or the part of the submission under section 44NF; and

      (iii) have regard to the whole or the part of the submission in making its recommendation on the application.

      44NF Publication — Council

      (1) The Council must publish, by electronic or other means, a recommendation under section 44M or 44NA and its reasons for the recommendation.

      (2) The Council must give a copy of the publication to:

      (a) the applicant under section 44M or 44NA; and

      (b) the provider of the service.

      Timing

      (3) The Council must do the things under subsections (1) and (2) on the day the Commonwealth Minister publishes his or her decision on the recommendation or as soon as practicable after that day.

      Consultation

      (4) Before publishing under subsection (1), the Council may give any one or more of the following persons:

      (a) the applicant under section 44M or 44NA;

      (b) the provider of the service;

      (c) any other person the Council considers appropriate;

      a notice in writing:

      (d) specifying what the Council is proposing to publish; and

      (e) inviting the person to make a written submission to the Council within 14 days after the notice is given identifying any information the person considers should not be published because of its confidential commercial nature.

      (5) The Council must have regard to any submission so made in deciding what to publish. It may have regard to any other matter it considers relevant.

      44NG Publication — Commonwealth Minister

      (1) The Commonwealth Minister must publish, by electronic or other means, his or her decision on a recommendation under section 44M or 44NA and his or her reasons for the decision.

      (2) The Commonwealth Minister must give a copy of the publication to:

      (a) the applicant under section 44M or 44NA; and

      (b) the provider of the service.

      Consultation

      (3) Before publishing under subsection (1), the Commonwealth Minister may give any one or more of the following persons:

      (a) the applicant under section 44M or 44NA;

      (b) the provider of the service;

      (c) any other person the Minister considers appropriate;

      a notice in writing:

      (d) specifying what the Minister is proposing to publish; and

      (e) inviting the person to make a written submission to the Minister within 14 days after the notice is given identifying any information the person considers should not be published because of its confidential commercial nature.

      (4) The Commonwealth Minister must have regard to any submission so made in deciding what to publish. He or she may have regard to any other matter he or she considers relevant.

      Subdivision E

      Review of decisions

      44O Review of Ministerial decision on effectiveness of access regime

      (1) The responsible Minister of the State or Territory:

      (a) who applied for a recommendation under section 44M that the Commonwealth Minister decide that the access regime is an effective access regime; or

      (b) who applied for a recommendation under section 44NA that the Commonwealth Minister decide to extend the period for which the decision under section 44N is in force;

      may apply to the Tribunal for review of the Commonwealth Minister’s decision.

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

      (3) The review by the Tribunal is a reconsideration 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 Commonwealth 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) СКАЧАТЬ