Competition and Consumer Act. Australia
Чтение книги онлайн.
Читать онлайн книгу Competition and Consumer Act - Australia страница 37
Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
(i) the person who applied for the 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 affirm, vary or reverse the Commonwealth Minister’s decision.
(7) A decision made by the Tribunal is to be taken to be a decision of the Commonwealth Minister for all purposes of this Part (except this section).
Subdivision F
State or Territory ceasing to be a party to Competition Principles Agreement
44P State or Territory ceasing to be a party to Competition Principles Agreement
If a State or Territory that has established a regime for access to a service or proposed service ceases to be a party to the Competition Principles Agreement:
(a) a decision by the Commonwealth Minister that the regime is an effective access regime ceases to be in force; and
(b) the Council, the Commonwealth Minister and the Tribunal need not take any further action relating to an application for a decision by the Commonwealth Minister that the regime is an effective access regime.
Division 2B
Competitive tender processes for government owned facilities
44PA Approval of competitive tender process
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.
Legislative Instruments Act
(7) A notice under subsection (3) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
44PAA Commission may request information
(1) The Commission may give a person a written notice requesting the person give to the Commission, within a specified period, information of the kind specified in the notice that the Commission considers may be relevant to deciding whether to approve or refuse to approve a tender process under section 44PA.
(2) The Commission must:
(a) if the person is not the applicant — give a copy of the notice to the applicant; and
(b) publish, by electronic or other means, the notice.
(3) In deciding whether to approve or refuse to approve the tender process, the Commission:
(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.
44PB Report on conduct of tender process
Report
(1) If the Commission approves a tender process as a competitive tender process, it must, after a tenderer is chosen, ask the applicant under subsection 44PA(1), by notice in writing, to give the Commission a written report on the conduct of the tender process.
(2) The report must be in accordance with the regulations.
Commission may ask for further information
(3) After the Commission receives the report, it may ask the applicant under subsection 44PA(1), by notice in writing, to give the Commission further information in relation to the conduct of the tender process.
Legislative Instruments Act
(4) A report under subsection (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
44PC Revocation of approval decision
Discretionary revocation
(1) The Commission may, by writing, revoke a decision to approve a tender process as a competitive tender process if it is satisfied that the assessment of the tenders was not in accordance with that process.
Note 1: The Commission may invite public submissions on any proposed revocation decision: see section 44PE.
Note 2: The Commission СКАЧАТЬ