Competition and Consumer Act. Australia
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Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
(a) if, within 21 days after the Commission publishes its decision, no person has applied to the Tribunal for review of the decision — the end of that period; or
(b) if a person applies to the Tribunal within that period for review of the decision and the Tribunal affirms the decision — the time of the Tribunal’s decision.
(5) If the Tribunal decides under paragraph 44ZZBF(7)(e) to consent to the withdrawal or variation of an access undertaking or access code, the withdrawal or variation comes into operation at the time of the Tribunal’s decision.
Revocation or variation of fixed principles in access undertakings
(6) If the Commission consents to the revocation or variation of a fixed principle that is included as a term of an access undertaking under subsection 44ZZAAB(7), the revocation or variation comes into operation at:
(a) if, within 21 days after the Commission publishes its decision, no person has applied to the Tribunal for review of the decision — the end of that period; or
(b) if a person applies to the Tribunal within that period for review of the decision and the Tribunal affirms the decision — the time of the Tribunal’s decision.
(7) If the Tribunal decides under paragraph 44ZZBF(7)(e) to consent to the revocation or variation of a fixed principle that is included as term of an access undertaking, the revocation or variation comes into operation at the time of the Tribunal’s decision.
Subdivision C
Extensions of access undertakings and access codes
44ZZBB Extensions of access undertakings and access codes
Access undertakings
(1) If an access undertaking is in operation under section 44ZZBA (including as a result of an extension under this section), the provider of the service may apply in writing to the Commission for an extension of the period for which it is in operation.
Note: The Commission may extend the period for which the undertaking is in operation more than once: see subsection (8). This means there may be multiple applications under this subsection.
(2) The provider of the service must specify in the application a proposed extension period.
(3) The Commission may, by notice in writing, extend the period for which the undertaking is in operation if it thinks it appropriate to do so having regard to the matters mentioned in subsection 44ZZA(3). The notice must specify the extension period.
Access codes
(4) If an access code is in operation under section 44ZZBA (including as a result of an extension under this section), the industry body may apply in writing to the Commission for an extension of the period for which it is in operation.
Note: The Commission may extend the period for which the code is in operation more than once: see subsection (8). This means there may be multiple applications under this subsection.
(5) The industry body must specify in the application a proposed extension period.
(6) The Commission may, by notice in writing, extend the period for which the code is in operation if it thinks it appropriate to do so having regard to the matters mentioned in subsection 44ZZAA(3). The notice must specify the extension period.
(7) If the industry body that gave the code to the Commission has ceased to exist, an application under subsection (4) may be made by a body or association referred to in subsection 44ZZAA(7).
Multiple extensions
(8) The Commission may extend the period for which an access undertaking or an access code is in operation more than once.
Note 1: There are time limits that apply to a decision of the Commission under this section: see section 44ZZBC.
Note 2: The Commission may request information and invite public submissions in relation to its decision: see sections 44ZZBCA and 44ZZBD.
Note 3: The Commission must publish its decision: see section 44ZZBE.
Subdivision D
Procedural provisions
44ZZBC Time limit for Commission decisions
Commission to make decision on application within 180 days
(1) The Commission must make a decision on an access undertaking application or an access code application within the period of 180 days (the expected period) starting at the start of the day the application is received.
Stopping the clock
(2) In working out the expected period in relation to an access undertaking application or an access code application, 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 (4) 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 44ZZBCA(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 3 A notice is published under subsection 44ZZBD(1) inviting public submissions in relation to the application The day on which the notice is published The day specified in the notice as the day by which submissions may be made 4 A decision is published under subsection 44ZZCB(4) deferring consideration of whether to accept the access undertaking, in whole or in part, while the Commission arbitrates an access dispute The day on which the decision is published The day on which the final determination in relation to the arbitration of the access dispute is made
(3) Despite subsection (2), do not disregard any day more than once.
Stopping the clock by agreement
(4) The Commission and:
(a) for an access undertaking application — the provider of the service; and
(b) for an access code application — the industry body or its replacement;
may agree in writing that a specified period is to be disregarded in working out the expected period.
(5) The Commission must publish, by electronic or other means, the agreement.
Deemed СКАЧАТЬ