Competition and Consumer Act. Australia
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Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
(6) If the Commission does not publish under section 44ZZBE an access undertaking decision or an access code decision within the expected period, it is taken, immediately after the end of the expected period, to have:
(a) made a decision to not accept the application; and
(b) published its decision under section 44ZZBE and its reasons for that decision.
44ZZBCA 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 a kind specified in the notice that the Commission considers may be relevant to making a decision on an access undertaking application or an access code application.
(2) The Commission must:
(a) give a copy of the notice to:
(i) in the case of an access undertaking application — the provider of the service (unless the provider is the person); and
(ii) in the case of an access code application — the industry body that gave the application to the Commission (unless the body is the person); and
(b) publish, by electronic or other means, the notice.
(3) In making a determination, 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.
44ZZBD Commission may invite public submissions
Invitation
(1) The Commission may publish, by electronic or other means, a notice inviting public submissions on an access undertaking application or an access code application if it considers that it is appropriate and practicable to do so.
(2) The notice must specify how submissions may be made and the day by which submissions may be made (which must be at least 14 days after the day the notice is published).
Consideration of submissions
(3) Subject to subsection (6), in making its decision on the application, the Commission:
(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.
Commission may make submissions publicly available
(4) The Commission 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 Commission:
(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 44ZZBE;
because of the confidential commercial information contained in the submission.
(6) If the Commission refuses such a request:
(a) for a written submission — the Commission 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 Commission that the person withdraws the whole or the part of it; and
(c) if the Commission returns the whole or the part of the submission, or the person withdraws the whole or the part of the submission, the Commission 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 44ZZBE; and
(iii) have regard to the whole or the part of the submission in making its decision on the application.
44ZZBE Commission must publish its decisions
(1) The Commission must publish, by electronic or other means, an access undertaking decision or an access code decision and its reasons for the decision.
(2) The Commission must give a copy of the publication to:
(a) for an access undertaking decision — the provider of the service; or
(b) for an access code decision — the industry body or its replacement.
Consultation
(3) Before publishing under subsection (1), the Commission may give any one or more of the following persons:
(a) for an access undertaking decision — the provider of the service;
(b) for an access code decision — the industry body or its replacement;
(c) in any case — any other person the Commission considers appropriate;
a notice in writing:
(d) specifying what the Commission is proposing to publish; and
(e) inviting the person to make a written submission to the Commission 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 Commission must have regard to any submission so made in deciding what to publish. It may have regard to any other matter it considers relevant.
Subdivision E
Review of decisions
44ZZBF Review of decisions
Application
(1) A person whose interests are affected by an access undertaking decision or an access code decision may apply in writing to the Tribunal for review of the decision.
(2) The person must apply for review within 21 days after the Commission publishes its decision.
Review
(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 Commission (other than the power to propose amendments under section 44ZZAAA).
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