Competition and Consumer Act. Australia

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СКАЧАТЬ The member of the Tribunal presiding at the review may require the Commission to give assistance for the purposes of the review.

      (5A) Without limiting subsection (5), the member may, by written notice, require the Commission 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) give a copy of the notice to:

      (i) the person who applied for review; and

      (ii) the provider of the service; and

      (iii) 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.

      Tribunal’s decision

      (6) If the Commission:

      (a) accepted an access undertaking or access code; or

      (b) consented to the withdrawal or variation of an access undertaking or access code; or

      (ba) consented to the revocation or variation of a fixed principle under subsection 44ZZAAB(7); or

      (c) extended the period for which an access undertaking or access code is in operation;

      the Tribunal must, by writing, affirm or set aside the Commission’s decision.

      (7) If the Commission:

      (a) rejected an access undertaking or access code; or

      (b) refused to consent to the withdrawal or variation of an access undertaking or access code; or

      (ba) refused to consent to the revocation or variation of a fixed principle under subsection 44ZZAAB(7); or

      (c) refused to extend the period for which an access undertaking or access code is in operation;

      the Tribunal must, by writing:

      (d) affirm the Commission’s decision; or

      (e) set aside the Commission’s decision and accept the undertaking or code, consent to the withdrawal or variation of the undertaking or code, consent to the revocation or variation of the fixed principle or extend the period for which the undertaking or code is in operation.

      Subdivision F

      Register of access undertakings and access codes

      44ZZC Register of access undertakings and access codes

      (1) The Commission must maintain a public register that includes all access undertakings and access codes that have been accepted by the Commission, including those that are no longer in operation.

      (1A) For the purposes of subsection (1), if an access undertaking includes one or more fixed principles, the register must also include details of the fixed principles, including their fixed periods.

      (2) The register must include all variations of access undertakings and access codes.

      (3) The register must also include details of all extensions of the period for which an access undertaking or an access code is in operation.

      Division 6A

      Pricing principles for access disputes and access undertakings or codes

      44ZZCA Pricing principles for access disputes and access undertakings or codes

      The pricing principles relating to the price of access to a service are:

      (a) that regulated access prices should:

      (i) be set so as to generate expected revenue for a regulated service or services that is at least sufficient to meet the efficient costs of providing access to the regulated service or services; and

      (ii) include a return on investment commensurate with the regulatory and commercial risks involved; and

      (b) that the access price structures should:

      (i) allow multi-part pricing and price discrimination when it aids efficiency; and

      (ii) not allow a vertically integrated access provider to set terms and conditions that discriminate in favour of its downstream operations, except to the extent that the cost of providing access to other operators is higher; and

      (c) that access pricing regimes should provide incentives to reduce costs or otherwise improve productivity.

      Note: The Commission must have regard to the principles in making a final determination under Division 3 and in deciding whether or not to accept an access undertaking or access code under Division 6.

      Division 6B

      Overlap among determinations, registered contracts, access undertakings and Tribunal review

      44ZZCB Deferring access disputes or access undertakings

      (1) If, at a particular time, the Commission is:

      (a) arbitrating an access dispute under Division 3 relating to one or more matters of access to a declared service; and

      (b) considering whether to accept an access undertaking relating to the service and to one or more of those matters;

      then the Commission may, by notice in writing, decide to:

      (c) defer arbitrating the access dispute, in whole or in part, while it considers the access undertaking; or

      (d) defer considering whether to accept the access undertaking, in whole or in part, while it arbitrates the access dispute.

      Deferral of arbitration of access dispute

      (2) If:

      (a) the Commission defers arbitrating the access dispute; and

      (b) the Commission then accepts the access undertaking and it comes into operation;

      then the Commission must terminate the arbitration when the undertaking comes into operation, but only to the extent of the matters relating to access to the service that are dealt with in the undertaking.

      Note: The third party’s access to the service is determined under the access undertaking to the extent of the matters it deals with. If the access dispute deals with other matters, the third party’s access to the service in relation to those other matters is determined under any determination the Commission makes.

      Deferral of consideration of access undertaking

      (3) If:

      (a) the Commission defers considering whether to accept the access undertaking; СКАЧАТЬ