Competition and Consumer Act - Australia

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to the service to be provided by means of the proposed facility.

      (6) If the designated Minister does not publish under section 44LH his or her decision on the ineligibility recommendation within the period starting at the start of the day the recommendation is received and ending at the end of 60 days after that day:

      (a) the designated Minister is taken, immediately after the end of that 60-day period, to have made a decision under subsection (1) in accordance with the ineligibility recommendation and to have published that decision under section 44LH; and

      (b) if the Council recommended that the designated Minister decide that the service be ineligible to be a declared service — the period for which the decision is in force is taken to be the period recommended by the Council.

      (7) A decision of the designated Minister under subsection (1) is not a legislative instrument.

      44LH Designated Minister must publish his or her decision

      (1) The designated Minister must publish, by electronic or other means, his or her decision on an ineligibility recommendation and his or her reasons for the decision.

      (2) The designated Minister must give a copy of the publication to the person who made the application under section 44LB.

      Consultation

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

      (a) the person who made the application under section 44LB;

      (b) any other person the designated Minister considers appropriate;

      a notice in writing:

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

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Minister within 14 days after the day the notice is given identifying any information the person considers should not be published because of its confidential commercial nature.

      (4) The designated 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 D

      Revocation of ineligibility decision

      44LI Revocation of ineligibility decision

      Council may recommend revocation if facility materially different or upon request

      (1) The Council may recommend to the designated Minister that the designated Minister revoke his or her decision (the ineligibility decision) that a service is ineligible to be a declared service. The Council must have regard to the objects of this Part in making its recommendation.

      (2) The Council cannot recommend that a decision be revoked unless:

      (a) it is satisfied that, at the time of the recommendation, the facility that is (or will be) used to provide the service concerned is so materially different from the proposed facility described in the application made under section 44LB that the Council is satisfied of all of the matters mentioned in subsection 44G(2) in relation to the service; or

      (b) the person who is, or expects to be, the provider of the service that is provided, or that is proposed to be provided, by means of the facility requests that it be revoked.

      Minister must decide whether to revoke

      (3) On receiving a recommendation that the designated Minister revoke the ineligibility decision, the designated Minister must either revoke the ineligibility decision or decide not to revoke the ineligibility decision.

      (4) The designated Minister must have regard to the objects of this Part in making his or her decision.

      Minister must publish decision

      (5) The designated Minister must publish, by electronic or other means, the decision to revoke or not to revoke the ineligibility decision.

      (6) If the designated Minister decides not to revoke the ineligibility decision, the designated Minister must give reasons for the decision to the person who is, or expects to be, the provider of the service concerned when the designated Minister publishes the decision.

      Deemed decision of Minister

      (7) If the designated Minister does not publish his or her decision to revoke or not to revoke the ineligibility decision within the period starting at the start of the day the recommendation to revoke the ineligibility decision is received and ending at the end of 60 days after that day, the designated Minister is taken, immediately after the end of that 60-day period:

      (a) to have made a decision (the deemed decision) under subsection (3) that the ineligibility decision be revoked; and

      (b) to have published the deemed decision under subsection (5).

      Limits on when a revocation can be made

      (8) The designated Minister cannot revoke the ineligibility decision without receiving a recommendation from the Council that the ineligibility decision be revoked.

      When a revocation comes into operation

      (9) If the designated Minister revokes the ineligibility decision, the revocation comes into operation at:

      (a) if, within 21 days after the designated Minister publishes his or her 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.

      Decision is not a legislative instrument

      (10) A decision of the designated Minister under subsection (3) is not a legislative instrument.

      Subdivision E

      Review of decisions

      44LJ Review of ineligibility decisions

      Application for review

      (1) A person whose interests are affected by a decision of the designated Minister under subsection 44LG(1) may apply in writing to the Tribunal for a review of the decision.

      (2) An application for review must be made within 21 days after publication of the designated 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 designated Minister.

      Council to provide assistance

      (5) The member of the Tribunal presiding at the review may require the Council to give assistance for the purposes of the review.

      (6) 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.

      (7) The Tribunal must:

      (a) give a copy of the notice to:

      (i) the person who applied for review; and

      (ii) the person who is, or expects to be, 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

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