Competition and Consumer Act - Australia

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— the applicant; and

      (ii) if the person is not the provider of the service — the provider; and

      (b) publish, by electronic or other means, the notice.

      (3) In deciding what recommendation to make on the application, the Council:

      (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.

      Subdivision B

      Decision by Commonwealth Minister

      44N Ministerial decision on effectiveness of access regime

      (1) On receiving a recommendation under section 44M, the Commonwealth Minister must:

      (a) decide that the access regime is an effective access regime for the service or proposed service; or

      (b) decide that the access regime is not an effective access regime for the service or proposed service.

      Note: The Commonwealth Minister must publish his or her decision: see section 44NG.

      (2) In making a decision, the Commonwealth Minister:

      (a) must, subject to subsection (2A), apply the relevant principles set out in the Competition Principles Agreement; and

      (aa) must have regard to the objects of this Part; and

      (b) must, subject to section 44DA, not consider any other matters.

      (2A) In making a decision, the Commonwealth Minister must disregard Chapter 5 of a National Gas Law.

      (3) The decision must specify the period for which it is in force.

      Note: The period for which the decision is in force may be extended: see section 44NB.

      (4) If the Commonwealth Minister does not publish under section 44NG his or her decision on a recommendation under section 44M 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 Commonwealth Minister is taken, immediately after the end of that 60-day period:

      (i) to have made a decision under subsection (1) in accordance with the recommendation made by the Council under section 44M; and

      (ii) to have published that decision under section 44NG; and

      (b) if the Council recommended that the Commonwealth Minister decide that the access regime is an effective access regime for the service, or proposed service — the decision is taken to be in force for the period recommended by the Council under subsection 44M(5).

      Subdivision C

      Extensions of Commonwealth Minister’s decision

      44NA Recommendation by Council

      (1) This section applies if a decision of the Commonwealth Minister is in force under section 44N (including as a result of an extension under section 44NB) that a regime established by a State or Territory for access to a service is an effective access regime.

      Application to Council

      (2) The responsible Minister for the State or Territory may make a written application to the Council asking it to recommend that the Commonwealth Minister decide to extend the period for which the decision is in force.

      Note: The Commonwealth Minister may extend the period for which the decision is in force more than once: see section 44NB. This means there may be multiple applications under this subsection.

      (3) The responsible Minister for the State or Territory may specify in the application proposed variations to the access regime.

      Assessment by Council

      (4) The Council must assess whether the access regime (including any proposed variations) is an effective access regime. It must do this in accordance with subsection 44M(4).

      (5) If the Council is satisfied that it is an effective access regime, the Council must, in writing, recommend to the Commonwealth Minister that he or she extend the period for which the decision under section 44N is in force. The Council must also recommend an extension period.

      (6) If the Council is satisfied that it is not an effective access regime, the Council must, in writing, recommend to the Commonwealth Minister that he or she not extend the period for which the decision under section 44N is in force.

      Note 1: There are time limits that apply to the Council’s recommendation: see section 44NC.

      Note 2: The Council may request information and invite public submissions on the application: see sections 44NAA and 44NE.

      Note 3: The Council must publish its recommendation: see section 44NF.

      44NAA Council may request information

      (1) The Council may give a person a written notice requesting the person give to the Council, within a specified period, information of the kind specified in the notice that the Council considers may be relevant to deciding what recommendation to make on an application under section 44NA.

      (2) The Council must:

      (a) give a copy of the notice to:

      (i) if the person is not the applicant — the applicant; and

      (ii) if the person is not the provider of the service — the provider; and

      (b) publish, by electronic or other means, the notice.

      (3) In deciding what recommendation to make on the application, the Council:

      (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.

      44NB Decision by the Commonwealth Minister

      (1) On receiving a recommendation under section 44NA, the Commonwealth Minister must assess whether the access regime (including any proposed variations) is an effective access regime. He or she must do this in accordance with subsection 44N(2).

      Note: The Commonwealth Minister must publish his or her decision: see section 44NG.

      (2) If the Commonwealth Minister is satisfied that it is, he or she must, by notice in writing, decide to extend the period for which the decision under section 44N is in force. The notice must specify the extension period.

      (3) If the Commonwealth Minister is satisfied that it is not, he or she must, by notice in writing, decide not to extend the period for which the decision under section 44N is in force.

      (3A) If the Commonwealth Minister does not publish under section 44NG his or her decision on a recommendation under section 44NA 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 Commonwealth Minister is taken, immediately after the end of that 60-day period:

      (i) to have made a decision under this section in accordance with the recommendation made by the Council under section 44NA; and

      (ii) to have published that decision under section 44NG; and

      (b) if the Council recommended that the Commonwealth Minister extend the period for which the decision under section 44N is in force — the extension period is taken to be the extension period recommended by the Council under subsection 44NA(5).

      Multiple extensions

      (4) The Commonwealth Minister may extend the period for which a decision is in force under section 44N more than

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