Competition and Consumer Act - Australia

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The Commission may give a person a written notice requesting the person give to the Commission, within a specified period, information of the kind specified in the notice that the Commission considers may be relevant to deciding whether to approve or refuse to approve a tender process under section 44PA.

      (2) The Commission must:

      (a) if the person is not the applicant — give a copy of the notice to the applicant; and

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

      (3) In deciding whether to approve or refuse to approve the tender process, 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.

      44PB Report on conduct of tender process

      Report

      (1) If the Commission approves a tender process as a competitive tender process, it must, after a tenderer is chosen, ask the applicant under subsection 44PA(1), by notice in writing, to give the Commission a written report on the conduct of the tender process.

      (2) The report must be in accordance with the regulations.

      Commission may ask for further information

      (3) After the Commission receives the report, it may ask the applicant under subsection 44PA(1), by notice in writing, to give the Commission further information in relation to the conduct of the tender process.

      Legislative Instruments Act

      (4) A report under subsection (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.

      44PC Revocation of approval decision

      Discretionary revocation

      (1) The Commission may, by writing, revoke a decision to approve a tender process as a competitive tender process if it is satisfied that the assessment of the tenders was not in accordance with that process.

      Note 1: The Commission may invite public submissions on any proposed revocation decision: see section 44PE.

      Note 2: The Commission must publish its decision: see section 44PF.

      (2) The Commission may, by writing, revoke a decision to approve a tender process as a competitive tender process if it is satisfied that the provider of a service:

      (a) specified under paragraph 44PA(2)(a); and

      (b) being provided by means of the facility concerned;

      is not complying with the terms and conditions of access to the service.

      Note 1: The Commission may invite public submissions on any proposed revocation decision: see section 44PE.

      Note 2: The Commission must publish its decision: see section 44PF.

      (3) Before making a decision under subsection (2), the Commission must give the applicant under subsection 44PA(1), and the provider of the service, a written notice:

      (a) stating that the Commission is proposing to make such a decision and the reasons for it; and

      (b) inviting the person to make a written submission to the Commission on the proposal; and

      (c) stating that any submission must be made within the period of 40 business days after the notice is given.

      (4) The Commission must consider any written submission received within that period.

      Mandatory revocation

      (5) If:

      (a) the Commission approves a tender process as a competitive tender process; and

      (b) the Commission gives the applicant a notice under subsection 44PB(1) or (3); and

      (c) the applicant does not comply with the notice within the period of 40 business days beginning on the day on which the notice is given;

      the Commission must, by writing, revoke the approval decision at the end of that period. The Commission must give notice of the revocation to the applicant.

      Definition

      (6) In this section:

      business day means a day that is not a Saturday, a Sunday, or a public holiday in the Australian Capital Territory.

      44PD Time limit for Commission decisions

      Commission to make decision within 90 days

      (1) The Commission must make a decision on an application under subsection 44PA(1) within the period of 90 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 a decision on an application under subsection 44PA(1), 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 44PAA(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 44PE(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

      (3) Despite subsection (2), do not disregard any day more than once.

      Stopping the clock by agreement

      (4) The Commission and the applicant 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 approval as a competitive tender process

      (6) If the Commission does not publish under subsection 44PF(1) its decision on the application within the expected period, it is taken, immediately after the end of the expected period, to have:

      (a) approved the tender process as a competitive tender process; and

      (b) published the decision to approve the process and its reasons for that decision; and

      (c) specified that the decision is in force for a period of 20 years, starting 21 days after the start of the day the decision is taken to have been published.

      44PE Commission may invite public submissions

      Invitation

      (1) The Commission may publish, by electronic or other means, a notice inviting public submissions:

      (a) on an application under subsection 44PA(1); or

      (b) on any proposed decision under subsection 44PC(1) or (2) to revoke a decision under subsection 44PA(3) to approve a tender process as a competitive tender process;

      if it considers that it is appropriate and practicable to do so.

      (2) The notice must specify how submissions may be made and

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