Competition and Consumer Act - Australia

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interests of providers who might give undertakings in accordance with the code;

      (b) the public interest, including the public interest in having competition in markets (whether or not in Australia);

      (c) the interests of persons who might want access to the service covered by the code;

      (e) any matters specified in regulations made for the purposes of this subsection;

      (f) any other matters that the Commission thinks are relevant.

      (3A) The Commission must not accept the code if a decision of the Commonwealth Minister is in force under section 44N that a regime established by a State or Territory for access to the service is an effective access regime.

      (6) The industry body may:

      (a) withdraw the code given under subsection (1) at any time before the Commission makes a decision whether to accept the code; and

      (b) withdraw or vary the code at any time after it has been accepted by the Commission, but only with the consent of the Commission.

      The Commission may consent to a variation of the code if it thinks it appropriate to do so having regard to the matters in subsection (3).

      Note: The Commission may rely on industry body consultations before giving its consent: see section 44ZZAB.

      (7) If the industry body that gave the code to the Commission has ceased to exist, a withdrawal or variation under subsection (6) may be made by a body or association prescribed by the regulations as a replacement for the original industry body.

      (8) In this section:

      code means a set of rules (which may be in general terms or detailed terms).

      industry body means a body or association (including a body or association established by a law of a State or Territory) prescribed by the regulations for the purposes of this section.

      Note 1: There are time limits that apply to a decision of the Commission under this section: see section 44ZZBC.

      Note 2: The Commission may request information and invite public submissions in relation to its decision: see sections 44ZZBCA and 44ZZBD.

      Note 3: The Commission must publish its decision: see section 44ZZBE.

      44ZZAB Commission may rely on industry body consultations

      (1) The Commission may accept a code if the industry body has done the following before giving the code to the Commission under subsection 44ZZAA(1):

      (a) published the code or a draft of the code and invited people to make submissions to the industry body on the code or draft;

      (b) specified the effect of this subsection and subsection (2) when it published the code or draft;

      (c) considered any submissions that were received within the time limit specified by the industry body when it published the code or draft.

      (2) In deciding whether to accept the code, the Commission may consider any submission referred to in paragraph (1)(c).

      (3) Before consenting to a variation or withdrawal of a code under subsection 44ZZAA(6), the Commission may rely on:

      (a) publication of the variation or notice of the withdrawal by the industry body, including specification of the effect of this subsection and subsection (4); and

      (b) consideration by the industry body of any submissions that were received within the time limit specified by the industry body when it published the variation or notice.

      (4) In deciding whether to consent to the variation or withdrawal, the Commission may consider any submission referred to in paragraph (3)(b).

      (5) In this section:

      code has the same meaning as it has in section 44ZZAA.

      industry body has the same meaning as it has in section 44ZZAA.

      Subdivision B

      Effect of access undertakings and access codes

      44ZZBA When access undertakings and access codes come into operation

      Acceptance of access undertakings or access codes

      (1) If the Commission accepts an access undertaking or an access code, it comes into operation at:

      (a) if, within 21 days after the Commission publishes its 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.

      (2) If the Tribunal decides under paragraph 44ZZBF(7)(e) to accept an access undertaking or access code, it comes into operation at the time of the Tribunal’s decision.

      (3) An access undertaking or access code continues in operation until its expiry date, unless it is earlier withdrawn.

      Note: The period for which an access undertaking or access code is in operation may be extended: see section 44ZZBB.

      Withdrawal or variation of access undertakings or access codes

      (4) If the Commission consents to the withdrawal or variation of an access undertaking or an access code, the withdrawal or variation comes into operation at:

      (a) if, within 21 days after the Commission publishes its 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.

      (5) If the Tribunal decides under paragraph 44ZZBF(7)(e) to consent to the withdrawal or variation of an access undertaking or access code, the withdrawal or variation comes into operation at the time of the Tribunal’s decision.

      Revocation or variation of fixed principles in access undertakings

      (6) If the Commission consents to the revocation or variation of a fixed principle that is included as a term of an access undertaking under subsection 44ZZAAB(7), the revocation or variation comes into operation at:

      (a) if, within 21 days after the Commission publishes its 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.

      (7) If the Tribunal decides under paragraph 44ZZBF(7)(e) to consent to the revocation or variation of a fixed principle that is included as term of an access undertaking, the revocation or variation comes into operation at the time of the Tribunal’s decision.

      Subdivision C

      Extensions of access undertakings and access codes

      44ZZBB Extensions of access undertakings and access codes

      Access undertakings

      (1) If an access undertaking is in operation under section 44ZZBA (including as a result of an extension under this section), the provider of the service may apply in writing to the Commission for an extension of the period for which it is in operation.

      Note: The Commission may extend the period for which the undertaking is in operation more than once: see subsection (8). This means there may be multiple applications under this subsection.

      (2) The provider of the service must specify in the application a proposed extension period.

      (3) The Commission may, by notice in writing, extend the period for which the undertaking is in operation

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