Competition and Consumer Act - Australia

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thinks it appropriate to do so having regard to the matters mentioned in subsection 44ZZA(3). The notice must specify the extension period.

      Access codes

      (4) If an access code is in operation under section 44ZZBA (including as a result of an extension under this section), the industry body 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 code is in operation more than once: see subsection (8). This means there may be multiple applications under this subsection.

      (5) The industry body must specify in the application a proposed extension period.

      (6) The Commission may, by notice in writing, extend the period for which the code is in operation if it thinks it appropriate to do so having regard to the matters mentioned in subsection 44ZZAA(3). The notice must specify the extension period.

      (7) If the industry body that gave the code to the Commission has ceased to exist, an application under subsection (4) may be made by a body or association referred to in subsection 44ZZAA(7).

      Multiple extensions

      (8) The Commission may extend the period for which an access undertaking or an access code is in operation more than once.

      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.

      Subdivision D

      Procedural provisions

      44ZZBC Time limit for Commission decisions

      Commission to make decision on application within 180 days

      (1) The Commission must make a decision on an access undertaking application or an access code application within the period of 180 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 an access undertaking application or an access code application, 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 44ZZBCA(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 44ZZBD(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 4 A decision is published under subsection 44ZZCB(4) deferring consideration of whether to accept the access undertaking, in whole or in part, while the Commission arbitrates an access dispute The day on which the decision is published The day on which the final determination in relation to the arbitration of the access dispute is made

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

      Stopping the clock by agreement

      (4) The Commission and:

      (a) for an access undertaking application — the provider of the service; and

      (b) for an access code application — the industry body or its replacement;

      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 final determination

      (6) If the Commission does not publish under section 44ZZBE an access undertaking decision or an access code decision within the expected period, it is taken, immediately after the end of the expected period, to have:

      (a) made a decision to not accept the application; and

      (b) published its decision under section 44ZZBE and its reasons for that decision.

      44ZZBCA Commission may request information

      (1) The Commission may give a person a written notice requesting the person give to the Commission, within a specified period, information of a kind specified in the notice that the Commission considers may be relevant to making a decision on an access undertaking application or an access code application.

      (2) The Commission must:

      (a) give a copy of the notice to:

      (i) in the case of an access undertaking application — the provider of the service (unless the provider is the person); and

      (ii) in the case of an access code application — the industry body that gave the application to the Commission (unless the body is the person); and

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

      (3) In making a determination, 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.

      44ZZBD Commission may invite public submissions

      Invitation

      (1) The Commission may publish, by electronic or other means, a notice inviting public submissions on an access undertaking application or an access code application if it considers that it is appropriate and practicable to do so.

      (2) The notice must specify how submissions may be made and the day by which submissions may be made (which must be at least 14 days after the day the notice is published).

      Consideration of submissions

      (3) Subject to subsection (6), in making its decision on the application, the Commission:

      (a) must have regard to any submission made on or before the day specified in the notice; and

      (b) may disregard any submission made after the day specified in the notice.

      Commission may make submissions publicly available

      (4) The Commission may make any written submission, or a written record (which may be a summary) of any oral submission, publicly available.

      Confidentiality

      (5) A person may, at the time of making a submission, request that the Commission:

      (a) not make the whole or a part of the submission available under subsection (4); and

      (b) not publish or make available the whole or a part of the submission under section 44ZZBE;

      because of the confidential commercial information contained in the submission.

      (6) If the Commission refuses such a request:

      (a) for a written submission — the Commission must, if the person who made it so requires, return the whole or the part of it to the person;

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