Competition and Consumer Act - Australia

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for an oral submission — the person who made it may inform the Commission that the person withdraws the whole or the part of it; and

      (c) if the Commission returns the whole or the part of the submission, or the person withdraws the whole or the part of the submission, the Commission must not:

      (i) make the whole or the part of the submission available under subsection (4); and

      (ii) publish or make available the whole or the part of the submission under section 44ZZBE; and

      (iii) have regard to the whole or the part of the submission in making its decision on the application.

      44ZZBE Commission must publish its decisions

      (1) The Commission must publish, by electronic or other means, an access undertaking decision or an access code decision and its reasons for the decision.

      (2) The Commission must give a copy of the publication to:

      (a) for an access undertaking decision — the provider of the service; or

      (b) for an access code decision — the industry body or its replacement.

      Consultation

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

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

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

      (c) in any case — any other person the Commission considers appropriate;

      a notice in writing:

      (d) specifying what the Commission is proposing to publish; and

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to the Commission within 14 days after the notice is given identifying any information the person considers should not be published because of its confidential commercial nature.

      (4) The Commission must have regard to any submission so made in deciding what to publish. It may have regard to any other matter it considers relevant.

      Subdivision E

      Review of decisions

      44ZZBF Review of decisions

      Application

      (1) A person whose interests are affected by an access undertaking decision or an access code decision may apply in writing to the Tribunal for review of the decision.

      (2) The person must apply for review within 21 days after the Commission publishes its decision.

      Review

      (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 Commission (other than the power to propose amendments under section 44ZZAAA).

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

      (5A) Without limiting subsection (5), the member may, by written notice, require the Commission 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.

      (5B) The Tribunal must:

      (a) give a copy of the notice to:

      (i) the person who applied for review; and

      (ii) 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 decision

      (6) If the Commission:

      (a) accepted an access undertaking or access code; or

      (b) consented to the withdrawal or variation of an access undertaking or access code; or

      (ba) consented to the revocation or variation of a fixed principle under subsection 44ZZAAB(7); or

      (c) extended the period for which an access undertaking or access code is in operation;

      the Tribunal must, by writing, affirm or set aside the Commission’s decision.

      (7) If the Commission:

      (a) rejected an access undertaking or access code; or

      (b) refused to consent to the withdrawal or variation of an access undertaking or access code; or

      (ba) refused to consent to the revocation or variation of a fixed principle under subsection 44ZZAAB(7); or

      (c) refused to extend the period for which an access undertaking or access code is in operation;

      the Tribunal must, by writing:

      (d) affirm the Commission’s decision; or

      (e) set aside the Commission’s decision and accept the undertaking or code, consent to the withdrawal or variation of the undertaking or code, consent to the revocation or variation of the fixed principle or extend the period for which the undertaking or code is in operation.

      Subdivision F

      Register of access undertakings and access codes

      44ZZC Register of access undertakings and access codes

      (1) The Commission must maintain a public register that includes all access undertakings and access codes that have been accepted by the Commission, including those that are no longer in operation.

      (1A) For the purposes of subsection (1), if an access undertaking includes one or more fixed principles, the register must also include details of the fixed principles, including their fixed periods.

      (2) The register must include all variations of access undertakings and access codes.

      (3) The register must also include details of all extensions of the period for which an access undertaking or an access code is in operation.

      Division 6A

      Pricing principles for access disputes and access undertakings or codes

      44ZZCA Pricing principles for access disputes and access undertakings or codes

      The pricing principles relating to the price of access to a service are:

      (a) that regulated access prices should:

      (i) be set so as to generate expected revenue for a regulated service or services that is at least sufficient to meet the efficient costs of providing access to the regulated service or services; and

      (ii) include a return on investment commensurate with the regulatory and commercial risks involved; and

      (b) that the access price structures should:

      (i) allow multi-part pricing and price discrimination when it aids efficiency; and

      (ii) not allow a vertically integrated access provider to set terms and conditions that discriminate in favour of its downstream operations, except to the extent that the cost of providing access to other operators is higher; and

      (c) that access pricing regimes should provide incentives to reduce costs or otherwise improve productivity.

      Note: The Commission

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