Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44F

Person may request recommendation

             (1)  The designated Minister, or any other person, may make a written application to the Council asking the Council to recommend that a particular service be declared.

             (2)  After receiving the application, the Council:

                     (a)  must tell the provider of the service that the Council has received the application, unless the provider is the applicant; and

                     (b)  must, after having regard to the objects of this Part, recommend to the designated Minister:

                              (i)  that the service be declared, with the expiry date specified in the recommendation; or

                             (ii)  that the service not be declared.

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

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

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

             (3)  If the applicant is a person other than the designated Minister, the Council may recommend that the service not be declared if the Council thinks that the application was not made in good faith. This subsection does not limit the grounds on which the Council may decide to recommend that the service not be declared.

             (4)  In deciding what recommendation to make, the Council must consider whether it would be economical for anyone to develop another facility that could provide part of the service. This subsection does not limit the grounds on which the Council may decide to recommend that the service be declared or not be declared.

             (5)  The applicant may withdraw the application at any time before the Council makes a recommendation relating to it.

             (6)  The applicant may request, in writing, the Council to vary the application at any time before the Council makes a recommendation relating to it.

             (7)  If a request is made under subsection (6), the Council must decide to:

                     (a)  make the variation; or

                     (b)  reject the variation.

             (8)  An instrument making a decision under subsection (7) is not a legislative instrument.

             (9)  The Council may reject the variation if it is satisfied that the requested variation is of a kind, or the request for the variation is made at a time or in a manner, that:

                     (a)  would unduly prejudice the provider (if the provider is not the applicant) or anyone else the Council considers has a material interest in the application; or

                     (b)  would unduly delay the process for considering the application.



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