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COMPETITION AND CONSUMER ACT 2010 - SECT 44LG

Designated Minister's decision on ineligibility

             (1)  On receiving an ineligibility recommendation, the designated Minister must:

                     (a)  decide:

                              (i)  that the service is ineligible to be a declared service; and

                             (ii)  the period for which the decision is in force (which must be at least 20 years); or

                     (b)  decide that the service is not ineligible to be a declared service.

Note:          The designated Minister must publish his or her decision: see section 44LH.

             (2)  The designated Minister must have regard to the objects of this Part in making his or her decision.

             (3)  The designated Minister may decide that the service is ineligible to be a declared service even if the service is the subject of an access undertaking in operation under Division 6.

             (4)  The designated Minister may decide that the service is ineligible to be a declared service even if:

                     (a)  the service is proposed to be provided by means of a facility specified under paragraph 44PA(2)(a); and

                     (b)  a decision of the Commission is in force under subsection 44PA(3) approving a tender process, for the construction and operation of the facility, as a competitive tender process.

             (5)  The designated Minister must not decide that the service is ineligible to be a declared service unless he or she is satisfied of both of the following matters:

                     (a)  that the service is to be provided by means of the proposed facility when constructed;

                     (b)  that he or she is not satisfied of at least one of the matters referred to in subsection 44H(4) in relation to the service to be provided by means of the proposed facility.

             (6)  If the designated Minister does not publish under section 44LH his or her decision on the ineligibility recommendation within the period starting at the start of the day the recommendation is received and ending at the end of 60 days after that day:

                     (a)  the designated Minister is taken, immediately after the end of that 60-day period, to have made a decision under subsection (1) in accordance with the ineligibility recommendation and to have published that decision under section 44LH; and

                     (b)  if the Council recommended that the designated Minister decide that the service be ineligible to be a declared service--the period for which the decision is in force is taken to be the period recommended by the Council.

             (7)  A decision of the designated Minister under subsection (1) is not a legislative instrument.



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