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COMPETITION AND CONSUMER ACT 2010 - SECT 44PC

Revocation of approval decision

Discretionary revocation

             (1)  The Commission may, by writing, revoke a decision to approve a tender process as a competitive tender process if it is satisfied that the assessment of the tenders was not in accordance with that process.

Note 1:       The Commission may invite public submissions on any proposed revocation decision: see section 44PE.

Note 2:       The Commission must publish its decision: see section 44PF.

             (2)  The Commission may, by writing, revoke a decision to approve a tender process as a competitive tender process if it is satisfied that the provider of a service:

                     (a)  specified under paragraph 44PA(2)(a); and

                     (b)  being provided by means of the facility concerned;

is not complying with the terms and conditions of access to the service.

Note 1:       The Commission may invite public submissions on any proposed revocation decision: see section 44PE.

Note 2:       The Commission must publish its decision: see section 44PF.

             (3)  Before making a decision under subsection (2), the Commission must give the applicant under subsection 44PA(1), and the provider of the service, a written notice:

                     (a)  stating that the Commission is proposing to make such a decision and the reasons for it; and

                     (b)  inviting the person to make a written submission to the Commission on the proposal; and

                     (c)  stating that any submission must be made within the period of 40 business days after the notice is given.

             (4)  The Commission must consider any written submission received within that period.

Mandatory revocation

             (5)  If:

                     (a)  the Commission approves a tender process as a competitive tender process; and

                     (b)  the Commission gives the applicant a notice under subsection 44PB(1) or (3); and

                     (c)  the applicant does not comply with the notice within the period of 40 business days beginning on the day on which the notice is given;

the Commission must, by writing, revoke the approval decision at the end of that period. The Commission must give notice of the revocation to the applicant.

Definition

             (6)  In this section:

"business day " means a day that is not a Saturday, a Sunday, or a public holiday in the Australian Capital Territory.



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