Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44X

Matters that the Commission must take into account

Final determinations

             (1)  The Commission must take the following matters into account in making a final determination:

                    (aa)  the objects of this Part;

                     (a)  the legitimate business interests of the provider, and the provider's investment in the facility;

                     (b)  the public interest, including the public interest in having competition in markets (whether or not in Australia);

                     (c)  the interests of all persons who have rights to use the service;

                     (d)  the direct costs of providing access to the service;

                     (e)  the value to the provider of extensions whose cost is borne by someone else;

                    (ea)  the value to the provider of interconnections to the facility whose cost is borne by someone else;

                      (f)  the operational and technical requirements necessary for the safe and reliable operation of the facility;

                     (g)  the economically efficient operation of the facility;

                     (h)  the pricing principles specified in section 44ZZCA.

             (2)  The Commission may take into account any other matters that it thinks are relevant.

Interim determinations

             (3)  The Commission may take the following matters into account in making an interim determination:

                     (a)  a matter referred to in subsection (1);

                     (b)  any other matter it considers relevant.

             (4)  In making an interim determination, the Commission does not have a duty to consider whether to take into account a matter referred to in subsection (1).



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