Commonwealth Consolidated Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 - SECT 93O

[Criteria]

             (1)  Subject to subsection (2) and sections 93P and 93PA, the DAA must issue the certificate if:

                     (a)  in any case--the DAA is satisfied that:

                              (i)  the proposed borrowing is an infrastructure borrowing; and

                             (ii)  the dates specified in the application in accordance with subsection 93N(3) are reasonable; and

                     (b)  in the case of an indirect infrastructure borrowing where a certificate is not in force in relation to the other borrowing mentioned in subparagraph 93G(b)(i)--the DAA decides to issue such a certificate at the same time as it issues the certificate in relation to the indirect infrastructure borrowing.

[Laws restricting competition]

             (2)  If:

                     (a)  the borrowing is a direct infrastructure borrowing; and

                     (b)  there is in force, at the time at which the DAA proposes to issue the certificate in relation to the borrowing, a law that the DAA is satisfied will prohibit or restrict the operation of other facilities in competition with the infrastructure facilities concerned;

the DAA must not issue the certificate.