INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SECT 24GB
Complaints about competitive neutrality
INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SECT 24GB
Complaints about competitive neutrality
24GB Complaints about competitive neutrality
(1) The Minister may refer to the Tribunal, for investigation and report, a
complaint about a public trading agency with respect to--
(a) a failure of the
agency to comply with competitive neutrality principles in relation to any or
all of its public trading activities, or
(b) the inappropriate manner in
which competitive neutrality principles are applied by or to the agency in
relation to any or all of its public trading activities.
(2) The Minister is
not to refer a complaint to the Tribunal unless satisfied--
(a) that the
complaint relates to any or all of the public trading activities of the
agency, and
(b) that the complainant is able to demonstrate that a person
(the
"competitor" ) competes, or seeks to compete, in a particular market with the
public authority and is hindered or is likely to be hindered from or in doing
so by the matters complained of, and
(c) that the competitor is materially
affected by the matters complained of or is likely to be so affected, and
(d)
that the complaint has been made by the competitor or by a person or body
authorised by the competitor to make the complaint on behalf of the
competitor, and
(e) that the subject-matter of the complaint has been raised
with the agency and the complainant has reasonable grounds for not being
satisfied with the response to the complaint.
(3) The Tribunal is required to
notify the complainant, the agency, the agency's portfolio Minister and the
Treasurer of the reference and that an investigation will be conducted into
the complaint.
(4) If the Minister has referred a complaint to the Tribunal
for investigation and report, the Minister may withdraw or amend the reference
at any time before the Minister has received the report from the Tribunal.
(5) The regulations may make provision for or with respect to the manner of
making complaints for the purposes of this Part.