QUEENSLAND COMPETITION AUTHORITY ACT 1997 - As at 2 June 2021 - Act 25 of 1997

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

• 1 Short title
• 2 Commencement
• 3 Act binds State
• 4 Extraterritorial operation

Division 2 - Interpretation

• 5 Dictionary
6. (Repealed)

PART 2 - QUEENSLAND COMPETITION AUTHORITY

Division 1 - Establishment of authority

• 7 Establishment of authority
• 8 Legal status of authority
• 9 Authority’s relationship with State

Division 2 - Functions and powers of authority

• 10 Authority’s functions
• 11 Authority’s powers
• 12 Directions by Minister about authority’s functions
• 13 Public availability of directions

PART 3 - PRICING PRACTICES RELATING TO MONOPOLY BUSINESS ACTIVITIES

Division 1 - Application of part

• 13A What pt 3 is about
• 13B Application of part to responsible local governments consisting of 2 or more local governments
• 13C Application of part to responsible local government for giving notices
• 13D Application of part to local government entities and responsible local governments that are the same person
• 13E Application of part to local government entities and responsible local governments that are the same person for giving notices

Division 1A - Criteria for declarations of monopoly business activities

• 14 Development of criteria for government business activities
• 14A Development of criteria for non-government business activities
• 15 Revision of, and advice about, criteria
• 16 Consultation about criteria
• 17 Publication of criteria

Division 2 - Declarations of monopoly business activities

• 18 Request for declaration
• 18A Notice of requests relating to significant business activities
• 18B Requests by local government entities and responsible local governments
• 19 Declaration by Minister
• 20 Declaration by regulation
• 21 Public availability of requests
Subdivision 2 - Non-government business activities
• 21A Declaration by Minister
• 21B Declaration by regulation
• 21C Effect on declaration of change of person carrying on activity

Division 2A - Revocation of declarations made by the Minister

• 21D Recommendation to revoke
• 21E Power of authority to conduct investigation
• 21F Notice of investigation
• 21G Procedures for investigation
• 21H Revocation
• 21I Notice of decision
• 21J When revocation takes effect

Division 3 - Investigations about monopoly business activities

• 22 Meaning of price monitoring investigation
• 23 Investigations about pricing practices
• 23A Price monitoring investigations
• 24 Directions of Minister for investigation
• 25 Notice of investigation
• 26 Matters to be considered by authority for investigation
• 27 Procedures for investigations
• 28 Ending of authority’s jurisdiction for investigation

Division 4 - Reports of authority about investigations

• 29 Application of division
• 30 Authority to report to Minister
• 31 Authority to give copy of report to government agency or other person carrying on activity
• 32 Multiple reports
• 33 Contents of report
• 34 Public availability of reports
• 35 Delaying public availability of reports
• 36 Decision of Minister about particular recommendations in report—monopoly business activity that is a government business activity, other than a significant business activity
• 36A Decision of responsible local government about particular recommendations in report—monopoly business activity that is a significant business activity
• 36B Response to report of person carrying on activity—monopoly business activity that is a non-government business activity
• 37 Referral of particular accepted recommendations to responsible Minister—monopoly business activity that is government business activity
• 37A Register of recommendations, and decisions or responses, relating to monopoly business activities involving the supply of water

Division 5 - Miscellaneous

• 37B Authority may give advice about pricing practices

PART 4 - COMPETITIVE NEUTRALITY

Division 1 - Preliminary

• 38 Principle of competitive neutrality
• 39 Significant business activities

Division 2 - Competitive neutrality complaints

• 40 Meaning of competitive neutrality complaint
• 41 Making competitive neutrality complaint
• 42 Further information to support complaint

Division 3 - Dealing with competitive neutrality complaints

• 43 Guideline for dealing with complaints
• 44 Requirement to investigate complaint
• 45 Refusing complaint

Division 4 - Investigation of competitive neutrality complaints

• 46 Application of division
• 47 Notice of investigation
• 48 Power to require certain information from government agency
• 49 Requirement for report about investigation
• 50 Minister’s response to report about investigation
• 51 Publication of report about investigation

Division 5 - General

• 52 Confidentiality requests
53. (Repealed) 54. (Repealed) 55. (Repealed) 56. (Repealed) 57. (Repealed) 58. (Repealed) 59. (Repealed) 60. (Repealed) 61. (Repealed) 62. (Repealed) 63. (Repealed) 64. (Repealed) 65. (Repealed) 66. (Repealed) 67. (Repealed) 68. (Repealed) 69. (Repealed)

Division 6 - (Repealed)

PART 5 - ACCESS TO SERVICES

Division 1 - Preliminary

• 69E Object of pt 5
• 70 Meaning of facility
• 71 Meaning of market
• 72 Meaning of service
• 73 References to facilities
• 74 Application of part to partnerships and joint ventures
• 75 Application of Act to authority for purposes of giving notices to owner
• 75A Application of Act to authority for purposes of giving notices to operator

Division 2 - Declarations of services

• 76 Access criteria
Subdivision 2 - Recommendation by authority for declaration
• 77 Requests about declarations
• 78 Notice of request
• 79 Making recommendation
• 79A Period for making recommendation
• 80 Factors affecting making of recommendation
Subdivision 3 - Investigations about services
• 81 Power of authority to conduct investigation
• 82 Notice of investigation
• 83 Procedures for investigation
Subdivision 4 - Declaration by Minister
• 84 Making declaration
• 85 Notice of decision
• 86 Factors affecting making of declaration
• 87 Duration of declaration
Subdivision 4A - Review of declaration
• 87A Declaration recommendation to be made before expiry of declaration
• 87B Notice of review
• 87C Factors affecting making of recommendation
• 87D Power of authority to conduct investigation
• 87E Notice of investigation
• 87F Procedures for investigation
Subdivision 5 - Revocation of declaration
• 88 Recommendation to revoke
• 89 Power of authority to conduct investigation
• 90 Notice of investigation
• 91 Procedures for investigation
• 92 Revocation
• 93 Notice of decision
• 94 When revocation takes effect
Subdivision 6 - Other matters
• 95 Effect of expiry or revocation of declaration
• 96 Register of declarations

Division 3 - (Repealed)

Division 4 - Access agreements for declared services

• 99 Obligation of access provider to negotiate
• 100 Obligations of parties to negotiations
• 101 Obligation of access provider to satisfy access seeker’s requirements
Subdivision 2 - Rights and obligations of parties to access agreements
• 102 Terms of access under separate agreements
• 103 Requirement to produce access agreement
• 104 Preventing or hindering access
• 105 Requirement to give information about access
• 106 Transfer of rights under access agreement
Subdivision 3 - Approval of certain access agreements
• 107 Application of subdivision
• 108 Application for approval
• 109 Decision on application
• 110 Notice of decision

Division 5 - Access disputes about declared services

• 111 Application of arbitration procedures to access disputes
Subdivision 2 - Notices about access disputes
• 112 Giving dispute notice
• 113 Requirements about access dispute notice
• 114 Notice by authority of access dispute
• 115 Withdrawal of access dispute notice
• 115A Authority may refer access dispute to mediation
Subdivision 2A - Mediation of access disputes
• 115B Parties to mediation of access disputes
• 115C Other persons may take part in mediation conference
• 115D Conduct of mediation under sdiv 2A
• 115E Mediation agreements
• 115F Reference of access dispute—by mediator
• 115G Reference of access dispute—by party
Subdivision 3 - Arbitration of access disputes and making of access determinations
• 116 Parties to arbitration of access disputes
• 117 Access determination by authority
• 117A Period for making access determination
• 118 Examples of access determinations
• 119 Restrictions affecting making of access determination
• 120 Matters to be considered by authority in making access determination
• 121 Conduct of arbitration
• 122 Resolution of access dispute by authority without arbitration or determination
• 123 When access determination takes effect
• 124 Enforcement of access determination
• 125 Preventing or hindering access
• 126 Requirement to give information about access
• 127 Register of access determinations
Subdivision 4 - Amendment and revocation of access determinations
• 127A Application for amendment or revocation of access determination
• 127B Notice by authority of application for amendment or revocation
• 127C Amendment or revocation with agreement of parties
• 127D Arbitration of dispute about amendment or revocation of access determination

Division 6 - Access codes for declared services

• 128 Making codes
• 129 Status of codes
• 130 Purpose and contents of codes
• 131 Expiry of codes
• 132 Period of operation of access codes

Division 7 - Access undertakings for declared and non-declared services

• 133 Requirement of owner or operator to give draft access undertaking
• 133A Criteria for choosing entity to give draft access undertaking
• 133B Requirement to give information or document
• 134 Consideration and approval of draft access undertaking by authority
• 135 Preparation and approval of draft access undertaking by authority
• 136 Submission and approval of voluntary draft access undertaking
• 136A Compulsory amendment of draft access undertaking for declared service given voluntarily
• 137 Contents of access undertakings
• 138 Factors affecting approval of draft access undertaking
• 138A Terms of particular approved access undertakings
Subdivision 2 - Preparation and approval of draft amending access undertakings
• 139 Requirement of responsible person to give draft amending access undertaking
• 140 Consideration and approval of draft amending access undertaking by authority
• 141 Preparation and approval of draft amending access undertaking by authority
• 142 Submission and approval of voluntary draft amending access undertaking
• 143 Factors affecting approval of draft amending access undertaking
Subdivision 3 - Investigations about draft access undertakings
• 144 Application of sdiv 3
• 145 Power of authority to conduct investigation
• 146 Notice of investigation
• 147 Procedures for investigation
Subdivision 4 - Other matters
• 147A Period for approving draft access undertaking
• 148 Withdrawal of approved access undertaking
• 149 Period of operation of approved access undertaking
• 150 Register of approved access undertakings
• 150A Obligation of responsible person to comply with approved access undertaking
• 150AA Requirement to give information about compliance with approved access undertaking

Division 7A - Rulings

• 150B Purpose of div 7A
• 150C Definitions for div 7A
Subdivision 2 - Applying for and making rulings
• 150D Application for a ruling
• 150E Authority must decide whether to make ruling
• 150F Requirements for making ruling
• 150G Period for which ruling has effect
Subdivision 3 - Investigations about rulings
• 150H Authority may investigate
• 150I Notice of investigation
• 150J Procedures for investigation
Subdivision 4 - Other matters
• 150K When a ruling does not apply
• 150L Costs of making a ruling
• 150M Register of rulings

Division 8 - Enforcement for pt 5

• 151 References to person involved in a contravention
• 152 Orders to enforce access determination
• 153 Orders to enforce prohibitions on hindering access and unfair differentiation
• 154 Consent injunctions
• 155 Interim injunctions
• 156 Factors relevant to granting restraining injunction
• 157 Factors relevant to granting mandatory injunction
• 158 Discharge or variation of injunction or order
• 158A Orders to enforce approved access undertaking

Division 9 - Accounting procedures for declared services

• 159 Preparation of cost allocation manual
• 160 Publication and distribution of manual
• 161 When manual binds access provider
• 162 Access provider must keep books and records under manual
• 163 Access provider to keep separate accounting records

Division 10 - (Repealed)

Division 11 - Other matters

• 167 Inconsistency between Act or access code and access agreement
• 168 Inconsistency between access agreement and access undertaking
• 168A Pricing principles
• 168B Information to be considered by authority in making decisions
• 168C Prohibition on particular treatment of users by access providers
• 169 Authority’s role for other access regimes
• 170 Role of bodies having functions for other access regimes

PART 5A - PRICING OF WATER

Division 1 - Preliminary

• 170A Application of part to partnerships and joint ventures
• 170B Application of part to authority for purposes of giving notices

Division 2 - Declarations and investigations of monopoly water supply activities

• 170C Development of criteria
• 170D Revision of, and advice about, criteria
• 170E Consultation about criteria
• 170F Publication of criteria
Subdivision 2 - Recommendation by authority for declaration of monopoly water supply activities
• 170G Requests about declarations of monopoly water supply activities
• 170H Notice of request
• 170I Making recommendation
• 170J Factors affecting making of recommendation
Subdivision 3 - Investigations about candidate water supply activities
• 170K Power of authority to conduct investigation
• 170L Notice of investigation
• 170M Procedures for investigation
Subdivision 4 - Declaration by Minister
• 170N Making declarations
• 170O Notice of decision
• 170P Factors affecting making of declaration
• 170Q Duration of declaration
Subdivision 4A - (Repealed) Subdivision 5 - Revocation of declaration
• 170R Recommendation to revoke
• 170S Power of authority to conduct investigation
• 170T Notice of investigation
• 170U Procedures for investigation
• 170V Revocation
• 170W Notice of decision
• 170X When revocation takes effect
Subdivision 6 - Other matters about monopoly water supply declarations
• 170Y Effect of expiry or revocation of declaration
• 170Z Register of declarations
Subdivision 7 - Water pricing determinations
• 170ZA Definitions for sdiv 7
• 170ZB Authority must make water price determinations
• 170ZC Notice of intention to make a water pricing determination
• 170ZD When notice must be given
• 170ZE Draft water pricing determination
• 170ZF Water pricing determination
170ZG. (Repealed)
• 170ZH Restrictions affecting making of water pricing determination
• 170ZI Matters to be considered by authority in making water pricing determination
• 170ZJ When water pricing determination has effect
• 170ZK Enforcement of water pricing determination
• 170ZL Water suppliers’ pricing practices
• 170ZM Register of water pricing determinations
170ZMA. (Repealed)
• 170ZN Ending of authority’s jurisdiction to determine pricing
• 170ZO Application for amendment of water pricing determination
• 170ZP Refusal to amend
• 170ZQ Approval of application
170ZQA. (Repealed)
• 170ZR Amendment on authority’s own initiative
• 170ZS Investigation for sdiv 7
• 170ZT Requirement to give information
• 170ZU Information to be considered by authority in making decisions

Division 3 - Codes for water pricing determinations

• 170ZV Making codes
• 170ZW Code is subordinate legislation
• 170ZX Purpose and contents of codes
170ZY. (Repealed) 170ZZ. (Repealed) 170ZZA. (Repealed) 170ZZB. (Repealed) 170ZZC. (Repealed) 170ZZD. (Repealed) 170ZZE. (Repealed) 170ZZF. (Repealed) 170ZZG. (Repealed) 170ZZH. (Repealed) 170ZZI. (Repealed) 170ZZJ. (Repealed) 170ZZK. (Repealed) 170ZZL. (Repealed) 170ZZM. (Repealed) 170ZZN. (Repealed)

Division 5 - (Repealed)

Division 6 - Enforcement for pt 5A

• 170ZZZE References to person involved in contraventions
• 170ZZZF Orders to enforce pricing determinations
• 170ZZZG Consent injunctions
• 170ZZZH Interim injunctions
• 170ZZZI Factors relevant to granting restraining injunction
• 170ZZZJ Factors relevant to granting mandatory injunction
• 170ZZZK Discharge or variation of injunction or order
Subdivision 2 - Information requirement
• 170ZZZL Requirement to give information about compliance with particular provisions

PART 6 - INVESTIGATIONS BY AUTHORITY

Division 1 - Preliminary

• 171 Application of part

Division 2 - General conduct of investigations

• 172 Public seminars etc.
• 173 General procedures
• 174 Consideration of submissions

Division 3 - Hearings

• 175 Holding of hearings
• 176 Notice of hearings
• 177 Hearings normally to be in public
• 178 Right to representation
• 179 Procedures at hearings
• 180 Taking evidence

Division 4 - Witnesses at hearings

• 181 Notice to witness
• 182 Witness fees
• 183 Failure of witness to attend
• 184 Other offences by witnesses

Division 5 - Other matters

• 185 Giving information and documents to authority
• 186 Handling of documents
• 187 Confidential information

PART 6A - CONDUCT OF MEDIATION

Division 1 - Preliminary

• 187A Application of part

Division 2 - Constitution of mediator for mediation conferences

• 187B Constitution of mediator
• 187C Presiding person
• 187D Reconstitution of mediator
• 187E Deciding questions

Division 3 - General conduct of mediation conferences

• 187F Conference to be in private
• 187G Limited right to representation
• 187H General procedures
• 187I Parties’ attendance at conference not compellable
• 187J No official record of mediation conference

Division 4 - Other matters

• 187K Confidential information

PART 7 - CONDUCT OF ARBITRATION HEARINGS BY AUTHORITY

Division 1 - Preliminary

• 188 Application of part
188A. (Repealed)
• 189 References to member

Division 2 - Constitution of authority for arbitration hearings

• 190 Constitution of authority
• 191 Presiding member
• 192 Reconstitution of authority
• 193 Deciding questions

Division 3 - General conduct of arbitration hearings

• 194 Hearing normally to be in private
• 195 Right to representation
• 196 General procedures
• 197 Particular powers of authority
• 198 Disclosing information
• 199 Taking evidence

Division 4 - Witnesses at arbitration hearings

• 200 Notice to witness
• 201 Witness fees
• 202 Failure of witness to attend
• 203 Other offences by witnesses

Division 5 - Other matters

• 204 Contempt
• 205 Giving information and documents to authority
• 206 Handling of documents
• 207 Confidential information
• 208 Costs

PART 8 - OTHER PROVISIONS ABOUT THE AUTHORITY

Division 1 - Membership of authority

• 209 Composition of authority
• 210 Chairperson and deputy chairperson of authority
• 211 Duration of appointment
• 212 Conditions of appointment

Division 1A - Panel of associate members

• 213 Panel
• 214 Appointment of persons to panel
• 214A Term of appointment
• 214B Conditions of appointment
• 214C Vacation of office
• 214D Choice of 1 or more associate members for a particular investigation, mediation or arbitration

Division 2 - Proceedings of authority

• 215 Times and places of meetings
• 216 Presiding member at meetings
• 217 Quorum and voting at meetings
• 218 Conduct of proceedings
• 219 Disclosure of interests
• 220 Minutes

Division 3 - Staff of authority

• 221 Chief executive officer
• 222 Authority staff
• 223 Conditions of employment
• 224 Alternative staffing arrangements
• 225 Rights of former public service officers
• 226 Superannuation schemes
227. (Repealed)

Division 3A - Registers

• 227A Keeping registers
• 227B Availability of registers for inspection
• 227C Inspection of registers

Division 4 - Other matters

• 228 Seal
• 229 Application of certain Acts

PART 9 - OFFENCES

• 230 False or misleading statements
• 231 False, misleading or incomplete documents
• 232 Obstructing members or employees of authority
• 233 Intimidation

PART 10 - MISCELLANEOUS

• 234 Disclosure of Cabinet information
• 235 Cabinet matters
• 235A Proceedings for offences
• 236 Responsibility for acts or omissions of representatives
• 237 Protection from liability of member or employee
• 238 Protection from liability of person giving information to authority
• 239 Confidential information—commercial activities
239A. (Repealed)
• 240 Secrecy
• 241 Draft reports
• 242 Annual reports
• 243 Delegation
• 244 Tabling reports
• 244A Approval of forms
• 245 Regulation-making power

PART 11 - (Repealed)

PART 12 - TRANSITIONAL AND SAVINGS PROVISIONS

Division 1 - Transitional and savings provisions for Motor Accident Insurance and Other Legislation Amendment Act 2010

• 248 Definition for division
• 249 Exclusion of service from pt 5
• 250 Saving of declarations of particular services
251. (Repealed)

Division 2 - Transitional provision for Revenue and Other Legislation Amendment Act 2011

• 252 References to, and acts etc. by, Ministers

Division 3 - Declaratory provision for Fairer Water Prices for SEQ Amendment Act 2011

• 253 Revocation of declaration

Division 4 - Transitional provision for Treasury and Trade and Other Legislation Amendment Act 2013

• 254 References to, and acts etc. by, Ministers

Division 5 - Transitional provision for Queensland Competition Authority Amendment Act 2018

• 255 Preparation and approval of particular draft, or draft amending, access undertakings

Division 6 - Transitional provisions for the Queensland Future Fund (Titles Registry) Act 2021

• 256 Definitions for division
• 257 Existing competitive neutrality complaints and investigations
• 258 Guideline for dealing with competitive neutrality complaints
• 259 Queensland Productivity Commission and its board
• 260 State is successor in law of commission
• 261 Assets and liabilities
• 262 Contracts, agreements, undertakings, other arrangements and instruments
• 263 Proceedings not yet started
• 264 Current proceedings
• 265 Matters relating to employment
• 266 Act applies despite other laws and instruments
• 267 Effect on legal relationships
• 268 References to the commission

PART 13 - (Repealed)

• SCHEDULE 1
• SCHEDULE 2