QUEENSLAND COMPETITION AUTHORITY ACT 1997 - As at 2 June 2021 - Act 25 of 1997
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 (Repealed)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
Subdivision 1 - Government 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
Subdivision 1 - Criteria for declaration recommendations and making of declarations
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
Subdivision 1 - Negotiations for access agreements
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
Subdivision 1 - Preliminary
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
Subdivision 1 - Preparation and approval of draft access undertakings
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
Subdivision 1 - Preliminary
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
Subdivision 1 - Criteria for declaration recommendations and declarations 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
Subdivision 1 - Court orders
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
