(1) The Minister may declare a government business activity to be a monopoly
business activity.
(2) The declaration must be made by gazette notice.
(3)
In deciding whether to make a declaration, the Minister must have regard to—
(a) the current criteria given to the Minister by the authority for the
purpose; and
(b) any information or advice about the current criteria given
to the Minister by the authority.
(4) Also, in deciding whether to make a
declaration about a government business activity that is a
significant business activity, the Minister must consult with the local
government entity carrying on the activity and the responsible local
government for the entity.
(5) For a consultation under subsection (4) , the
Minister must—
(a) notify the responsible local government and the local
government entity of the Minister’s intention to make a declaration about
the significant business activity; and
(b) give the responsible local
government and the local government entity 90 days to make submissions to the
Minister about the intended declaration.
(6) A declaration must identify the
business activity by reference to the government agency carrying on the
activity.
(7) The Minister may make a declaration whether or not a request
for the declaration is made by the authority.
(8) A declaration continues in
operation until it is revoked.
