Queensland Consolidated Acts

QUEENSLAND COMPETITION AUTHORITY ACT 1997 - SECT 49

(1) In conducting an investigation under this division, the authority must have regard to the following matters—

(a) the need to ensure compliance with the principle of competitive neutrality;

(b) the need for efficient resource allocation;

(c) the need to promote competition;

(d) any government policies or guidelines about the application of the principle of competitive neutrality;

(e) any directions about the application of the principle of competitive neutrality given to the government agency by the government;

(f) any arrangements between the government and the government agency about a competitive disadvantage suffered by the agency because of the government ownership or control of the agency;

(g) any laws about the application of the principle of competitive neutrality;

(h) any legislation or government policies relating to ecologically sustainable development;

(i) social welfare and equity considerations including community service obligations and the availability of goods and services to consumers;

(j) any legislation or government policies relating to occupational health and safety or industrial relations;

(k) economic and regional development issues, including employment and investment growth;

(l) the interests of consumers or any class of consumers.

Examples of policies for subsection (1)(d)—

1 Policy framework for commercialisation of government activities as outlined in 'Commercialisation of government service functions in Queensland' (published by the Treasury Department, October 1994).

2 Government policy statement 'Competitive Neutrality and Queensland Government Business Activities' (published by the Queensland Government, July 1996).

Editor's note—

A copy of each policy may be inspected at the office of the Treasury Department at 100 George Street, Brisbane.

Example of a law for subsection (1)(g)—

Government Owned Corporations Act 1993 governing the corporatisation of government entities

(2) However, in deciding whether the complaint the subject of an investigation has been substantiated, the authority must not accept that any competitive advantage enjoyed by the government agency solely because of the government ownership or control of the agency is justified because of the existence of a competitive disadvantage suffered by the agency because of the government ownership or control of the agency.

(3) Subsection (1) does not limit the matters the authority may have regard to in conducting an investigation.