Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44N

  (1)   On receiving a recommendation under section   44M, the Commonwealth Minister must:

  (a)   decide that the access regime is an effective access regime for the service or proposed service; or

  (b)   decide that the access regime is not an effective access regime for the service or proposed service.

Note:   The Commonwealth Minister must publish his or her decision: see section   44NG.

  (2)   In making a decision, the Commonwealth Minister:

  (a)   must, subject to subsection   (2A), apply the relevant principles set out in the Competition Principles Agreement; and

  (aa)   must have regard to the objects of this Part; and

  (b)   must, subject to section   44DA, not consider any other matters.

  (2A)   In making a decision, the Commonwealth Minister must disregard Chapter   5 of a National Gas Law.

  (3)   The decision must specify the period for which it is in force.

Note:   The period for which the decision is in force may be extended: see section   44NB.

  (4)   If the Commonwealth Minister does not publish under section   44NG his or her decision on a recommendation under section   44M within the period starting at the start of the day the recommendation is received and ending at the end of 60 days after that day:

  (a)   the Commonwealth Minister is taken, immediately after the end of that 60 - day period:

  (i)   to have made a decision under subsection   (1) in accordance with the recommendation made by the Council under section   44M; and

  (ii)   to have published that decision under section   44NG; and

  (b)   if the Council recommended that the Commonwealth Minister decide that the access regime is an effective access regime for the service, or proposed service--the decision is taken to be in force for the period recommended by the Council under subsection   44M(5).