Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44O

  (1)   The responsible Minister of the State or Territory:

  (a)   who applied for a recommendation under section   44M that the Commonwealth Minister decide that the access regime is an effective access regime; or

  (b)   who applied for a recommendation under section   44NA that the Commonwealth Minister decide to extend the period for which the decision under section   44N is in force;

may apply to the Tribunal for review of the Commonwealth Minister's decision.

  (1A)   If, on receiving a recommendation under section   44NBA relating to a decision under section   44N, the Commonwealth Minister has made a decision under section   44NBC:

  (a)   the person who applied under subsection   44NBA(3) for the Council to make a recommendation relating to that decision under section   44N; or

  (b)   any other person who could have applied under subsection   44NBA(3) for the Council to make such a recommendation;

may apply to the Tribunal for review of the Commonwealth Minister's decision under section   44NBC.

  (2)   An application for review must be made within 21 days after publication of the Commonwealth Minister's decision.

  (3)   The review by the Tribunal is a reconsideration of the matter based on the information, reports and things referred to in section   44ZZOAA.

Note:   There are limits on the information to which the Tribunal may have regard (see section   44ZZOAA) and time limits that apply to the Tribunal's decision on the review (see section   44ZZOA).

  (4)   For the purposes of the review, the Tribunal has the same powers as the Commonwealth Minister.

  (5)   The member of the Tribunal presiding at the review may require the Council to give assistance for the purposes of the review.

  (5A)   Without limiting subsection   (5), the member may, by written notice, require the Council to give information, and to make reports, of a kind specified in the notice, within the period specified in the notice, for the purposes of the review.

  (5B)   The Tribunal must:

  (a)   give a copy of the notice to:

  (i)   the person who applied for the review; and

  (ii)   any other person who has been made a party to the proceedings for review by the Tribunal; and

  (b)   publish, by electronic or other means, the notice.

  (6)   The Tribunal may affirm, vary or reverse the Commonwealth Minister's decision.

  (7)   A decision made by the Tribunal is to be taken to be a decision of the Commonwealth Minister for all purposes of this Part (except this section).