Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44ZW

  (1)   On application by all the parties to a contract, the Commission must:

  (a)   register the contract by entering the following details on a public register:

  (i)   the names of the parties to the contract;

  (ii)   the service to which the contract relates;

  (iii)   the date on which the contract was made; or

  (b)   decide not to register the contract.

  (2)   In deciding whether to register a contract, the Commission must take into account:

  (aa)   the objects of this Part; and

  (a)   the public interest, including the public interest in having competition in markets (whether or not in Australia); and

  (b)   the interests of all persons who have rights to use the service to which the contract relates.

  (2A)   The Commission must not register a contract if it deals with a matter or matters relating to access to the service that are dealt with in an access undertaking that is in operation.

  (3)   The Commission must publish a decision not to register a contract.

  (4)   If the Commission publishes a decision not to register a contract, it must give the parties to the contract reasons for the decision when it publishes the decision.