VoteIn CommitteeDebate resumed.Part 2 Amendments to other Acts (continued)The question was put that the following amendment in the name of Brett Hudson be agreed to:After clause 12 insert new Part 3Part 3 – Commerce Commission Fuel Market Study9Principal ActThis part amends the Commerce Act 198610PurposeTo provide for powers for the Commerce Commission to undergo a competition study (market study) of a regional fuel market immediately following the establishment of a RFT scheme in a region.11New Part 3AAfter Part 3 insert:48InterpretationIn this Part unless the context otherwise requires—competition report means a report prepared by the Commission under section 51Bcompetition study means a study of any factors that may affect competition for the supply or acquisition of goods or servicesdepartment means a department of the public service specified in Schedule 1 of the State Sector Act 1988organisation means any of the following:(a)an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975:(b)an organisation named in Schedule 1 of the Official Information Act 1982:(c)the Auditor-General.Regional Fuel Tax means any regional fuel tax or regional fuel tax scheme put in place under the Land Transport Management Act 2003Regional Fuel Tax Region means any region of New Zealand that has a regional fuel tax scheme in place under the Land Transport Management Act 200349Functions of Commission under thus PartThe functions of the Commission under this Act include carrying out competition studies and preparing competition reports under this Part.50Commission may carry out competition study(1)The Commission must carry out a competition study of fuel markets in a regional fuel tax region no later than one year after a regional fuel tax scheme is established in that region;(a)The Commission must carry out a competition study that assesses the regional fuel tax region in relation to the NZ fuel market(b)Before carrying out a competition study the Commission must by notice in the Gazette issue a statement of intention to carry out the study which must—prescribe the terms of reference for the study; andspecify the date by which the Commission will make the final competition report for the study publicly available.(2)The study must assess whether price spreading behaviour is occurring in the RFT region(3)A copy of the notice must be made publicly available.(4)The Commission may amend the notice in the manner set out in subsections (1) to (3).(5)The Commission may revoke the notice by further notice in the Gazette.51ACompetition study terms of reference (1)The terms of reference for a competition study must—(a)Examine the way in which regional fuel taxes influence the price of fuel in a regional fuel tax region and;(b)Examine the impact of price spreading of a fuel tax and;(c)Any other related area that the Commission deems necessary to examine in relation to regional fuel taxes(2)The terms of reference may name any of the following that it intends to consult as part of the study:(a)departments:(b)organisation:(c)persons:(d)classes of persons.(4)The Commission—(a)must carry out the competition study in accordance with the terms of reference; and(b)may exercise its discretion in relation to any ancillary matters that are related to but not explicitly covered by the terms of reference.51BPreparation of competition report(1)The Commission must prepare a competition report that records its findings from the competition study.(2)The report may without limitation recommend 1 or more of the following:(a)changes to legislation or other instruments:(b)changes to the policies or practices of central or local government:(c)changes to the policies or practices of a person or an organisation responsible for the oversight or regulation of a specified industry:(d)changes to the amount or type of information made available by a person or an organisation in relation to a specified industry:(e)that a person or an organisation research or monitor a specified matter:(f)that persons within a specified industry change their behaviour.51CConsultation on draft competition report(1)Before a competition report is finalised the Commission must—(a)make a draft report publicly available; and(b)allow a reasonable time for comments on the draft.(2)In preparing its final report the Commission must have regard to any comments received on the draft report within the time allowed.51DPublication and status of competition report(1)A final competition report must be made publicly available.(2)To avoid doubt a competition report is not a determination of the Commission.A party vote was called for on the question That the amendment be agreed to.Ayes 55New Zealand National 55.Noes 63New Zealand Labour 46; New Zealand First 9; Green Party 8.Amendment not agreed to.ScheduleA party vote was called for on the question That the schedule be agreed to.Ayes 63New Zealand Labour 46; New Zealand First 9; Green Party 8.Noes 55New Zealand National 55.Schedule agreed to.