Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p79
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 204034–207157

end:

"(4) Paragraphs 13(2)(b) and 14(2)(b) and section 17, of the Trade Practices Act 1974 apply in relation to the disclosure of interests in matters before the Commission under this Act.

"(5) Subsections 8A(4) and (5) and sections 16, 18 and 19 of the Trade Practices Act 1974 apply in relation to the Commission's powers and functions under this Act in the same way as they apply to the Commission's powers and functions under that Act.".

Subsection 18(1):

Omit "Chairman", substitute "Chairperson".

SCHEDULE 3—continued

Subsection 18(1):

Omit "Authority" (wherever occurring), substitute "Commission".

After subsection 18(1):

Insert:

"(1A) The Minister must not require or approve an inquiry into the supply by a State or Territory authority of goods or services.".

Subsection 18(3):

Omit "Authority", substitute "Commission".

Subsection 18(3):

Omit "Chairman", substitute "Chairperson".

After subsection 18(3):

Insert:

"(3A) The Commission must not determine a State or Territory authority as a person in relation to whom an inquiry will be held.".

Subsection 18(5):

Omit "Authority", substitute "Commission".

Subsection 18(6):

Omit "Authority" (wherever occurring), substitute "Commission".

Subsection 18(6):

Omit "Chairman", substitute "Chairperson".

Section 19:

Omit "Authority" (wherever occurring), substitute "Commission".

Section 20:

Omit "Chairman", substitute "Chairperson".

Section 20:

Omit "Authority" (wherever occurring), substitute "Commission".

Subsection 21(1):

Omit "Authority", substitute "Commission".

SCHEDULE 3—continued

After subsection 21(1):

Insert:

"(1A) The Minister must not make or approve a declaration of a State or Territory authority unless:

    (a) the appropriate Minister of the State or Territory concerned has agreed to the declaration being made; or

    (b) the National Competition Council has, on the request of an Australian government, recommended the declaration and the Minister has consulted the appropriate Minister of the State or Territory concerned.

"(1B) The National Competition Council must not recommend a declaration of a State or Territory authority in relation to goods or services unless the Council is satisfied that:

    (a) at least one Australian government has notified the State or Territory concerned that the Australian government is not satisfied that there is effective supervision of the prices charged by the authority for the supply of those goods or services; and

    (b) there is not effective supervision of prices charged by the authority for the supply of those goods or services; and

    (c) the supply of those goods or services by the authority has a significant direct or indirect impact on trade or commerce described in paragraph 4(1)(g) or trade and commerce between Australia and another place.

"(1C) The National Competition Council must not recommend a declaration of a State or Territory authority in relation to goods or services if:

    (a) at any time during the period of 5 years before the Council received the request mentioned in paragraph (1A)(b), the Council was satisfied (when