Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p28
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 74145–76974

"(4) In deciding what recommendation it should make, the Council:

    (a) must assess whether the access regime is an effective access regime by applying the relevant principles set out in the Competition Principles Agreement; and

    (b) must not consider any other matters.

"(5) When the Council recommends that the Commonwealth Minister make a particular decision, the Council must also recommend the period for which the decision should be in force.

Ministerial decision on effectiveness of access regime

"44N.(1) On receiving a recommendation, the Commonwealth Minister must:

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

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

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

    (a) must apply the relevant principles set out in the Competition Principles Agreement; and

    (b) must not consider any other matters.

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

"(4) The Commonwealth Minister must publish his or her decision. At the same time, the Commonwealth Minister must give his or her reasons for the decision, and a copy of the Council's recommendation, to the responsible Minister for the State or Territory who applied for the recommendation.

Review of Ministerial decision on effectiveness of access regime

"44O.(1) The responsible Minister of the State or Territory who applied for a recommendation that the Commonwealth Minister decide that the access regime is an effective access regime may apply to the Tribunal for review of the Commonwealth Minister's decision.

"(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.

"(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 information and other assistance, and to make reports, as specified by the member for the purposes of the review.

"(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).

State or Territory ceasing to be a party to Competition Principles Agreement

"44P. If a State or Territory that has established a regime for access to a service ceases to be a party to the Competition Principles Agreement:

    (a) a decision by the Commonwealth Minister that the regime is an effective access regime ceases to be in force; and

    (b) the Council, the Commonwealth Minister and the Tribunal need not take any further action