Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p27
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 71605–74407

Tribunal is a re-consideration of the matter.

"(5) For the purposes of the review, the Tribunal has the same powers as the designated Minister.

"(6) 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.

"(7) If the designated Minister declared the service, the Tribunal may affirm, vary or set aside the declaration.

"(8) If the designated Minister decided not to declare the service, the Tribunal may either:

    (a) affirm the designated Minister's decision; or

    (b) set aside the designated Minister's decision and declare the service in question.

"(9) A declaration, or varied declaration, made by the Tribunal is to be taken to be a declaration by the designated Minister for all purposes of this Part (except this section).

Review of decision not to revoke a declaration

"44L.(1) If the designated Minister decides not to revoke a declaration, the provider may apply in writing to the Tribunal for review of the decision.

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

"(3) The review by the Tribunal is a re-consideration of the matter.

"(4) For the purposes of the review, the Tribunal has the same powers as the designated 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 either:

    (a) affirm the designated Minister's decision; or

    (b) set aside the designated Minister's decision and revoke the declaration.

"Subdivision C—Miscellaneous

Recommendation for a Ministerial decision on effectiveness of access regime

"44M.(1) This section applies if a State or Territory that is a party to the Competition Principles Agreement has established at any time a regime for access to a service.

"(2) The responsible Minister for the State or Territory may make a written application to the Council asking the Council to recommend that the Commonwealth Minister decide that the regime for access to the service is an effective access regime.

"(3) The Council must recommend to the Commonwealth Minister:

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

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

"(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