Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p80
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 206919–209958

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 considering a previous request) that there was effective supervision of prices charged by the State or Territory authority for the supply of those goods or services; and

    (b) the Council is satisfied that there has not been a substantial change in the mechanism for that supervision since the Council was satisfied as mentioned in paragraph (a).

"(1D) In deciding whether there is effective supervision of prices charged by a State or Territory authority, where the State or Territory concerned is a party to the Competition Principles Agreement made on

SCHEDULE 3—continued

11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, the National Competition Council must apply the relevant principles set out in the agreement.

"(1E) A declaration under paragraph (1)(b) must specify the time when it is to cease to have effect.".

Subsection 21(2):

Omit "Authority", substitute "Commission".

Section 21:

Add at the end:

"(3) A declaration under paragraph (1)(b) ceases to have effect at the time specified under subsection (1E), unless the declaration is revoked sooner.

"(4) In this section:

'Australian government' means the Commonwealth, a State, the Australian Capital Territory or the Northern Territory.".

Subsection 22(1):

Omit "previously" (wherever occurring).

Paragraph 22(1)(a):

After "conditions" (first occurring) insert "in the past 12 months".

Paragraph 22(1) (a):

After "conditions" (last occurring) insert "in that period".

Paragraph 22(1)(b):

After "conditions" (first occurring) insert "in the past 12 months".

Paragraph 22(1)(b):

After "conditions" (second and third occurring) insert "in that period".

Paragraph 22(1)(c):

After "conditions" insert "in the past 12 months".

Sections 22 and 23:

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

SCHEDULE 3—continued

Paragraph 23(2)(a):

Add at the end:

     "(iii) a statement of the reasons for the outcome of the consideration by the Commission of the relevant notice; and".

After subsection 23(2):

Insert:

"(2A) A person who gives the Commission a document in relation to a notice under paragraph 22(2)(a) or makes an oral submission to the Commission in relation to a notice may ask the Commission to exclude from a document to be placed in the register any information:

    (a) that was in the person's document or submission; and

    (b) that the person claims is confidential.

"(2B) The Commission may exclude the information if the Commission is satisfied that the claim is justified and is not of the opinion that disclosure of the information is necessary in the public interest.".

Subsection 24(1):

Omit "Authority" (wherever occurring),