Document ID: chunk:federal_register_of_legislation:C2006A00092:clause:1_44na
Version: federal_register_of_legislation:C2006A00092
Segment Type: clause
Provision Reference: sch 1 cl 44NA
Character Range: 17433–19229

44NA  Recommendation by Council

 (1) This section applies if a decision of the Commonwealth Minister is in force under section 44N (including as a result of an extension under section 44NB) that a regime established by a State or Territory for access to a service is an effective access regime.

Application to Council

 (2) The responsible Minister for the State or Territory may make a written application to the Council asking it to recommend that the Commonwealth Minister decide to extend the period for which the decision is in force.

Note: The Commonwealth Minister may extend the period for which the decision is in force more than once: see section 44NB. This means there may be multiple applications under this subsection.

 (3) The responsible Minister for the State or Territory may specify in the application proposed variations to the access regime.

Assessment by Council

 (4) The Council must assess whether the access regime (including any proposed variations) is an effective access regime. It must do this in accordance with subsection 44M(4).

 (5) If the Council is satisfied that it is, the Council must, in writing, recommend to the Commonwealth Minister that he or she extend the period for which the decision under section 44N is in force. The Council must also recommend an extension period.

 (6) If the Council is satisfied that it is not, the Council must, in writing, recommend to the Commonwealth Minister that he or she not extend the period for which the decision under section 44N is in force.

Note 1: There are target time limits that apply to the Council's recommendation: see section 44NC.

Note 2: The Council may invite public submissions on the application: see section 44NE.

Note 3: The Council must publish its recommendation: see section 44NF.