Document ID: chunk:federal_register_of_legislation:C2006A00092:clause:1_44pa
Version: federal_register_of_legislation:C2006A00092
Segment Type: clause
Provision Reference: sch 1 cl 44PA
Character Range: 27756–29859

44PA  Approval of competitive tender process

Application to Commission

 (1) The Commonwealth Minister, or the responsible Minister of a State or Territory, may make a written application to the Commission asking it to approve a tender process, for the construction and operation of a facility that is to be owned by the Commonwealth, State or Territory, as a competitive tender process.

 (2) The application must:
 (a) specify the service or services proposed to be provided by means of the facility; and
 (b) be in accordance with the regulations.

Decision of Commission

 (3) The Commission must, by notice in writing, approve or refuse to approve the tender process as a competitive tender process.

Note 1: While a decision is in force approving a tender process as a competitive tender process, the designated Minister cannot declare any service provided by means of the facility that was specified under paragraph (2)(a): see subsection 44H(3A).

Note 2: There are target time limits that apply to the Commission's decision: see section 44PD.

Note 3: The Commission may invite public submissions on the application: see section 44PE.

Note 4: The Commission must publish its decision: see section 44PF.

 (4) The Commission must not approve a tender process as a competitive tender process unless:
 (a) it is satisfied that reasonable terms and conditions of access to any service specified under paragraph (2)(a) will be the result of the process; and
 (b) it is satisfied that the tender process meets the requirements prescribed by the regulations.

Period for which decision in force

 (5) If the Commission approves the tender process as a competitive tender process, it may specify in the notice the period for which the decision is in force.

Note: Section 44PC provides for revocation of the decision.

 (6) The Commission may, by writing, extend that period by a specified period. The Commission may do so more than once.

Legislative Instruments Act

 (7) A notice under subsection (3) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.