Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p23
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 61206–64026

(a) a provision of this Part requires a provider to do something, or prohibits a provider doing something; and

    (b) a contravention of the provision is not an offence;

the provision applies as if the reference to provider were a reference to each participant and to any other person responsible for the day-to-day management and control of the provider.

Meaning of "designated Minister"

"44D.(1) The Commonwealth Minister is the designated Minister unless subsection (2) or (3) applies.

"(2) In relation to declaring a service in a case where:

    (a) the provider is a State or Territory body; and

    (b) the State or Territory concerned is a party to the Competition Principles Agreement;

the responsible Minister of the State or Territory is the designated Minister.

"(3) In relation to revoking a declaration that was made by the responsible Minister of a State or Territory, the responsible Minister of that State or Territory is the designated Minister.

This Part binds the Crown

"44E.(1) This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

"(2) Nothing in this Part makes the Crown liable to be prosecuted for an offence.

"(3) The protection in subsection (2) does not apply to an authority of the Commonwealth or an authority of a State or Territory.

"Division 2—Declared services

"Subdivision A—Recommendation by the Council

Person may request recommendation

"44F.(1) The designated Minister, or any other person, may make a written application to the Council asking the Council to recommend under section 44G that a particular service be declared.

"(2) After receiving the application, the Council:

    (a) must tell the provider of the service that the Council has received the application, unless the provider is the applicant; and

    (b) must recommend to the designated Minister:

        (i) that the service be declared; or

        (ii) that the service not be declared.

"(3) If the applicant is a person other than the designated Minister, the Council may recommend that the service not be declared if the Council thinks that the application was not made in good faith. This subsection does not limit the grounds on which the Council may decide to recommend that the service not be declared.

"(4) In deciding what recommendation to make, the Council must consider whether it would be economical for anyone to develop another facility that could provide part of the service. This subsection does not limit the grounds on which the Council may decide to recommend that the service be declared or not be declared.

"(5) The applicant may withdraw the application at any time before the Council makes a recommendation relating to it.

Limits on the Council recommending declaration