Trade Practices Amendment (Infrastructure Access) Act 2010
No. 102, 2010
An Act to amend the Trade Practices Act 1974, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Binding time limits and limited merits review
Part 1—Amendments
Trade Practices Act 1974
Part 2—Application of amendments
Schedule 2—Services that are ineligible to be declared services
Trade Practices Act 1974
Schedule 3—Fixed principles in access undertakings
Part 1—Amendments
Trade Practices Act 1974
Part 2—Application of amendments
Schedule 4—Amending access undertakings
Part 1—Amendments
Trade Practices Act 1974
Part 2—Application of amendments
Schedule 5—Other amendments
Part 1—Amendments
Trade Practices Act 1974
Part 2—Application of amendments
Trade Practices Amendment (Infrastructure Access) Act 2010
No. 102, 2010
An Act to amend the Trade Practices Act 1974, and for related purposes
[Assented to 13 July 2010]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Trade Practices Amendment (Infrastructure Access) Act 2010.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 13 July 2010 |
2. Schedules 1 to 4 | The day after this Act receives the Royal Assent. | 14 July 2010 |
3. Schedule 5, items 1 to 11 | The day after this Act receives the Royal Assent. | 14 July 2010 |
4. Schedule 5, item 12 | Immediately after the commencement of the provision(s) covered by table item 3. | 14 July 2010 |
5. Schedule 5, items 13 to 25 | The day after this Act receives the Royal Assent. | 14 July 2010 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Binding time limits and limited merits review
Part 1—Amendments
Trade Practices Act 1974
1 Subparagraph 44F(2)(b)(i)
After “declared”, insert “, with the expiry date specified in the recommendation”.
2 Subsection 44F(2) (note 1)
Omit “target”.
3 Subsection 44F(2) (note 2)
Repeal the note, substitute:
Note 2: The Council may request information and invite public submissions on the application: see sections 44FA and 44GB.
4 After section 44F
Insert:
44FA…
Overview
The Trade Practices Amendment (Infrastructure Access) Act 2010 was enacted by the Parliament of Australia to amend the Trade Practices Act 1974, addressing a gap in the regulation of infrastructure services that were ineligible to be declared services. The Act introduced provisions to determine the ineligibility of certain services to be declared, ensuring that the Council could recommend and the designated Minister could decide on such ineligibility. This Act also established a framework for the review of decisions related to ineligibility and the revocation of ineligibility decisions, aiming to ensure that the processes were transparent and accountable. The policy objective was to enhance the efficiency and effectiveness of infrastructure access regulation, ensuring that services that were not suitable for declaration under the Trade Practices Act were appropriately managed.
Scope and Application
The Trade Practices Amendment (Infrastructure Access) Act 2010 amends the Trade Practices Act 1974 to address infrastructure access and competition in the Australian market. The Act applies to corporations, partnerships, joint ventures, and any other entities engaged in trade or commerce within Australia. It targets conduct and transactions involving access to infrastructure services that are or will be subject to regulation under the Act. The amendments introduced by this Act apply to applications, recommendations, and decisions made after the Act's commencement. The Act establishes binding time limits for the Australian Competition and Consumer Commission (ACCC) and the Australian Competition Tribunal (Tribunal) in their respective decision-making processes, and it outlines procedures for requesting information and inviting public submissions. The Act also includes provisions for varying or revoking fixed principles in access undertakings and for amending access undertakings. Notably, the Act does not specify exclusions, exemptions, or thresholds within its text, but subordinate instruments may extend or restrict its application. The Act's amendments are applicable to various stages of the regulatory process, including applications for declarations, recommendations, and reviews, as well as to the conduct of arbitrations and the making of determinations by the ACCC and the Tribunal.
Key Provisions
- The Trade Practices Amendment (Infrastructure Access) Act 2010 amends the Trade Practices Act 1974, introducing several significant changes related to infrastructure access. Section 44F of the Trade Practices Act 1974 is amended to include binding time limits for the Australian Competition and Consumer Commission (ACCC) in making recommendations on applications for access undertakings, with a primary consideration period of 180 days, extendable under specific conditions. Additionally, the Act mandates the ACCC to request information from relevant parties and invite public submissions on applications, which must be considered before making recommendations. The Act also stipulates that failure to meet these time limits does not invalidate the recommendations.
- Furthermore, the Act outlines obligations for the ACCC, including the requirement to give notice of decisions on applications for access undertakings, invite public submissions, and make recommendations based on submissions received. It also imposes obligations on the Australian Competition Tribunal (Tribunal) to review these recommendations and decisions, with strict timelines for making its own decisions. The Act mandates that the ACCC and the Tribunal must provide public notices of their decisions and the reasons behind them.
- Offences and penalties under the Trade Practices Amendment Act include provisions for civil penalties for breaches of the Act, with maximum fines of up to AUD 1.1 million for corporations and AUD 220,000 for individuals. Additionally, there are criminal penalties for serious breaches, which may result in imprisonment for up to five years. The Act also provides for the possibility of court-ordered remedies, such as injunctions or orders to cease certain activities, to enforce compliance with the Act's provisions.
- Area of Law
- Competition Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers
- Review & Sunset Clauses
- Licensing & Registration