EXPLANATORY STATEMENT

Issued by authority of the Assistant Treasurer

Competition and Consumer Act 2010

DECLARATION NO 93

Section 95X of the Competition and Consumer Act 2010 (the Act) provides that the Minister may, by notice published in the Gazette, declare goods or services of a specified description to be notified goods or services and may also declare a person to be, in relation to goods or services of a specified description, a declared person.  The effect of a declaration is that the ability of the declared person to increase the price of notified goods or services is restricted in accordance with section 95Z of the Act.

Declaration No. 93 declares Sydney Airport Corporation Ltd in relation to the provision of aeronautical services and facilities for regional air services to and from Sydney Kingsford Smith Airport.

Consultation was not considered necessary because this declaration effectively extends the price notification arrangements contained in the lapsed Declaration No. 92 (made in 2010 under section 95X of the former Trade Practices Act 1974).

Declaration No. 93 is a legislative instrument for the purposes of the Legislative Instruments Act 2003.  Registration of the Declaration as a legislative instrument is taken to satisfy the requirement that it be published in the Gazette, as provided for in subsection 56(1) of the Legislative Instruments Act 2003.

Declaration No. 93 takes effect on 1 July 2013 and ceases on 30 June 2016.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Competition and Consumer Act 2010

DECLARATION NO 93

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

Section 95X of the Competition and Consumer Act 2010 (the Act) provides that the Minister may, by notice published in the Gazette, declare goods or services of a specified description to be notified goods or services and may also declare a person to be, in relation to goods or services of a specified description, a declared person.

The effect of a declaration is that the ability of the declared person to increase the price of notified goods or services is restricted in accordance with section 95Z of the Act.  Declaration No. 93 declares Sydney Airport Corporation Ltd in relation to the provision of aeronautical services and facilities for regional air services to and from Sydney Kingsford Smith Airport.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.