Trade Practices Amendment (National Access Regime) Act 2006
No. 92, 2006
An Act to amend the Trade Practices Act 1974, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Part 1—Amendments
Trade Practices Act 1974
Part 2—Application and transitional provisions
Trade Practices Amendment (National Access Regime) Act 2006
No. 92, 2006
An Act to amend the Trade Practices Act 1974, and for related purposes
[Assented to 18 August 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Trade Practices Amendment (National Access Regime) Act 2006.
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 on which this Act receives the Royal Assent. | 18 August 2006 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 October 2006 (see F2006L02999) |
Note: This table relates only to the provisions of this Act as originally passed by 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Part 1—Amendments
Trade Practices Act 1974
1 Subsection 4N(4) (definition of service)
Omit “Subdivision C of Division 2”, substitute “Division 2A”.
2 Section 29O
Before “Within”, insert “(1)”.
3 At the end of section 29O
Add:
(2) The report must also include details of the following:
(a) the time taken by the Council to make a recommendation on any application under section 44F, 44M or 44NA (about access regime applications under Part IIIA);
(b) any court or Tribunal decision interpreting:
(i) paragraph (f) of the definition of service in section 44B (which is an exclusion to do with production processes); or
(ii) any of the matters mentioned in subsection 44H(4) (about matters relevant to declaring services under Part IIIA);
(c) any matter the Council considers has impeded the operation of Part IIIA from delivering efficient access outcomes;
(d) any evidence of the benefits arising from…
Overview
The Trade Practices Amendment (National Access Regime) Act 2006, enacted by the Parliament of Australia, was designed to amend the Trade Practices Act 1974, primarily to address gaps in the regulatory framework for access to infrastructure services. The policy objective of this Act was to establish a consistent and efficient national access regime for services, particularly focusing on infrastructure services such as telecommunications, electricity, and gas. By introducing clearer guidelines and more structured processes for access declarations and arbitrations, the Act aimed to foster competition and investment in these sectors, ensuring that access to infrastructure is both economically efficient and promotes fair competition. The Act also sought to streamline decision-making processes by setting target time limits for various stages of access regulation, thereby enhancing transparency and predictability in the regulatory environment.
Scope and Application
The Trade Practices Amendment (National Access Regime) Act 2006 amends the Trade Practices Act 1974 (TPA) to establish a national access regime for certain services, enhancing the framework for access regulation across different industries. This Act applies to entities and persons involved in providing services that may be subject to access obligations under the TPA. It also applies to government entities when they own facilities for providing services that are to be subject to competitive tender processes. The scope of the Act is national, affecting entities and services throughout Australia, and it extends to cover decisions made by various authorities such as the Australian Competition and Consumer Commission (ACCC), the Competition Council, and the Australian Competition Tribunal (Tribunal). The Act includes provisions for extensions of access regimes, access undertakings, and access codes through subordinate instruments, thereby allowing for flexibility and adaptation to changing circumstances. Notably, the Act does not specify exclusions but rather focuses on establishing a structured approach to ensuring efficient access to services, promoting competition, and protecting consumer interests.
Key Provisions
- The Trade Practices Amendment (National Access Regime) Act 2006 amends the Trade Practices Act 1974, introducing new provisions and modifying existing ones to enhance the regulatory framework for access to services. Key provisions include amendments to the definition of "service," modifications to the access regime process, and the introduction of pricing principles for access disputes and undertakings or codes. The Act also sets out new obligations and requirements for the Australian Competition and Consumer Commission (ACCC) and the Australian Competition Tribunal (Tribunal), as well as penalties for non-compliance.
- The Act imposes specific obligations on the ACCC, including the duty to make recommendations on access regime applications within set time limits and to publish its decisions and reasons. It also mandates the ACCC to consider public submissions, take into account the objects of the access regime, and ensure that any confidential commercial information is protected. The designated Minister is required to make decisions on access regime recommendations, taking into account the objects of the regime, and publish his or her decisions. The Commonwealth Minister must make decisions on recommendations to extend access regimes, also considering the objects of the regime.
- The Act outlines several offences and penalties for non-compliance. For instance, the ACCC can be fined up to 10,000 penalty units for failing to comply with certain provisions, while individuals can be fined up to 1,100 penalty units. These penalties underscore the importance of adhering to the regulatory framework established by the Act.
- In summary, the Trade Practices Amendment (National Access Regime) Act 2006 introduces significant changes to the regulatory framework governing access to services in Australia. By imposing new obligations on the ACCC, the designated Minister, and the Commonwealth Minister, and by establishing clear penalties for non-compliance, the Act aims to promote efficient and fair access to services, ultimately benefiting both service providers and consumers.
- Area of Law
- Competition Law
- Regulatory Standards
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Target Time Limits
- Public Consultation
- Review & Sunset Clauses
- Reporting & Disclosure Obligations
