Competition and Consumer Act. Australia
Subdivision D
Procedural provisions
44NC Time limit for Council recommendations
Council to make recommendation within the consideration period
(1) The Council must make a recommendation on an application under section 44M or 44NA within the consideration period.
(2) The consideration period is a period of 180 days (the expected period), starting at the start of the day the application is received, unless the consideration period is extended under subsection (7).
Stopping the clock
(3) In working out the expected period in relation to a recommendation on an application under section 44M or 44NA, in a situation referred to in column 1 of an item of the following table, disregard any day in a period:
(a) starting on the day referred to in column 2 of the item; and
(b) ending on the day referred to in column 3 of the item.
Stopping the clock Item Column 1
Situation Column 2
Start day Column 3
End day 1 An agreement is made in relation to the application under subsection (5) The first day of the period specified in the agreement The last day of the period specified in the agreement 2 A notice is given under subsection 44MA(1) requesting information in relation to the application The day on which the notice is given The last day of the period specified in the notice for the giving of the information 3 A notice is given under subsection 44NAA(1) requesting information in relation to the application The day on which the notice is given The last day of the period specified in the notice for the giving of the information
(4) Despite subsection (3):
(a) do not disregard any day more than once; and
(b) the total period that is disregarded under that subsection must not exceed 60 days.
Stopping the clock by agreement
(5) The Council, the applicant and the provider of the service (if the provider is not the applicant) may agree in writing that a specified period is to be disregarded in working out the expected period.
(6) The Council must publish, by electronic or other means, the agreement.
Council may extend time for making recommendation
(7) If the Council is unable to make a recommendation within the consideration period (whether it is the expected period or the consideration period as previously extended under this subsection), it must, by notice in writing to the Commonwealth Minister, extend the consideration period by a specified period.
(8) The notice must:
(a) specify when the Council must now make its recommendation on the application; and
(b) include a statement explaining why the Council has been unable to make a decision on the recommendation within the consideration period.
(9) The Council must give a copy of the notice to:
(a) the applicant; and
(b) if the applicant is not the provider of the service — the provider.
Publication
(10) If the Council extends the consideration period under subsection (7), it must publish a notice in a national newspaper:
(a) stating that it has done so; and
(b) specifying the day by which it must now make a recommendation on the application.
Failure to comply with time limit does not affect validity
(11) Failure by the Council to comply with a time limit set in this section does not affect the validity of a recommendation made under this section.
44NE Council may invite public submissions
Invitation
(1) The Council may publish, by electronic or other means, a notice inviting public submissions on an application under section 44M or 44NA if it considers that it is appropriate and practicable to do so.
(2) The notice must specify how submissions may be made and the day by which submissions may be made (which must be at least 14 days after the day the notice is published).
Consideration of submissions
(3) Subject to subsection (6), in deciding what recommendation to make on the application, the Council:
(a) must have regard to any submission made on or before the day specified in the notice; and
(b) may disregard any submission made after the day specified in the notice.
Council may make submissions publicly available
(4) The Council may make any written submission, or a written record (which may be a summary) of any oral submission, publicly available.
Confidentiality
(5) A person may, at the time of making a submission, request that the Council:
(a) not make the whole or a part of the submission available under subsection (4); and
(b) not publish or make available the whole or a part of the submission under section 44NF;
because of the confidential commercial information contained in the submission.
(6) If the Council refuses such a request:
(a) for a written submission — the Council must, if the person who made it so requires, return the whole or the part of it to the person; and
(b) for an oral submission — the person who made it may inform the Council that the person withdraws the whole or the part of it; and
(c) if the Council returns the whole or the part of the submission, or the person withdraws the whole or the part of the submission, the Council must not:
(i) make the whole or the part of the submission available under subsection (4); and
(ii) publish or make available the whole or the part of the submission under section 44NF; and
(iii) have regard to the whole or the part of the submission in making its recommendation on the application.
44NF Publication — Council
(1) The Council must publish, by electronic or other means, a recommendation under section 44M or 44NA and its reasons for the recommendation.
(2) The Council must give a copy of the publication to:
(a) the applicant under section 44M or 44NA; and
(b) the provider of the service.
Timing
(3) The Council must do the things under subsections (1) and (2) on the day the Commonwealth Minister publishes his or her decision on the recommendation or as soon as practicable after that day.
Consultation
(4) Before publishing under subsection (1), the Council may give any one or more of the following persons:
(a) the applicant under section 44M or 44NA;
(b) the provider of the service;
(c) any other person the Council considers appropriate;
a notice in writing:
(d) specifying what the Council is proposing to publish; and
(e) inviting the person to make a written submission to the Council within 14 days after the notice is given identifying any information the person