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COMPETITION AND CONSUMER ACT 2010 - SECT 44ZZBC

Time limit for Commission decisions

Commission to make decision on application within 180 days

  (1)   The Commission must make a decision on an access undertaking application or an access code application within the period of 180 days (the expected period ) starting at the start of the day the application is received.

Stopping the clock

  (2)   In working out the expected period in relation to an access undertaking application or an access code application, 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   (4)

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   44ZZBCA(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 published under subsection   44ZZBD(1) inviting public submissions in relation to the application

The day on which the notice is published

The day specified in the notice as the day by which submissions may be made

4

A decision is published under subsection   44ZZCB(4) deferring consideration of whether to accept the access undertaking, in whole or in part, while the Commission arbitrates an access dispute

The day on which the decision is published

The day on which the final determination in relation to the arbitration of the access dispute is made

  (3)   Despite subsection   (2), do not disregard any day more than once.

Stopping the clock by agreement

  (4)   The Commission and:

  (a)   for an access undertaking application--the provider of the service; and

  (b)   for an access code application--the industry body or its replacement;

may agree in writing that a specified period is to be disregarded in working out the expected period.

  (5)   The Commission must publish, by electronic or other means, the agreement.

Deemed final determination

  (6)   If the Commission does not publish under section   44ZZBE an access undertaking decision or an access code decision within the expected period, it is taken, immediately after the end of the expected period, to have:

  (a)   made a decision to not accept the application; and

  (b)   published its decision under section   44ZZBE and its reasons for that decision.


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