Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 44ZW

             (1)  On application by all the parties to a contract, the Commission must:

                     (a)  register the contract by entering the following details on a public register:

                              (i)  the names of the parties to the contract;

                             (ii)  the service to which the contract relates;

                            (iii)  the date on which the contract was made; or

                     (b)  decide not to register the contract.

             (2)  In deciding whether to register a contract, the Commission must take into account:

                    (aa)  the objects of this Part; and

                     (a)  the public interest, including the public interest in having competition in markets (whether or not in Australia); and

                     (b)  the interests of all persons who have rights to use the service to which the contract relates.

          (2A)  The Commission must not register a contract if it deals with a matter or matters relating to access to the service that are dealt with in an access undertaking that is in operation.

             (3)  The Commission must publish a decision not to register a contract.

             (4)  If the Commission publishes a decision not to register a contract, it must give the parties to the contract reasons for the decision when it publishes the decision.