Queensland Numbered Acts

QUEENSLAND COMPETITION AUTHORITY AMENDMENT ACT 2005 No. 37 - SECT 13

After section 133--

insert--

'(1) This section applies if the owner and operator of a declared service are different entities.

'(2) In deciding which of the entities to give an initial undertaking notice to, the authority may have regard to the following--

(a) the terms of any contract about the service to which the entities are parties;

(b) the extent to which each entity is able to provide access to the service;

(c) the extent to which each entity is able to give effect to an access undertaking for the service;

(d) any written representations made to it by the entities.

'(1) The authority may by written notice given to an entity mentioned in section 133A(1) require the entity to give the authority, within a reasonable time of at least 14 days stated in the notice, information or a document the authority reasonably requires to have proper regard to the criteria mentioned in section 133A(2).

'(2) The entity must comply with the requirement within the time stated in the notice, unless the entity has a reasonable excuse.

Maximum penalty--500 penalty units or 6 months imprisonment.'.