Law Council of Australia

Business Law Section

Productivity Commission Inquiry into National Access Regime

Submission Date: 20 February 2013

The Competition and Consumer Committee of the Business Law Section of the Law Council of Australia (Committee) welcomes the opportunity to make a submission to the Productivity Commission in relation to its inquiry into the National Access Regime (Part IIIA of the Competition and Consumer Act 2010 (Cth) (CCA) and clause 6 of the Competition Principles Agreement), and the operation and terms of the Competition and Infrastructure Reform Agreement (Inquiry).

On 30 November 2012, the Productivity Commission released an issues paper to assist individuals and organisations to prepare submissions to the Inquiry (Issues Paper). The Issues Paper covers a wide range of important issues, including in relation to the overarching framework for the National Access Regime provided by the Competition Principles Agreement and the regulatory provisions contained in Part IIIA of the CCA for determining access to services provided by nationally significant infrastructure facilities.

This submission focuses on the following issues in relation to which the Committee has particular experience and expertise:

  1. Declaration criterion (b) – the uneconomical for anyone to develop another facility test;
  2. Declaration criterion (f) – the public interest test;
  3. Certification and Undertakings; and
  4. Institutions and processes involved in administering the Part IIIA regulatory framework.

Last Updated on 28/04/2025

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