Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Application by New South Wales Minerals Council [2021] ACompT 2 Review of: Decision of the Designated Minister under s 44H of the Competition and Consumer Act 2010 (Cth) not to declare services at the Port of Newcastle made on 16 February 2021
File number: ACT 1 of 2021
Tribunal: O'Bryan J (Deputy President)
Date of Determination: 20 May 2021
Catchwords: TRADE PRACTICES – review under s 44K of the Competition and Consumer Act 2010 (Cth) of a decision not to declare services – application for intervention by the Australian Competition and Consumer Commission – consideration of the procedural powers of the Tribunal in a review under s 44K – nature of a review under s 44K – whether the Australian Competition and Consumer Commission has an interest in the review that warrants the grant of leave to intervene – application dismissed
Legislation: Competition and Consumer Act 2010 (Cth) ss 31, 37, 39, 41, 42, 44CA, 44F, 44H, 44K, 44K, 44KA, 44KB, 44V, 44ZP, 44ZQ, 44ZZOA, 44ZZOAA, 44ZZOAAA, 44ZZOAAA, 44ZZP, 87CA, 103, 104, 106, 108, 109, 110 Trade Practices Amendment (Infrastructure Access) Act 2010 (Cth) Competition and Consumer Regulations 2010 (Cth) regs 22, 22B, 28K, 28L, 28M
Cases cited: Application for Authorisation of Acquisition of Macquarie Generation by AGL Energy Limited [2014] ACompT 1 Applications by Tabcorp Holdings Limited [2017] ACompT 5 Auskay International Manufacturing & Trade Pty Ltd v Qantas Airways Limited [2010] FCA 521 BUSB v The Queen (2011) 80 NSWLR 170 Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal [2020] FCAFC 145; (2020) 382 ALR 331 Grassby v The Queen (1989) 168 CLR 1 John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 Managing Director, New South Wales Technical and Further Education Commission v Fines (1993) 32 NSWLR 385 Melway Publishing Pty Ltd v Robert Hicks Pty Ltd (2001) 205 CLR 1 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435 Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal (2012) 246 CLR 379 Queensland Wire Industries Pty Ltd v BHP Proprietary Co Limited (1989) 167 CLR 177 Re Fortescue Metals Group Ltd [2006] ACompT 6; 203 FLR 28 Re Freight Victoria Ltd [2002] ACompT 1; ATPR 41-884 Re Herald & Weekly Times Ltd (1978) 17 ALR 281; ATPR 40-058 Re Lakes R Us Pty Ltd [2006] ACompT 3; 200 FLR 233 Roadshow Films Pty Ltd v iiNet Limited (2011) 248 CLR 37
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