Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Application by New South Wales Minerals Council (No 2) [2021] ACompT 3 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: JUSTICE O'Bryan (Deputy President) DR D Abraham (Member) Prof K Davis (Member)
Date of determination: 16 June 2021
Date of publication of reasons: 21 June 2021
Catchwords: TRADE PRACTICES – application by the New South Wales Minerals Council for the Tribunal to issue a notice under s 44K(6A) or s 44ZZOAAA(5) seeking the production of specified documents – contention that the documents ought to have been produced to the Tribunal by the designated Minister under s 44ZZOAAA(3)(c) – relevance of contention – proper construction of s 44ZZOAAA(3)(c) – principles governing the exercise of the Tribunal's powers under s 44K(6A) and s 44ZZOAAA(5) – unreasonable delay in making application – application granted in part
Legislation: Competition and Consumer Act 2010 (Cth) ss 44CA, 44F, 44GC, 44H, 44HA, 44J, 44K, 44ZZOA, 44ZZOAA Competition and Consumer Amendment (Competition Policy Review) Act 2017 (Cth) Trade Practices Amendment (Infrastructure Access) Act 2010 (Cth)
Cases cited: AB v Western Australia (2011) 244 CLR 390 Application by Glencore Coal Pty Ltd [2016] ACompT 6 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Federal Commissioner of Taxation v Sara Lee Household & Body Care (Australia) Pty Ltd (2000) 201 CLR 520 K&S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309 Kirkman v Minister Administering the Crown Lands Act (No 2) [2020] NSWSC 1494 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Huynh (2004) 139 FCR 505 Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal (2012) 246 CLR 379 Polaris Coomera Pty Ltd v Minister for the Environment [2021] FCA 254 Tickner v Bropho (1993) 40 FCR 183 Tickner v Chapman (1995) 57 FCR 451 Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167
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