Queensland Competition Authority Amendment Bill 2018 (Qld)

An Act to amend the Queensland Competition Authority Act 1997 for particular purposes The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Queensland Competition Authority Amendment Act 2018.

2 Act amended This Act amends the Queensland Competition Authority Act 1997.

3 Amendment of s 25 (Notice of investigation) (1) Section 25(2)— omit, insert— (2) The notice must be published on the authority's website. (2) Section 25— insert— (3A) The authority may also give the notice to anyone else it considers appropriate. (3) Section 25(3A) and (4)— renumber as section 25(4) and (5).

4 Amendment of s 76 (Access criteria) Section 76(2) and (3)— omit, insert— (2) The access criteria are as follows— (a) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least 1 market (whether or not in Australia), other than the market for the service; (b) that the facility for the service could meet the total foreseeable demand in the market— (i) over the period for which the service would be declared; and (ii) at the least cost compared to any 2 or more facilities (which could include the facility for the service); (c) that the facility for the service is significant, having regard to its size or its importance to the Queensland economy; (d) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest. (3) For subsection (2)(b), if the facility for the service is currently at capacity, and it is reasonably possible to expand that capacity, the authority and the Minister may have regard to the facility as if it had that expanded capacity. (4) Without limiting subsection (2)(b), the cost referred to in subsection (2)(b)(ii) includes all costs associated with having multiple users of the facility for the service, including costs that would be incurred if the service were declared. (5) In considering the access criterion mentioned in subsection (2)(d), the authority and the Minister must have regard to the following matters— (a) if the facility for the service extends outside Queensland— (i) whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and (ii) the desirability of consistency in regulating access to the service; (b) the effect that declaring the service would have on investment in— (i) facilities; and (ii) markets that depend on access to the service; (c) the administrative and compliance costs that would be incurred by the provider of the service if the service were declared; (d) any other matter the authority or Minister considers relevant.