Competition and Consumer Act 2010

Competition and Consumer Act 2010

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Competition and Consumer Act 2010 [Section 44LG-44LK]

Designated Minister Decision on ineligibility [Section 44LG]

If Designated Minister receives any recommendation in relation to ineligibility then Designated Minister has to decide that service which is provided by the service provider that:

  1. Service is not eligible to be a declared service.
  2. The time period for the declared service in force is 20 years.
  3. Service is eligible to be a declared service.

The designated minister decides that service is not eligible to be a declared service if:

  1. The service which is provided as a facility.
  2. Commission decision which has come into force under subsection 44PA (3) in which tender process was approved for construction and operation of the facility.

The designated minister has no need to decide that service is not eligible to be a declared service if he or she is satisfied with the following:

  1. Service is provided by means of the proposed facility when it is constructed.
  2. He or she is not satisfied with any matter which is mentioned in subsection 44H (4) in relation to the service.

Designated minister is required to publish his decision if he does not publish his decision on the ineligibility recommendation within the time period. The time period starts from the first day on which recommendation is received and at the end of the 60 days.

  1. Designated minister has to take immediate decision after the end of 60 days in relation to ineligibility of the recommendation and publishes his decision.
  2. If the council makes an order that the designated minister has to decide the service ineligibility to be declared service, then the time period for taking the decision is in force which is taken to be the period recommended by the council.

Designated Minister has to publish his decision in relation to ineligibility of recommendation and also published the reason for the decision which is taken by him. The decision is published throughway electronic or other means. A copy of the publication has been given by the designated minister to the applicant of the application. But before publication of the decision designated minister has to give a notice in written form to the person who made an application or any other person who is appropriate as according to the designated minister. Designated minister has to specify the proposal in a notice which he published. Persons are invited for giving written submission to designated minister. It is necessary that written submission must be made within 14 days after serving notice. A person can identify that which information is not needed to publish due to the confidential information. Designated minister in regards to the submission also determines and decides what to publish or not.

Council has authority that he gives direction to designated minister that he revoked his decision that a service is ineligible to be a declared service, the council cannot give any recommendation for revoking the decision if:

  1. He is not satisfied that at the time of the recommendation the facility which is used for providing the service is very different from the proposed facility which is mentioned in the application.
  2. Any person who is expected that he is the provider of the service or who is the provider of service which provide service by means of facility requests that it be revoked.

When the designated minister received any recommendation from council for ineligibility decision, then the minister has to decide that he has to either revoke the ineligibility decision or not revoke the ineligibility decision which is taken by him. After taking the decision in relation to revocation of the decision of ineligibility then his decision should be published by the minister by any electronic means or any other means. It depends upon the minister that which method he chooses for publication of the decision. If the designated minister did not revoke his decision, then he has to give the reason for not revoking the ineligibility decision to the person who is expected as a provider of the service which is concerned when the designated minister published his decision.

Deemed decision of the minister

If the designated minister does not publish his revocation decision in relation to revocation or not revocation within the specified period of time, which is started from the day on which recommendation of ineligibility of decision is received, then at the end of the 60 days after that day then designated minister has to take immediate decision that:

  1. He has to take the decision in relation to revocation of ineligibility.
  2. After taking decision he has to publish the decision.

Designated minister has no power to take the decision on ineligibility of the decision without receiving any recommendation from the council for revocation of the decision. If the designated minister revokes the decision, then the decision can come into force within the period of 21 days after the revocation decision is published by the designated minister and no person has an objection in relation to the revocation. If any person has objected and applied in tribunal for making review then tribunal affirms that decision. Any person who is interested in reviewing the decision can apply in tribunal in writing for reviewing the designated minister’s decision. It is necessary that the application is made within the period of 21 days after the decision is passed. A tribunal has the same powers as the designated minister. Tribunal after passing the decision gives the copy to the applicant or another person and publishes his decision.

Review of a decision to revoke or not revoke an ineligibility decision

Any person whose interest is affected from the designated minister then he has to apply in writing to tribunal and it must be within the 21 days after the decision is passed, then the tribunal determined it and the tribunal has the same power of the designated minister. The tribunal has to publish his decision and give copies of the decision to the applicant and other people.