Dr Vertigan is consulting with SCO officials undertaking the Review and is cognisant of the issues under consideration. Both reports will be presented to Ministers in December. Amendments to the CCA On 24 November 2015, the Australian Government released its response to the Competition Policy Review (the Harper Review) and on 16 March 2016, the Government further agreed to implement the Review’s recommended changes to section 46 of the CCA concerning the misuse of market power. On the 5 September 2016, the Government released an Exposure Draft of the Competition and Consumer Amendment (Competition Policy Review) Bill 2016. The Exposure Draft includes amendments to section 46 on the misuse of power, as well as a number of other amendments to the CCA which were supported by the Government, including, but not limited to, amending the National Access Regime declaration criteria. The Exposure Draft is available at: . The Government invited stakeholders to provide written feedback on the Exposure Draft by 5pm (AEST) Friday 30 September 2016. Declaration criteria The National Access Regime provides a regulatory framework for third parties to seek access to nationally significant infrastructure services owned and operated by others. The Regime provides a means of promoting competition in markets where the ability to compete effectively is dependent on being able to use a service provided by a piece of nationally significant infrastructure. The Regime was reviewed by the Productivity Commission in 2013, and then by the Harper Review in 2015. Both review processes examined the application of the declaration criteria, and whether it was effectively promoting the objectives of the Regime by promoting effective competition in dependent markets. As part of the Government response to the Harper Review, the Government decided to implement all of the recommendations of the Productivity Commission relating to the declaration criteria. The amendments seek to refocus and clarify the intent of the Regime, in particular the declaration criteria that the NCC and designated Minister must be satisfied of in order to recommend that a service be declared, as this determines when arbitration by the ACCC will and will not be available to access seekers or access providers. Importantly, in reviewing the declaration criteria, the Productivity Commission highlighted that where competition is not disrupted but monopoly pricing exists, a different form of intervention may be required, such as through the application of industry specific access regimes, citing the example of electricity networks.
Dr Vertigan is consulting with SCO officials undertaking the Review and is cognisant of the issues under consideration. Both reports will be presented to Ministers in December. Amendments to the CCA On 24 November 2015, the Australian Government released its response to the Competition Policy Review (the Harper Review) and on 16 March 2016, the Government further agreed to implement the Review’s recommended changes to section 46 of the CCA concerning the misuse of market power. On the 5 September 2016, the Government released an Exposure Draft of the Competition and Consumer Amendment (Competition Policy Review) Bill 2016. The Exposure Draft includes amendments to section 46 on the misuse of power, as well as a number of other amendments to the CCA which were supported by the Government, including, but not limited to, amending the National Access Regime declaration criteria. The Exposure Draft is available at: . The Government invited stakeholders to provide written feedback on the Exposure Draft by 5pm (AEST) Friday 30 September 2016. Declaration criteria The National Access Regime provides a regulatory framework for third parties to seek access to nationally significant infrastructure services owned and operated by others. The Regime provides a means of promoting competition in markets where the ability to compete effectively is dependent on being able to use a service provided by a piece of nationally significant infrastructure. The Regime was reviewed by the Productivity Commission in 2013, and then by the Harper Review in 2015. Both review processes examined the application of the declaration criteria, and whether it was effectively promoting the objectives of the Regime by promoting effective competition in dependent markets. As part of the Government response to the Harper Review, the Government decided to implement all of the recommendations of the Productivity Commission relating to the declaration criteria. The amendments seek to refocus and clarify the intent of the Regime, in particular the declaration criteria that the NCC and designated Minister must be satisfied of in order to recommend that a service be declared, as this determines when arbitration by the ACCC will and will not be available to access seekers or access providers. Importantly, in reviewing the declaration criteria, the Productivity Commission highlighted that where competition is not disrupted but monopoly pricing exists, a different form of intervention may be required, such as through the application of industry specific access regimes, citing the example of electricity networks.
Examination%20of%20the%20gas%20pipeline%20coverage%20test%20Consultation%20Paper%20%E2%80%93%20October%202016.docx