Access to monopoly infrastructure

Access regulation seeks to promote effective competition in markets that depend on using the services of infrastructure that cannot be economically duplicated.

Current matters

Port

Application for certification of the South Australian Ports Access Regime

On 22 January 2021, the Council received an application under section 44NA of the Competition and Consumer Act 2010 from the Premier of South Australia, the Hon Steven Marshall MP, for certification of the South Australian ports access regime.

On 29 September 2021, the National Competition Council sent to the responsible Minister, the Hon Josh Frydenberg MP, its final recommendation on the South Australian Government’s application to extend the certification of the South Australian ports access regime.

The responsible Minister has 60 days after receipt of the Council’s recommendation to publish his decision and reasons. If the Minister has not published his decision within 60 days, the Minister will be deemed to have made a decision in accordance with the Council’s recommendation (Section 44H(9) of the Competition and Consumer Act 2010).

Current status - 5. Final recommendation and decision

Train on railway

Application for certification of the South Australian Rail Access Regime

On 14 September 2021, the Council received an application under section 44M of the Competition and Consumer Act 2010 from the Premier of South Australia, the Hon Steven Marshall MP, for certification of the South Australian rail access regime.

The Council invited interested parties to make written submissions on the application by Friday 8 October 2021. No submissions were received.

After considering the application, the Council will release a draft recommendation and provide a further opportunity for public comment before making its final recommendation to the responsible Minister.

Current status - 2. Submissions on application