Application for certification of the South Australian Ports Access Regime (Final recommendation and decision)

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).

The 60 day period, in relation to the recommendation made by the Council, ended on 29 November 2021. The Treasurer did not publish a decision on the Council’s recommendation by the end of this date. Accordingly, the Council’s recommendation, that certification of the access regime be extended for a period of ten years, applies.

The Council’s recommendation is available below.


South Australian Ports Access Regime - Final Recommendation