Consideration of possible recommendation to revoke declaration of service at the Port of Newcastle (Council’s final views)

On 26 July 2019, the Minister, the Hon. Josh Frydenberg MP, received a recommendation from the Council under section 44J(1) of the Competition and Consumer Act 2010 (CCA). The Council recommended that the declaration of service at the Port of Newcastle be revoked.

Under s 44J(7) of the CCA, if the Minister has not published a decision on a revocation recommendation within the period starting at the start of the day the recommendation is received and ending 60 days after that day, the designated Minister is taken, immediately after the end of that 60-day period:

(a) to have made a decision that the declaration be revoked; and

(b) to have published that decision in accordance with this section.

The 60-day period in relation to the recommendation made by the Council to revoke declaration of service at the Port of Newcastle ended on 23 September 2019.

The Minister had not published a decision on the Council’s recommendation by the end of this date. Accordingly, it is taken that a decision to revoke the declaration has been made. The Minister made a statement confirming his decision.

The Council’s recommendation is available below.

Documents

Council’s Recommendation, 22 July 2019