Competition and Consumer Act 2010

The Commission may, by writing, revoke a decision to approve a tender process as a competitive tender process if it is satisfied that the assessment of the tenders was not in accordance with that process.

The Commission may invite public submissions on any proposed revocation decision: see section 44PE.

The Commission must publish its decision: see section 44PF.

The Commission may, by writing, revoke a decision to approve a tender process as a competitive tender process if it is satisfied that the provider of a service:

specified under paragraph 44PA(2)(a); and

being provided by means of the facility concerned;

The Commission may invite public submissions on any proposed revocation decision: see section 44PE.

The Commission must publish its decision: see section 44PF.

Before making a decision under subsection (2), the Commission must give the applicant under subsection 44PA(1), and the provider of the service, a written notice:

stating that the Commission is proposing to make such a decision and the reasons for it; and

inviting the person to make a written submission to the Commission on the proposal; and

stating that any submission must be made within the period of 40 business days after the notice is given.

The Commission must consider any written submission received within that period.

If:

the Commission approves a tender process as a competitive tender process; and

the Commission gives the applicant a notice under subsection 44PB(1) or (3); and

the applicant does not comply with the notice within the period of 40 business days beginning on the day on which the notice is given;

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