Competition and Consumer Act 2010

The Commission may publish, by electronic or other means, a notice inviting public submissions on an access undertaking application or an access code application if it considers that it is appropriate and practicable to do so.

The notice must specify how submissions may be made and the day by which submissions may be made (which must be at least 14 days after the day the notice is published).

Subject to subsection (6), in making its decision on the application, the Commission:

must have regard to any submission made on or before the day specified in the notice; and

may disregard any submission made after the day specified in the notice.

The Commission may make any written submission, or a written record (which may be a summary) of any oral submission, publicly available.

A person may, at the time of making a submission, request that the Commission:

not make the whole or a part of the submission available under subsection (4); and

not publish or make available the whole or a part of the submission under section 44ZZBE;

If the Commission refuses such a request:

for a written submission—the Commission must, if the person who made it so requires, return the whole or the part of it to the person; and

for an oral submission—the person who made it may inform the Commission that the person withdraws the whole or the part of it; and

if the Commission returns the whole or the part of the submission, or the person withdraws the whole or the part of the submission, the Commission must not:

make the whole or the part of the submission available under subsection (4); and

publish or make available the whole or the part of the submission under section 44ZZBE; and

have regard to the whole or the part of the submission in making its decision on the application.