Competition and Consumer Act 2010

A person whose interests are affected by an access undertaking decision or an access code decision may apply in writing to the Tribunal for review of the decision.

The person must apply for review within 21 days after the Commission publishes its decision.

The review by the Tribunal is a reconsideration of the matter based on the information, reports and things referred to in section 44ZZOAA.

There are limits on the information to which the Tribunal may have regard (see section 44ZZOAA) and time limits that apply to the Tribunal’s decision on the review (see section 44ZZOA).

For the purposes of the review, the Tribunal has the same powers as the Commission (other than the power to propose amendments under section 44ZZAAA).

The member of the Tribunal presiding at the review may require the Commission to give assistance for the purposes of the review.

Without limiting subsection (5), the member may, by written notice, require the Commission to give information, and to make reports, of a kind specified in the notice, within the period specified in the notice, for the purposes of the review.

The Tribunal must:

give a copy of the notice to:

the person who applied for review; and

the provider of the service; and

any other person who has been made a party to the proceedings for review by the Tribunal; and

publish, by electronic or other means, the notice.

If the Commission:

accepted an access undertaking or access code; or

consented to the withdrawal or variation of an access undertaking or access code; or

consented to the revocation or variation of a fixed principle under subsection 44ZZAAB(7); or

extended the period for which an access undertaking or access code is in operation;

If the Commission:

rejected an access undertaking or access code; or

refused to consent to the withdrawal or variation of an access undertaking or access code; or

refused to consent to the revocation or variation of a fixed principle under subsection 44ZZAAB(7); or

refused to extend the period for which an access undertaking or access code is in operation;

affirm the Commission’s decision; or

set aside the Commission’s decision and accept the undertaking or code, consent to the withdrawal or variation of the undertaking or code, consent to the revocation or variation of the fixed principle or extend the period for which the undertaking or code is in operation.