Local Government Regulation 2012

The competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to—

the relevant local government; and

if a corporatised business entity is conducting the business activity—the corporatised business entity.

The report must state whether or not the competition authority considers the complaint has been substantiated.

If the competition authority decides the business entity has a competitive advantage, the report must include—

recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and

the reasons for the recommendations; and

for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage.

The statutory building functions are the building functions under the Building Act or Planning Act that—

only a local government can provide; and

a building certifier under the Building Act relies on.

If the competition authority decides the business entity suffers a competitive disadvantage, the report must include—

recommendations on how the business entity can overcome the competitive disadvantage; and

the reasons for the recommendations; and

comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.