Queensland Competition Authority Act 1997

This Act may be cited as the Queensland Competition Authority Act 1997.

Parts 3 and 4 commence on 1 July 1997.

This Act binds the State.

Nothing in this Act makes the State liable to be prosecuted for an offence.

It is the intention of Parliament that this Act should apply, as far as possible, to—

land and things outside Queensland (whether in or outside Australia); and

acts, transactions and things done, entered into or happening outside Queensland (whether in or outside Australia); and

land, things, acts and transactions (wherever situated, done, entered into or happening) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction (including a foreign country).

The dictionary in schedule 2 defines particular words in this Act.

s 6 om 2013 No. 39 s 15

The Queensland Competition Authority is established.

The authority—

is a body corporate; and

has a common seal; and

may sue and be sued in its corporate name.

The authority represents the State.

Without limiting subsection (1), the authority has all the rights, privileges and immunities of the State.

The authority’s functions are—

to develop criteria, and, at the request of the Minister or on its own initiative, to revise the criteria or give information or advice to the Minister about the criteria, to be used by the Minister for deciding whether to declare the following—

a government business activity or non-government business activity to be a monopoly business activity;

a candidate water supply activity to be a monopoly water supply activity; and

to make recommendations to the Minister for the revocation of declarations of monopoly business activities made by the Minister; and

to conduct investigations and report to the Minister about pricing practices relating to monopoly business activities; and

to conduct price monitoring investigations in relation to monopoly business activities and report the results of the investigations to the Minister; and

to advise government agencies about complying with the principle of competitive neutrality; and

to receive, investigate and report on complaints about the alleged failures of government agencies to comply with the principle of competitive neutrality; and

if directed by the Minister—under the direction, to investigate and report to the Minister on any matter relating to competition, industry or productivity; and

to make recommendations to the Minister for the making or revocation of declarations of services under part 5; and

to mediate to resolve access disputes; and

if asked by the parties to access agreements—to mediate to resolve disputes under the agreements; and

to conduct arbitration hearings for resolving access disputes; and

if asked by the parties to access agreements—to arbitrate to resolve disputes under the agreements; and

to conduct arbitration hearings about applications for arbitration under the Water Supply (Safety and Reliability) Act 2008, section 524(2); and

to approve undertakings for services; and

to monitor compliance with approved access undertakings; and

to monitor compliance with water pricing determinations; and

at the request of the Minister, or on its own initiative—to give information or advice to the Minister about—

access codes or proposed access codes, or the contents of access codes or proposed access codes; or

water pricing determination codes or proposed water pricing determination codes, or the contents of water pricing determination codes or proposed water pricing determination codes; and

to make distribution network codes, other than an initial distribution network code, under the Electricity Act 1994 and the Gas Supply Act 2003; and

to monitor compliance with distribution network codes under the Electricity Act 1994 and the Gas Supply Act 2003; and

to review particular decisions under the Electricity Act 1994; and

if directed by the Minister—to monitor compliance by a government agency, or conduct arbitration hearings for resolving disputes about a government agency’s compliance, with a code of conduct the agency has agreed to abide by; and

to perform other functions given to the authority under an Act, including, for example—

performing a function or exercising a power delegated to it under an Act; or

doing an act it is directed to do under an Act; and

to perform a function incidental to a function mentioned in paragraphs (a) to (v).

The authority has all the powers of an individual and may, for example—

enter into contracts; and

acquire, hold, deal with and dispose of property; and

appoint agents and attorneys; and

engage consultants; and

do anything else necessary or convenient to be done for, or in connection with, the performance of its functions.

Without limiting subsection (1), the authority has the powers given to it under this or another Act.

The authority may exercise its powers inside and outside Queensland, including outside Australia.

The authority is subject to the written directions of the Minister in performing its functions.

Despite subsection (1), the authority is not subject to direction by the Minister—

in relation to the conduct of any investigation by the authority (except as provided in subsection (3) and section 24); or

in relation to the content of any report of the authority; or

in performing its functions under part 5.

For the conduct of an investigation by the authority, other than an investigation of a competitive neutrality complaint, the Minister may direct the authority to consult with a stated entity.

The Minister must cause a copy of any direction to be gazetted within 14 days after it is given.

Despite subsection (2), a direction by the Minister under section 10(g) must state how the investigation is to be conducted and, for that purpose, may apply all or stated provisions of part 6 to the investigation.

To the extent the direction applies all or stated provisions of part 6, the part or stated provisions apply to the investigation.