Queensland Competition Authority Act 1997

This section applies to a draft access undertaking, whether or not amending an approved access undertaking, given to the authority by an owner or operator of a declared service or a responsible person—

in response to an initial undertaking notice or initial amendment notice; or

without receiving an initial undertaking notice or initial amendment notice.

The authority must use its best endeavours to decide whether to approve, or refuse to approve, the draft access undertaking within 6 months from—

if the authority decides, within 2 weeks from the day the undertaking was given to the authority, to conduct an investigation for making the decision—the last day of the time for making submissions stated in an investigation notice for the investigation under section 146(2)(c); or

otherwise—the day that is 2 weeks from the day the undertaking was given to the authority.

However, the 6 month period mentioned in subsection (2) does not include any of the following days—

if the authority conducts an investigation for making the decision and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation—a day in the period—

starting on the day the notice is given to the person; and

ending on the day the person complies with the notice;

if the authority publishes the draft access undertaking, or another document about the undertaking, and invites persons to make submissions on the undertaking or document to the authority within a stated period—a day in the period for making submissions stated by the authority;

if the owner or operator of the service, or the responsible person, agrees to a day not being included in the 6 month period—a day agreed to by the person.

The authority must publish a notice on its website, while the authority is considering a draft access undertaking, stating—

the day the 6 month period mentioned in subsection (2) started or will start; and

the day the period will end; and

for a day not included in the period under subsection (3)—the reason the day is not included in the period.

If the authority fails to decide whether to approve, or refuse to approve, the draft access undertaking within the 6 month period mentioned in subsection (2), it must, as soon as practicable after the period ends—

prepare a written notice stating—

the reasons for the authority’s failure; and

details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and

publish the notice on its website; and

give a copy of the notice to—

the owner or operator of the service, or the responsible person; and

the Minister.