Queensland Competition Authority Act 1997

This section applies to a decision by the authority about making a draft water pricing determination, a water pricing determination or an amendment to a water pricing determination.

Subsection (3) applies if a person gives information (late information) to the authority after the period for giving the information stated by the authority.

The authority may make the decision without taking late information into account if doing so is reasonable in all of the circumstances.

For subsection (3), in deciding whether it is reasonable in all of the circumstances, the following factors must be taken into account—

whether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2);

the length, complexity and relevance of the late information;

how much time has elapsed since the period mentioned in subsection (2) ended;

how advanced the authority’s decision-making process is when the late information is received.

Subsection (6) applies if—

the authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and

the person fails to comply with the requirement.

The authority may make the decision on the basis of the information available to it at the time.

In this section—