Queensland Competition Authority Act 1997

This section sets out the matters (the access criteria) about which—

the authority is required to be satisfied for recommending that a service be declared by the Minister; and

the Minister is required to be satisfied for declaring a service.

The access criteria are as follows—

that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least 1 market (whether or not in Australia), other than the market for the service;

that the facility for the service could meet the total foreseeable demand in the market—

over the period for which the service would be declared; and

at the least cost compared to any 2 or more facilities (which could include the facility for the service);

that the facility for the service is significant, having regard to its size or its importance to the Queensland economy;

that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest.

For subsection (2)(b), if the facility for the service is currently at capacity, and it is reasonably possible to expand that capacity, the authority and the Minister may have regard to the facility as if it had that expanded capacity.

Without limiting subsection (2)(b), the cost referred to in subsection (2)(b)(ii) includes all costs associated with having multiple users of the facility for the service, including costs that would be incurred if the service were declared.

In considering the access criterion mentioned in subsection (2)(d), the authority and the Minister must have regard to the following matters—

if the facility for the service extends outside Queensland—

whether access to the service provided outside Queensland by means of the facility is regulated by another jurisdiction; and

the desirability of consistency in regulating access to the service;

the effect that declaring the service would have on investment in—

facilities; and

markets that depend on access to the service;

the administrative and compliance costs that would be incurred by the provider of the service if the service were declared;

any other matter the authority or Minister considers relevant.