Queensland Consolidated Acts

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QUEENSLAND COMPETITION AUTHORITY ACT 1997 - SECT 136A

136A Compulsory amendment of draft access undertaking for declared service given voluntarily

(1) This section applies if—

(a) a following person (the relevant person) gives a draft access undertaking for a declared service to the authority under section 136—
(i) the owner or operator of the declared service;
(ii) a person who expects to be the owner or operator of the declared service; and
(b) the authority refuses to approve the draft access undertaking mentioned in paragraph (a); and
(c) the authority has previously refused to approve a draft access undertaking given to it under section 136 by the relevant person.

(2) The notice given to the relevant person under section 136(5) may include a request for the relevant person to—

(a) amend the draft access undertaking mentioned in subsection (1)(a) in the way the authority considers appropriate; and
(b) give the authority a copy of the amended draft access undertaking within—
(i) 60 days of receiving the notice; or
(ii) if the period is extended under subsection (3)—the extended period.

(3) The authority may, during the period mentioned in subsection (2)(b)(i), extend the period within which the amended draft access undertaking must be given to the authority by giving the relevant person a written notice stating the day the extended period ends.

(4) The day stated in a notice under subsection (3) must be no later than 90 days after the relevant person received the notice given under section 136(5).

(5) If the relevant person complies with a request under subsection (2), the authority may approve the draft access undertaking.

(6) If the relevant person does not comply with a request under subsection (2), the authority may prepare, and approve, a draft access undertaking for the service in relation to the relevant person.



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