Regulated Third Party Access to Infrastructure ----- A Perspective on the Australian Experience

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Regulated Third Party Access to
Infrastructure-----A Perspective on the
Australian Experience

• John Feil
• Executive Director National Competition
  Council
• ----------------
• Australian Competition and Consumer Commission
• Eighth ACCC Regulatory Conference
• The evolution of regulation

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Regulation Debates
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Australian Access Regulation
Coordinated State Access Regimes
TPC Part XIC
Gas Pipelines Electricity
Telecommunications
State Access Regimes
TPA - Part IIIA
Ports Rail Grain handling Water
National Access Regime
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Part IIIA Framework for Access
Access option Regulator
Private commercial negotiation and agreement Not regulated
Effective State or Territory access regimes NCC (Certification) ACCC/State regulators - IPART, ERA, ESCOSA
Access undertakings ACCC
Declaration NCC/Minister or Premier/ACCC
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Declaration Criteria
NCC/Decision Maker/Competition Tribunal must be affirmatively satisfied that NCC/Decision Maker/Competition Tribunal must be affirmatively satisfied that
(a) Access would promote a material increase competition in a dependent market
(b) It is uneconomical to develop another facility to provide the service
(c) Facility is of national significance
(d) Access can be provided without undue risk to health and safety
(e) Access not already subject to an effective access regime
(f) Access not contrary to the public interest
TPA s44G(2)
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Other requirements
Cannot declare if
Economic to develop another facility to provide part of the service TPA s44F(4)
Publicly owned facility subject to competitive tender process approved by ACCC TPA s44H(3A)
Supply of goods TPA s44B
Use of a production process TPA s44B
Use of intellectual property TPA s44B
Subject to approved access undertaking TPA s44G(1)
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Declaration Applications Timing Outcome
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Declaration Applications Facility Type
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Certification Applications Timing Outcome
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Certification Applications Facility Type
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Timeliness
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Timeliness
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4 Month Process Key Milestones
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References and Sources

• www.ncc.gov.au
• NCC recommendations, submissions etc.,
  application guides and templates, decision makers
  reasons
• Hilmer Report
• www.pc.gov.au
• Review reports
• www.coag.gov.au
• Communiqués, Intergovernmental Agreements