On 22 May 2008 the ACCC commenced a public consultation on the draft Part XIC Procedural Rules 2008 (Rules). The Rules will apply to various telecommunications specific processes including access undertakings, access dispute resolution, declaration inquiries, pricing principles inquiries and exemption applications.
A copy of the Rules, together with an accompanying draft explanatory statement and a related discussion paper are available below. Interested parties were invited to make submissions on the Rules by 23 June 2008.
Any interested party who lodges a late submission is reminded that if submissions are not provided to the ACCC in a manner which allows for full and timely analysis by the ACCC, less weight may be given to that submission. It is therefore in the submitter’s interest that the submissions be lodged as soon as possible.
Background
Under s. 152ELA of the Trade Practices Act 1974 the ACCC has a broad power to make written rules to deal with the procedures to apply in matters arising under Part XIC of the Act. These rules can modify or displace some procedures currently set out in the Act. The procedural rule-making power is intended to facilitate more timely decision making and provide greater certainty to industry.
The ACCC has previously published a written plan outlining the ACCC's proposals for making procedural rules and an indicative timetable for making them. On 1 February 2006 the ACCC issued a position paper and submissions were received from AAPT, Optus and Telstra. On 24 March 2006 the ACCC released its development plan for the making of the procedural rules. These documents are available below.
