On 22 May 2008 the ACCC commenced a public consultation on the draft Part XIC Procedural Rules 2008 (Draft Rules).
A copy of the Draft Rules, together with an accompanying draft explanatory statement, a related discussion paper and submissions are available below.
The Draft Rules are maintained for archival purposes only as substantive sections of the Draft Rules relate to provisions which were subsequently repealed. The ACCC may still make procedural rules relating to a range of matters and will consult further with industry if a revision of procedural rules is developed.
On 31 July 2008 Telstra submitted a report by Market Clarity in support of its earlier submission on the draft Rules. The documents submitted by Telstra include:
Under s. 152ELA of the Competition and Consumer Act 2010, 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.
