A new guide to Part IIIA of the Trade Practices Act 1974 has been published.
Part IIIA of the Trade Practices Act established a legal regime to facilitate access to the services of certain facilities of national significance.
The Australian Competition and Consumer Commission takes part in arbitration of disputes over access to facilities declared to be essential under the terms of the Act and in the assessment of undertakings by owners/operators of facilities.
"To promote understanding of the Part IIIA provisions the ACCC has published a number of guides of which Access undertakings: A guide to Part IIIA of the Trade Practices Act is the latest," ACCC Chairman, Professor Allan Fels, said today.
"This guide differs from earlier publications as it reflects the experience gained over the past few years.
"The guide outlines in some detail: procedures for assessment and lodgment of access undertakings;
- the legislative criteria for assessment of undertakings and the main factors the ACCC considers in applying them; and
- guidance on what an owner/operator of a facility should include in an undertaking. "The ACCC recognises the complexity of issues involved in applying Part IIIA and sees feedback as important in formulating its approach to undertakings.
"For these reasons the guide is not prescriptive but aims to assist interested parties understand and use undertakings. The guide is structured to help service providers and other interested parties understand what is involved in having an access undertaking accepted by the ACCC".
The guide is available from all ACCC offices, or by telephoning (02) 6243 1143, and costs $10.