Commerce Amendment Bill

  • enacted

Part 1 Competition studies

4 New Part 3A inserted

After Part 3, insert:

Part 3A Competition studies

48 Interpretation

In this Part, unless the context otherwise requires,—

competition report means a report prepared by the Commission under section 51B

competition study means a study of any factors that may affect competition for the supply or acquisition of goods or services

department means a department of the public service specified in Schedule 1 of the State Sector Act 1988

organisation means any of the following:

(a)

an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975:

(b)

an organisation named in Schedule 1 of the Official Information Act 1982:

(c)

the Auditor-General.

49 Functions of Commission under this Part

The functions of the Commission under this Act include carrying out competition studies, and preparing competition reports, under this Part.

50 Commission may carry out competition study

(1)

The Commission may carry out a competition study if the Commission considers it to be in the public interest to do so.

(2)

Before carrying out a competition study, the Commission must, by notice in the Gazette,—

(a)

prescribe the terms of reference for the study; and

(b)

specify the date by which the Commission will make the final competition report for the study publicly available.

(3)

A copy of the notice must be made publicly available.

(4)

The Commission may amend the notice in the manner set out in subsections (1) to (3).

(5)

The Commission may revoke the notice by further notice in the Gazette.

51 Minister may require Commission to carry out competition study

(1)

The Minister may, by notice in the Gazette, require the Commission to carry out a competition study if the Minister considers it to be in the public interest to do so.

(2)

The notice must—

(a)

prescribe the terms of reference for the study; and

(b)

specify the date by which the Commission must make the final report for the study publicly available.

(3)

A copy of the notice must be made publicly available.

(4)

Before issuing the notice, the Minister must consult the Commission on a draft of the notice.

(5)

The Minister may amend the notice in the manner set out in subsections (1) to (4).

(6)

The Minister, having first consulted with the Commission, may revoke the notice by further notice in the Gazette.

51A Competition study terms of reference

(1)

The terms of reference for a competition study must—

(a)

specify the goods or services, or both, to which the study relates; and

(b)

describe the scope of the study.

(2)

If the study is required by the Minister, the terms of reference may require the Commission to consult any of the following as part of the study:

(a)

departments:

(b)

organisations:

(c)

persons:

(d)

classes of persons.

(3)

If the Commission is carrying out the study on its own initiative, the terms of reference may name any of the following that it intends to consult as part of the study:

(a)

departments:

(b)

organisations:

(c)

persons:

(d)

classes of persons.

(4)

The Commission—

(a)

must carry out the competition study in accordance with the terms of reference; and

(b)

may exercise its discretion in relation to any ancillary matters that are related to, but not explicitly covered by, the terms of reference.

51B Preparation of competition report

(1)

The Commission must prepare a competition report that records its findings from the competition study.

(1A)

The Commission may make recommendations in the report but it is not required to do so.

(2)

The recommendations may, without limitation, include 1 or more of the following:

(a)

changes to legislation or other instruments:

(b)

changes to the policies or practices of central or local government:

(c)

changes to the policies or practices of a person or an organisation responsible for the oversight or regulation of a specified industry:

(d)

changes to the amount or type of information made available by a person or an organisation in relation to a specified industry:

(e)

that a person or an organisation research or monitor a specified matter:

(f)

that persons within a specified industry change their behaviour.

51C Consultation on draft competition report

(1)

Before a competition report is finalised, the Commission must—

(a)

make a draft report publicly available; and

(b)

allow a reasonable time for comments on the draft.

(2)

In preparing its final report, the Commission must have regard to any comments received on the draft report within the time allowed.

51D Publication and status of competition report

(1)

The Commission must—

(a)

provide the final competition report to the Minister; and

(b)

at least 5 working days later, make the final competition report publicly available.

(2)

To avoid doubt, a competition report is not a determination of the Commission.

51E Minister must respond to competition report

The Minister must respond to the final competition report within a reasonable time after the report is made publicly available.