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National Access Regime (2001)

Public inquiry

This inquiry has concluded. The inquiry report was released by the Commonwealth Government on 17 September 2002.

The Productivity Commission was asked to undertake a public inquiry into:

  • Clause 6 of the Competition Principles Agreement (CPA) which requires the Commonwealth to establish a national access regime, explains when that regime will apply and details the principles with which an effective State or Territory access regime must comply
  • Part IIIA of the Trade Practices Act 1974 which discharges the Commonwealth's obligations under Clause 6.

As well as clarifying the objectives and analysing the benefits and costs of the current arrangments, the terms of reference directed the Commission to:

  • consider alternative means of achieving the objectives of the arrangements
  • examine mechanisms to improve Clause 6 and Part IIIA processes
  • examine the roles and relationships between the bodies involved in administering the arrangments.

The reference also specified that there was no intention that the inquiry should lead to reconsideration of existing or pending access arrangements agreed to or accepted under Part IIIA.