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Competitive Neutrality Complaints

The Australian Government Competitive Neutrality Complaints Office (AGCNCO) provides independent advice to the Government following its investigation into complaints about unfair competition from government businesses as a result of them not complying with their competitive neutrality obligations.

The Office receives and assesses complaints, proceeds with complaints that warrant investigation and provides independent advice to the Treasurer on each matter. The Government is not obliged to accept this advice.

Read more about the AGCNCO

Current investigations

NBN Co

On 30 October 2020, the AGCNCO received a formal complaint against NBN Co that it is not complying with the Australian Government’s competitive neutrality policy. The AGCNCO is proceeding with the complaint and is currently investigating NBN Co’s compliance.

The AGCNCO’s investigation will consider NBN Co’s compliance with all aspects of competitive neutrality policy. This means that the AGCNCO will assess NBN Co’s compliance with the policy’s requirements for debt, tax and regulatory neutrality, for full cost attribution and pricing to recover costs, and for earning a commercial rate of return.

In addition, the AGCNCO will investigate whether NBN Co is facing any significant cost disadvantages arising from government ownership that might offset any advantages of government ownership.


Interested parties with information relevant to the NBN Co complaint investigation are invited to contact the AGCNCO to discuss that information.

Contact Stewart Plain by phone 02 6240 3219 or email cnoffice@pc.gov.au for any queries regarding this investigation.

Australian Business Growth Fund

On 21 December 2020, OnMarket Bookbuilds lodged a formal complaint against the Australian Business Growth Fund (ABGF). That complaint alleged that ABGF was not complying with its obligations for regulatory neutrality, as required under the Australian Government’s competitive neutrality policy.

On 18 June 2021, the AGCNCO requested information from the Australian Prudential Regulation Authority (APRA) concerning their regulatory treatment of investments in the ABGF. APRA provided a response on 25 June 2021.

On 5 August 2021, APRA provided a letter in response to additional questions put to it by the AGCNCO.

On 24 August 2021, OnMarket Bookbuilds submitted a letter which responds to APRA's letter and provides new evidence.

Annex 7 is cited in the letter from OnMarket BookBuilds and relates to an email from RBA. It has not been published given its non public status, but its contents confirm the cited observation made in the letter.


Interested parties with information relevant to the ABGF complaint investigation are invited to contact the AGCNCO to discuss that information.

Contact Stewart Plain by phone 02 6240 3219 or email cnoffice@pc.gov.au for any queries regarding this investigation.

Making a complaint

Any individual, organisation or government body with an interest in the application of competitive neutrality may lodge a complaint, although they are encouraged first to discuss their complaint with AGCNCO staff.

Make a complaint

Completed investigations and research

Competitive Neutrality Investigations

Competitve neutrality investigation reports provide independent advice to the Government following complaints about unfair competition from the public sector.

Competitive Neutrality Research

These research publications are intended to improve the understanding of particular requirements needed to implement competitive neutrality policy, to assist Australian Government agencies in meeting their competitive neutrality obligations, and to indicate factors that the complaints office will take into account when investigating complaints.