Application for certification of the South Australian Ports Access Regime

On 22 January 2021, the Council received an application under section 44NA of the Competition and Consumer Act 2010 from the Premier of South Australia, the Hon Steven Marshall MP, for certification of the South Australian ports access regime.

The South Australian ports access regime was previously certified on 9 May 2011 as an effective access regime for a period of ten years. The applicant requests that the Council recommend to the Commonwealth Minister that the regime be certified for a further period of ten years.

The Council invited interested parties to make written submissions on the application. Submissions closed on Friday 26 February 2021.

On 10 May 2021 the Council issued a notice requesting information from interested parties. A copy of this notice is available under the 'submissions on application' tab.

On 2 July 2021, the Council released its Draft Recommendation on the South Australian Government’s application to extend the certification of the South Australian ports access regime. The Council's proposed recommendation to the Commonwealth Minister (the Treasurer) was that the access regime be extended for a period of 10 years. The Council invited written submissions on the Draft Recommendation from interested parties. Submissions closed on Friday 16 July 2021. 

On 4 August 2021, the Council President wrote to the Treasurer to notify him of the Council's decision under s 44NC(7) of the Competition and Consumer Act 2010, to extend the consideration period for the SA Ports access regime certification application by a further 28 days. Following the subsequent issuance of two information requests which 'stopped the clock' on the consideration period under s 44NC(3), the Council will now provide the Final Recommendation to the Treasurer on or before 29 September 2021.

On 29 September 2021, the National Competition Council sent to the responsible Minister, the Hon Josh Frydenberg MP, its final recommendation on the South Australian Government’s application to extend the certification of the South Australian ports access regime.

The responsible Minister has 60 days after receipt of the Council’s recommendation to publish his decision and reasons. If the Minister has not published his decision within 60 days, the Minister will be deemed to have made a decision in accordance with the Council’s recommendation (Section 44H(9) of the Competition and Consumer Act 2010).