Declaration
Declaration is a pathway available under Part IIIA of the Competition and Consumer Act 2010 (Cth) for third parties to share the use of certain infrastructure facilities of national significance (ie to have a service provided by a facility declared). Further information can be found in the document Access to Monopoly Infrastructure in Australia available below for download.
If a service is declared, access seekers acquire a legal right to:
negotiate access to the service with the service provider; and
if necessary, have their request for access determined through arbitration by the Australian Competition and Consumer Commission (ACCC).
A party wanting access to a particular service may apply to the Council to have the service 'declared'. The Council considers the application before forwarding a recommendation to the designated Minister, who decides whether to declare the service. The Minister's decision may be appealed to the Australian Competition Tribunal. The Council cannot recommend that a service be declared unless it is affirmatively satisfied that all of the four criteria in section 44CA of the Competition and Consumer Act 2010 (Cth) are met.
The Council must also consider whether the facility that is used (or will be used) could meet the total foreseeable demand in the market over the declaration period and at least costs compared to two or more facilities.
The Council has prepared a Guide to Declaration which reflects the Council's current thinking as it has evolved through dealing with applications since 1996, and draws on relevant decisions of the Australian Competition Tribunal and the Courts. The Council notes, however, that each application raises its own unique issues. As such, the Council's thinking continues to evolve and the views expressed in the guide are neither definitive nor binding.
Parties contemplating an application for declaration should have regard to the Council's Guide to Declaration. While it cannot prejudge any application the Council also encourages potential applicants to contact the Council Secretariat in advance of lodging an application.
Declaration of Services, A guide to Part IIIA of the CCA 2010, April 2018 (PDF, 844KB)
Access to Monopoly Infrastructure in Australia (PDF, 413KB)
Latest updates
The National Competition Council has delivered its final report to support the review of Australia’s mutual recognition schemes for workers.
The Council was asked to consider how the schemes affect productivity, workforce flexibility and consumer choice, and identify practical pathways to remove unnecessary licensing barriers.
Overall, the Council found mutual recognition schemes are providing benefits to workers and businesses, but their effectiveness has been hindered by incomplete participation, limited information sharing between regulators, and a lack of broader regulatory alignment across jurisdictions.
The Council also found that, while careful assessment of costs is required, national licensing can deliver large benefits for labour mobility in some occupations by solving many of the practical implementation challenges of mutual recognition.
National licensing is not the most appropriate solution for every occupation. The strongest case exists where:
• the occupation has a large workforce or is economically significant
• workers commonly move for work or work across borders remotely
• the occupation involves significant risks that would benefit from nationally consistent standards
• the occupation is underpinned by nationally consistent training and/or internationally recognised standards
• tripartite support for a national scheme exists.
Engineering is an example of such an occupation. Electricians are another example we observed very strong support for national licensing from both employer groups and unions in the Electrical sector.
In many occupations, a staged approach may be preferable. This could begin with improvements to the mutual recognition schemes, including greater regulatory harmonisation, before progressing towards national licensing.
The Council identified practical opportunities to strengthen the schemes, including by improving regulatory consistency, creating new infrastructure to enable better data collection and information sharing, and strengthening governance and oversight to support coordination and ensure reforms are enduring.
The Council thanks all those who contributed to the Review through roundtable discussions, bilateral meetings and written submissions.
The Review is intended to inform future policy development to reduce unnecessary occupational licensing barriers and support a more seamless national labour market.
The Workplan sets out a forward-looking agenda to advance competition reform which seeks to spark national collaboration, deliver practical outcomes and unlock new opportunities for a more dynamic Australian economy.
The Albanese Government has appointed Mr Marcus Bezzi as part time President and Ms Catherine Dermody, the Hon Dr Craig Emerson and Ms Sally McMahon as part time Councillors of the National Competition Council from 18 February 2026. Bringing exceptional expertise across competition, law, economics and regulation, these appointments strengthen the NCC’s leadership in driving Australia’s competition reform agenda and reflect the Government’s continued commitment to appointing outstanding women to key roles.
