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Making an application
Following recommendations in the 1993 Hilmer Review, the Commonwealth Government introduced a national access regime for infrastructure services in 1995. The regime, set out at Part IIIA of the Competition and Consumer Act 2010 (Cth) (CCA) (formerly the Trade Practices Act 1974), establishes a legal right for third parties to share the use of certain infrastructure services on reasonable terms and conditions. The regime is confined to the services of major infrastructure facilities where it would be uneconomic to develop another facility to provide the service and where access is needed to promote competition in another market.
On 1 January 2011 the Competition and Consumer Act 2010 (Cth) replaced the Trade Practices Act 1974 (TPA). The National Access Regime (refer to Access to Monopoly Infrastructure in Australia available below for download) previously set out in Part IIIA of the TPA is replicated in Part IIIA of the CCA (sections 29A to 44ZZR). Similarly Part IIA of the CCA which establishes the National Competition Council replicates Part IIA of the TPA. Within these parts of the CCA, section numbers correspond to those in the TPA.
Any applications lodged from 1 January 2011 will be under the CCA.
The Council will update the content of this website and its various guidelines in due course. Until this is done, references to the Trade Practices Act or TPA can be taken as references to the Competition and Consumer Act or CCA.
Part IIIA establishes three pathways for a party to seek access to an infrastructure service
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Through declaration which establishes a right for any party to negotiate terms and conditions of access with the service provider. If negotiations fail, declaration also gives an access seeker the right to seek binding arbitration by the Australian Competition and Consumer Commission (ACCC).
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By using an existing State or Territory access regime. Declaration is not available for infrastructure services that are already the subject of an effective State or Territory access regime. The question of effectiveness of a State or Territory access regime can be predetermined by applying for certification.
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Under terms and conditions set out in a voluntary access undertaking approved by the ACCC.
Access to monopoly facilities
Access to Monopoly Infrastructure in Australia (PDF, 415KB)
State and Territory access regimes
Gas pipeline coverage, classification and form of regulation
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.
