F1996B01420 — Competition and Consumer Regulations 2010

1 Name of Regulations These Regulations are the Competition and Consumer Regulations 2010 . 2 Interpretation (1) In these Regulations: Act means the Competition and Consumer Act 2010 . AEMO means Australian Energy Market Operator Limited (ACN 072 010 327). approved form means a form approved under regulation 4A. Audit Bureau of Circulations means the organisation formed in 1932 which audits print circulation for the media industry. CDR data held by AEMO means CDR data of which AEMO is a data holder because of the energy sector designation. Competition Code has the same meaning as in Part XIA of the Act. energy retailer means a retailer within the meaning of the energy sector designation. energy sector designation means the Consumer Data Right (Energy Sector) Designation 2020 . large proprietary company has the meaning given by subsection 45A(3) of the Corporations Act 2001 . proprietary company has the meaning given by subsection 45A(1) of the Corporations Act 2001 . subsidiary has the meaning given by section 9 of the Corporations Act 2001 . (2) In these Regulations, a reference to a Form by a letter, or letters, is a reference to the Form so lettered in Schedule 1. (3) In these Regulations (including any form provided for by these Regulations), unless the contrary intention appears (from section 150C of the Act or otherwise): (a) a reference to the Act, or to the Act and these Regulations, includes a reference to the Competition Code; and (b) a reference to a provision of the Act (including a reference to a Part, Division or Subdivision of the Act) includes a reference to that provision having effect as a provision of the Competition Code; and (c) a reference to a provision of these Regulations (including a reference to a Part of these Regulations) includes a reference to that provision having effect as a provision of the Competition Code. 3 Computation of time (1) Where a period of time dating from a given day, act or event is prescribed by or allowed under these Regulations for doing an act or taking a proceeding, the time shall be reckoned exclusive of the day, or of the day of the act or event, from which the time dates. (2) Where the time prescribed by or allowed under these Regulations for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day on which the office of the Registrar is closed, the act may be done or the proceeding may be taken on the first day following that is not a Saturday, Sunday or day on which that office is closed. 4 Directions in Forms A person completing any document that is required to be in accordance with a Form in Schedule 1 or Schedule 3 shall complete that document in accordance with any directions contained in the Form, including any directions with regard to the furnishing of other documents. 4A Approved form The Commonwealth Minister may, in writing, approve a form for a purpose authorised or required by these Regulations. 4AA Registrar of the Tribunal In this Part, unless the contrary intention appears: Registrar means the Registrar of the Tribunal and, except in subregulation 15(3), includes a Deputy Registrar. 5 Seal of the Commission (1) The seal of the Commission shall be of a design approved by the Chairperson and shall include: (a) the Commonwealth Arms, that is to say, the Armorial Ensigns and Supporters granted and assigned for the Commonwealth of Australia by Royal Warrant dated 19 September 1912; and (b) the words “Australian Competition and Consumer Commission”. (3) The seal of the Commission shall be affixed by or with the authority of the person performing the duties of Secretary to the Commission to such documents as are required by these Regulations or by a direction of a member of the Commission to be sealed with the seal of the Commission. 6 Offices of Commission (1) The Commission shall maintain an office at each of the following places, namely, Canberra, Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart and Darwin, and shall maintain offices at such other places as it determines. (2) The Commission shall notify in the Gazette the address of each of its offices and any change in such an address. 6AA Federal Court orders about energy laws (1) For paragraph 44AAG(2)(e) of the Act, the following kinds of orders are prescribed: (a) an order that includes a direction that the loads of the person to whom the order applies be disconnected in accordance with the rules; (b) an order that includes a direction that the person to whom the order applies be suspended from, as the case requires, purchasing or supplying electricity through the wholesale exchange operated and administered by AEMO. Note: The Commonwealth, State and Territory co ‑ operative scheme is set out in legislation. The National Electricity (South Australia) Act 1996 of South Australia is the lead legislation, and has been applied by the other participants in the scheme as a law of their jurisdictions. AEMO is the operator of the electricity wholesale exchange. (2) In subregulation (1): rules means rules mentioned in paragraph (c) of the definition of South Australian Electricity Legislation in subsection 4(1) of the Act, to the extent that they apply as part of: (a) a uniform energy law that is applied as a law of the Commonwealth; or (b) a State/Territory energy law. Note: Uniform energy law and State/Territory energy law are defined in subsection 4(1) of the Act. 6A Application to Council for declaration recommendation An application to the Council under subsection 44F(1) of the Act for a declaration recommendation in respect of a particular service must include the following information: (a) the applicant’s name and, if the applicant is the designated Minister or an organisation, the name and contact details of a contact officer for the Minister or organisation; (b) the applicant’s address for the delivery of documents (which may be an electronic address), including the notification of any decision of the designated Minister or the Council, relating to the application or the declaration recommendation; (c) a description of the service and of the facility used to provide the service; (d) the name of the provider, or of each provider, of the service and, if a provider does not own the facility, the name of the owner, or of each owner, of the facility, as the case requires; (e) the reason for seeking access (or increased access) to the service; (f) the applicant’s reasons for believing that all of the declaration criteria for the service are satisfied; (l) a description of efforts, if any, that have been made to negotiate access to the service. 6B Application to the Council for a recommendation on the effectiveness of an access regime An application to the Council under subsection 44M(2) of the Act for a recommendation on the effectiveness of a regime for access to a service must include the following information: (a) the name of the State or Territory on whose behalf the application is made; (b) the name and designation of the responsible Minister for the State or Territory; (c) the name and contact details of a contact officer for the State or Territory; (d) the responsible Minister’s address for the delivery of documents, including the notification of any decision of the Commonwealth Minister or the Council, relating to the application or the recommendation; (e) a description of the access regime (including a copy of any relevant legislation); (f) a description of the service; (g) grounds in support of the application. 6BA Application to the Council for a recommendation to revoke a decision that a regime is an effective access regime An application to the Council under subsection 44NBA(3) of the Act for a recommendation in respect of a regime for access to a particular service must include the following information: (a) the applicant’s name and, if the applicant is the responsible Minister or an organisation, the name and contact details of a contact officer for the Minister or organisation; (b) the applicant’s address for the delivery of documents (which may be an electronic address), including the notification of any decision of the responsible Minister or the Council, relating to the recommendation; (c) a description of the access regime; (d) grounds in support of the application. Note: For the application to be successful, the grounds in support of the application would need to satisfy the Council of the matters in subsection 44NBA(5) of the Act. 6C Notification of access dispute (1) A notification under section 44S of the Act of an access dispute in relation to a declared service must include the following information: (a) the name of the person notifying the dispute (in this regulation called the notifier ) and, if the notifier is not an individual, the name and contact details of a contact person for the notifier; (b) the notifier’s address for the delivery of documents relating to matters arising out of the notification (which may be an electronic address); (c) whether the notifier is the provider or the third party and: (i) if the notifier is the provider—the name and other particulars of the third party; or (ii) if the notifier is the third party—the name and other particulars of the provider, or of each provider, of the service and, if the provider does not own the facility, the name of the owner, or of each owner, of the facility, as the case requires; (d) a short description of the business (existing and anticipated) of the notifier; (e) a description of the service and of the facility used to provide the service; (f) a description of the access dispute, including: (i) whether the dispute is about the varying of existing access arrangements and, if so, a description of those arrangements; and (ii) each aspect of the access to the service on which the parties to the dispute are able to agree; and (iii) each aspect of the access to the service on which the parties to the dispute are not able to agree; (g) a description of efforts, if any, to resolve the dispute; (h) to the best of the notifier’s knowledge, particulars of: (i) any existing user of the service, including a brief description of how, if at all, access would affect the user; and (ii) any person having a right (contractual or otherwise) to require the provider to provide the service to that person, including a description of how, if at all, access would affect that right; (j) whether access would involve extending the facility; (k) to the best of the notifier’s knowledge, an estimate or description of the direct costs of providing access to the service to the third party, indicating who will bear those costs; (l) whether access will involve the third party becoming the owner (or one of the owners) of any part of the facility, or of extensions of the facility, and, if so: (i) a short description of the circumstances by which the third party’s ownership would arise; and (ii) whether the provider consents, or will consent, to the third party becoming an owner; (m) a description of one or more methods by which access to the service can be provided and details of any risk to human health or safety caused by that method or those methods; (n) if the notifier is the third party—a short description of the benefits from allowing access to the service, or increased access to the service, as the case requires. (2) The notifier must pay to the Commission, in respect of a notification, a fee of $2,750. (3) A fee under subregulation (2) is payable at the time of giving the notification. 6D Withdrawal of notification (1) A withdrawal of a notification, under section 44T of the Act: (a) must be by notice in writing to the Commission; and (b) must include the following information: (i) the name of the person withdrawing the notification; (ii) whether the person withdrawing the notification is the provider or the third party; (iii) a short description of the access dispute to which the notification relates; (iv) a reference to the relevant paragraph or subparagraph of subsection 44T(1) of the Act under which the person withdrawing the notification claims to be authorised to do so. (2) At the time of giving a notice of withdrawal to the Commission under subregulation (1), the person withdrawing the notification must give a copy of the notice to: (a) the provider or the third party, as the case requires, who is not withdrawing the notification; and (b) any other person to whom the Commission has given notice in writing under subsection 44S(2) of the Act. (3) A notice of withdrawal takes effect when it is received by the Commission. 6E Summons to witness—access arbitration (1) A summons under subsection 44ZH(2) of the Act must be in accordance with Form AA. (2) For the purposes of section 44ZI of the Act, a summons must be served on a person by: (a) delivering a copy of the summons to the person personally; and (b) showing the original of the summons to the person at the time at which the copy is delivered to the person. 6F Costs of an access arbitration (1) This regulation is made for the purposes of section 44ZN of the Act. (1A) The amount of a fee mentioned in subregulation (2) is the GST inclusive market value of the consideration for the supply of the service of conducting an arbitration of an access dispute. (2) The Commission may charge, for its costs in conducting an arbitration of an access dispute: (a) a pre ‑ hearing fee of: (i) if the access dispute is in respect of a variation of an existing determination relating to access by the third party—$2 170; or (ii) in any other case—$10 850; and (b) a hearing fee of $4 340 for each day, or part of a day, of the arbitration hearing. (3) A pre ‑ hearing fee charged under paragraph (2)(a) is payable by the person who notified the access dispute on or before the commencement of the arbitration hearing. (4) A hearing fee charged under paragraph (2)(b) for a day, or part of a day, of the arbitration hearing: (a) must be apportioned by the Commission between the parties appearing at the hearing on that day; and (b) is payable by those parties accordingly. (5) Nothing in this regulation enables the Tribunal to charge for its costs in conducting a review of a determination. 6FA Approval of competitive tender process for construction and operation of a facility—content of application (1) For paragraph 44PA(2)(b) of the Act, this regulation sets out requirements for an application for approval of a tender process, for the construction and operation of a facility that is to be owned by the Commonwealth, State or Territory, as a competitive tender process. (2) The application must state: (a) the contact details of the Commonwealth Minister, or the responsible Minister of a State or Territory, who is the applicant; and (b) details of the proposed facility, including its nature and proposed location; and (c) details of the proposed tender process, including: (i) the minimum requirements which a tender will be required to meet before being considered under the tender process; and (ii) the selection criteria that will be used to select the successful tenderer; and (iii) the date for the calling for tenders; and (iv) the closing date for the submission of tenders; and (v) the date by which the successful tenderer is to be selected; and (vi) the date by which the contract or arrangement resulting from the tender process will be entered into; and (d) the reasons why the tender process satisfies the requirements specified in subsection 44PA(4) of the Act. 6FB Approval of competitive tender process for construction and operation of a facility—requirements for tender process (1) For paragraph 44PA(4)(b) of the Act, this regulation sets out requirements which a tender process must meet before being approved as a competitive tender process. (2) The tender process must relate to a proposed facility. (3) The tender process must set out the arrangements (including procedures and rules) that are to be followed for the conduct of the tender process, including; (a) the selection criteria that will be used to select the successful tenderer; and (b) the requirement for a tenderer to include in its tender the terms and conditions on which the tenderer will provide access to the service or services proposed to be provided by means of the facility, as specified in accordance with paragraph 44PA(2)(a) of the Act; and (c) the minimum requirements which a tender will be required to meet before being considered. Examples for paragraph (b) of things to be addressed in the proposed terms and conditions 1 A price or pricing methodology. 2 An obligation that the tenderer will not hinder access to the service. 3 An obligation that the tenderer will implement a particular business structure. 4 Procedures for determining terms and conditions of access to the service. 5 How the terms and conditions of access to the service will be administered. (4) The tender process must set out the arrangements (including procedures and rules) that are to be followed to ensure that the successful tenderer would not limit, or attempt to limit: (a) the services to which access may be sought; or (b) the construction or operation of other infrastructure which could provide the same services to the same market as the infrastructure proposed in the tender. (5) The tender process must ensure that a request for tender under the process would not limit, or attempt to limit: (a) the configuration of the infrastructure proposed in the tender; or (b) any other technical specification of the facility; unless the Commission is satisfied that it would be appropriate for the request for tender to do so. (6) The tender process must: (a) be designed in a way that makes it appropriate, in its circumstances, for ensuring reasonable terms and conditions of access to the service; and (b) be capable of being used in a way that makes it appropriate, in its circumstances, for ensuring reasonable terms and conditions of access to the service. (7) For subregulation (6), when the Commission considers the approval of the tender process it must have regard to: (a) the persons who are likely to be competitors for the construction and operation of the facility; and (b) the persons who are likely to be competitors for the provision of the services. (8) Subregulation (7) does not limit the matters to which the Commission may have regard when it considers the approval of the tender process. (9) The tender process must set out proposed selection criteria that will ensure that a tender will be selected principally on the basis that the tender will lead to the provision of the service or services proposed to be provided by means of the facility, as specified in accordance with paragraph 44PA(2)(a) of the Act: (a) at the lowest sustainable access price or prices; or (b) on terms and conditions that are otherwise most likely to promote the objects of Part IIIA of the Act. Note: Although a tender is to be selected principally on the basis that it offers the most favourable access terms, as described in paragraphs (9)(a) and (b), an applicant’s tender may address additional objectives to be taken into account in the selection process, such as community service obligations and environmental objectives. (10) The tender process must set out proposed selection criteria that will ensure that a tender will not be selected unless the terms and conditions of access to the service or services proposed to be provided by means of the facility, as specified in accordance with paragraph 44PA(2)(a) of the Act, are reasonable, having regard to: (a) the objects of Part IIIA of the Act; and (b) the legitimate interests of the provider of the service; and (c) the legitimate interests of the owner of the facility; and (d) the public interest, including the public interest in having competition in markets (whether or not the markets are in Australia); and (e) the interests of persons who may wish to have access to the service; and (f) the objectives of procedural probity and fair dealing. 6FC Report on conduct of tender process (1) For subsection 44PB(2) of the Act, this regulation sets out requirements for a report on the conduct of a tender process. (2) The report must include: (a) details of the successful tenderer; and (b) the terms and conditions of access to the service or services proposed to be provided by means of the facility, as specified in accordance with paragraph 44PA(2)(a) of the Act; and (c) evidence showing that: (i) the tender process was conducted in accordance with the competitive tender process approved by the Commission; and (ii) the successful tenderer was selected in accordance with the selection criteria specified in the competitive tender process approved by the Commission. 6G Application for registration of a contract for access (1) An application under section 44ZW of the Act for registration of a contract that provides for access to a declared service: (a) must be in writing; and (b) must include the following information: (i) the names of the parties to the contract and, if a party is not an individual, the name and contact details of a contact person for that party; (ii) each party’s address for the delivery of documents in relation to the application (which may be an electronic address); (iii) a description of the service to which the contract relates; (iv) a description of the contract, including the date on which the contract was made; (v) a description of the impact of the contract on the level of competition in relevant markets; (vi) a description of the impact of the contract on other users of the service, including particulars of those users. (2) A fee of $5 425 is payable to the Commission in respect of an application referred to in subregulation (1), at the time of making the application. (3) The amount of the fee payable under subregulation (2) is the GST inclusive market value of the consideration for the supply of the service of registration of a contract that provides for access to a declared service. 6H Inspection of Part IIIA registers and copies of documents (1) In this regulation and in regulation 6I, Part IIIA register means: (a) the public register of decisions and declarations kept under section 44Q of the Act; or (b) the public register of registered contracts kept under section 44ZW of the Act; or (c) the public register of access undertakings kept under section 44ZZC of the Act; or (d) the public register of determinations kept under section 44ZZL of the Act. (2) A person may: (a) inspect any Part IIIA register upon request made in accordance with subregulation (3); and (b) obtain a copy of any document on a Part IIIA register (including, where the person so requests, a copy certified to be a true copy by a person authorised by the Commission to certify copies of that kind): (i) on request made in accordance with subregulation (4); and (ii) on payment of the fee prescribed by regulation 28. (3) A request to inspect a Part IIIA register must be made in person at the office of the Commission where that register is kept. (4) A request to obtain a copy of a document contained in a Part IIIA register must be made: (a) in person at the office of the Commission where that register is kept; or (b) in writing to the Commission at that office. 6I Evidence of Part IIIA register documents (1) A copy of a document contained in a Part IIIA register, certified to be a true copy by a person authorised by the Commission to certify copies of documents of that kind, is to be received in all courts and tribunals as evidence of the document. (2) A document purporting to be a copy of a document contained in a Part IIIA register and to be certified to be a true copy in accordance with subregulation (1), is to be taken to be a true copy of the document and to be so certified, unless the contrary is established. 6J Access Codes prepared by industry bodies (Act, section 44ZZAA) (1) For the purposes of paragraph 44ZZAA(3)(e) of the Act, the following matters are, where relevant, matters which the Commission must have regard in considering whether to accept an access code: (a) government legislation and policies relating to ecologically sustainable development; and (b) social welfare and equity considerations, including community service obligations; and (c) government legislation and policies relating to matters such as occupational health and safety, industrial relations and access and equity: and (d) economic and regional development, including employment and investment growth; and (e) the interests of consumers generally or of a class of consumers; and (f) the competitiveness of Australian businesses; and (g) the efficient allocation of resources. (2) For the purposes of subsection 44ZZAA(8) of the Act, the National Electricity Code Administrator Limited (“NECA”), Australian Company Number 073 942 775, is a prescribed industry body. (3) For subsection 44ZZAA(8) of the Act, the Australian Energy Market Commission is a prescribed industry body. Note: The Australian Energy Market Commission (also known as AEMC ) is established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia, and defined in section 4 of the Competition and Consumer Act 2010 . 7 Australian Energy Regulator may disclose information to prescribed persons and bodies (Act paragraph 44AAF(3)(e)) (1) For paragraph 44AAF(3)(e) of the Act, the persons and bodies set out in the table are prescribed persons and bodies. Item Prescribed person or body Commonwealth 1.1 National Competition Council, established by section 29A of the Act 1.2 Tribunal constituted by subsection 30(1) of the Act New South Wales 2.1 Independent Pricing and Regulatory Tribunal of New South Wales established by subsection 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales 2.2 Energy and Water Ombudsman (NSW) Limited (ACN 079 718 915) Victoria 3.2 Essential Services Commission established by subsection 7(1) of the Essential Services Commission Act 2001 of Victoria 3.3 Energy and Water Ombudsman (Victoria) Limited (ACN 070 516 175) Queensland 4.1 Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland 4.2 Energy and Water Ombudsman established by section 10 of the Energy and Water Ombudsman Act 2006 of Queensland Western Australia 5.1 Economic Regulation Authority established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia South Australia 6.1 Essential Services Commission established by subsection 4(1) of the Essential Services Commission Act 2002 of South Australia 6.3 Energy Industry Ombudsman (SA) Limited (ACN 089 791 604) Tasmania 7.1 Office of the Regulator established by subsection 5(1) of the Electricity Supply Industry Act 1995 of Tasmania 7.2 Ombudsman within the meaning of the Energy Ombudsman Act 1998 of Tasmania Australian Capital Territory 8.1 Independent Competition and Regulatory Commission for the Australian Capital Territory established by subsection 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory 8.2 ACT Civil and Administrative Tribunal established by section 88 of the ACT Civil and Administrative Tribunal Act 2008 of the Australian Capital Territory Northern Territory 8A.1 Utilities Commission of the Northern Territory established by subsection 5(1) of the Utilities Commission Act 2000 (NT) Each jurisdiction that has applied the National Energy Retail Law as a law of the jurisdiction 9.1 The Minister responsible for administration of the national energy retail legislation as it applies in the jurisdiction (1A) A staff member or consultant assisting a person or body mentioned in items 1.1 to 8A.1 of the table in subregulation (1) in the performance of a function, or the exercise of a power, of the person or body is also a prescribed person for paragraph 44AAF(3)(e) of the Act. (2) In this regulation: National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time. national energy retail legislation has the meaning given in subsection 2(1) of the National Energy Retail Law. 7A Prescribed energy laws (Act subparagraph 4(1)(c)(ii)) For subparagraph (c)(ii) of the definition of State/Territory energy law in subsection 4(1) of the Act, the laws set out in the following table are prescribed. Item Prescribed laws New South Wales 2.1A Electricity Infrastructure Investment Act 2020 of New South Wales and regulations and orders made under that Act 2.1 Parts 2, 3 and 4 of, and Schedule 1 to, the National Energy Retail Law (Adoption) Act 2012 of New South Wales and regulations made under Parts 2, 3 and 4 of that Act Victoria 3.1A Part 8A and Division 3A of Part 12 of the Electricity Safety Act 1998 (Vic.) and regulations made under that Act 3.1 Parts 3 and 4 of the Gas Industry Act 2001 of Victoria 3.2 Parts 2, 3, 3A, 4 and 5 of, and Schedules 2 and 3 to, the National Electricity (Victoria) Act 2005 (Vic.) and regulations and orders made under that Act 3.3 Part 5 of the National Gas (Victoria) Act 2008 of Victoria and regulations and orders made under that Act Queensland 4.1A Parts 2, 3 and 4 of the Electricity—National Scheme (Queensland) Act 1997 (Qld) and regulations made under Part 4 of that Act 4.1B Energy (Renewable Transformation and Jobs) Act 2024 (Qld) and regulations and directions made under that Act 4.1 Parts 2, 3, 4 and 5 of, and the Schedule to, the National Energy Retail Law (Queensland) Act 2014 (Qld), and regulations made under Parts 3, 4 and 5 of that Act 4.2 Parts 2, 3 and 4 of the National Gas (Queensland) Act 2008 (Qld) and regulations made under Parts 2 and 4 of that Act Western Australia 5.1 Section 15 of the Gas Pipelines Access (Western Australia) Act 1998 of Western Australia South Australia 6.1 Parts 5, 6 and 7 of the National Energy Retail Law (South Australia) Act 2011 of South Australia and regulations made under Parts 5 and 7 of that Act Tasmania 7.1 Division 7 of Part 2 of the Tasmanian Electricity Supply Industry Act 1995 of Tasmania 7.2 Parts 3, 4 and 5 of the National Energy Retail Law (Tasmania) Act 2012 of Tasmania and regulations made under Parts 3, 4 and 5 of that Act Australian Capital Territory 8.1 Parts 5 and 6 of the National Energy Retail Law (ACT) Act 2012 of the Australian Capital Territory and regulations made under Parts 5 and 6 of that Act Northern Territory 9.2 Parts 2, 3 and 4 of, and Schedule 1 to, the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 (NT) and regulations made under Part 3 of that Act 7AA Australian Energy Regulator functions For paragraph 44AH(1)(b) of the Act, the AER has the following functions: (a) making an application for an order under section 44AAG of the Act and conducting proceedings relating to the application; (b) instituting and conducting appeals relating to an application mentioned in paragraph (a); (c) such functions as are necessary to enable the AER to operate as a data holder of CDR data in accordance with the CDR provisions (as those provisions apply as described in subsection 56AR(4) of the Act). 7B Merits review by Tribunal (Act subsection 44ZZR(2)) (1) For subsection 44ZZR(2) of the Act, the following provisions of these Regulations apply to a merits review conducted by the Tribunal: (a) regulations 17, 18, 19 and 21; (b) regulation 22; (d) regulations 22A, 23 and 25; (e) subregulation 26(1A); (f) regulation 28M; (h) regulation 28P. (2) For the purposes of applying regulation 28M to a merits review conducted by the Tribunal under a State/Territory energy law or a designated Commonwealth energy law: (a) treat the references in the regulation to a review hearing and a review as references to a merits review conducted by the Tribunal under a State/Territory energy law or a designated Commonwealth energy law; and (b) treat the references in the regulation to a determination as references to a decision that is subject to that merits review; and (c) disregard the reference in subregulation 28M(1) to an access dispute; and (d) treat the references to the dispute as references to the matter that is the subject of that merits review. 7C Register of applications for review under State/Territory energy law (Act subsection 44ZZR(2)) (1) For subsection 44ZZR(2) of the Act, the Tribunal must keep a register of applications for review under a State/Territory energy law. (2) The register must include: (a) any document given to the Tribunal in relation to an application referred to in subregulation (1); and (b) particulars of any oral submission made to the Tribunal in relation to such an application; and (c) the determination of the Tribunal on such an application and the statement of the reasons given by the Tribunal for that determination; unless regulation 7D requires the exclusion of the document, particulars or determination. 7D Confidentiality claims etc (Act subsection 44ZZR(2)) Requests for confidential treatment (1) If a person gives information to the Tribunal in relation to an application referred to in subregulation 7C(1), the person may, at the time of giving the information, request that the information be excluded from the register and the Commission’s website because of its confidential nature. Confidentiality claims to be determined first (2) If a request is made under subregulation (1), the information must be excluded from the register and the Commission’s website until the Tribunal has made a determination on the request. When Tribunal must exclude information (3) If a request is made under subregulation (1), the Tribunal must exclude the information from the register and the Commission’s website if the information contains particulars of: (a) the amount of electricity or gas a person has used or has a right to obtain; or (b) the cost of gas or electricity services to the person. When Tribunal may exclude information (4) If a request is made under subregulation (1), the Tribunal may exclude the information from the register and the Commission’s website if it is satisfied that it is desirable to do so because of the confidential nature of the information. If request refused, document may be withdrawn (5) The Tribunal must return the document or part of the document to the person: (a) if the Tribunal refuses a request made under subregulation (1) and the information is contained in the document; or (b) if the person who gave the document to the Tribunal so requires. (6) If paragraph (5)(a) or (b) applies, the Tribunal must exclude the document or the part of the document (as the case requires) from the register and the Commission’s website. If request refused, oral submission may be withdrawn (7) The person who made the submission may withdraw all or part of the submission if: (a) the Tribunal refuses a request made under subregulation (1); and (b) the information was given by way of oral submission. (8) If subregulation (7) applies, the Tribunal must exclude the submission or part of the submission (as the case requires) from the register and the Commission’s website. Tribunal may exclude information for other reasons (9) The Tribunal may exclude information from the register and the Commission’s website if it is satisfied that it is desirable to do so for any reason other than the confidential nature of the information. 8 Prescribed association or body for purposes of paragraph 51(2)(c) of the Act For the purposes of paragraph 51(2)(c) of the Act, the Australian Gas Association, a company limited by guarantee within the meaning of the Companies Act 1961 of the State of Victoria, as in force at the date of commencement of this regulation, is a prescribed association or body. 8A Professional standards schemes For subsection 137(2) of the Act, a scheme and any modifications to the scheme set out in the following table are prescribed. Note: Column 2 of the table below is included for information only. Prescribed professional standards schemes Item Column 1 Scheme Column 2 Date prescribed 1 The Australian Computer Society Incorporated Professional Standards Scheme, published in the New South Wales Government Gazette No. 404, 11 October 2024 Note: This Scheme was formerly the Australian Computer Society Professional Standards Scheme, published in the New South Wales Government Gazette No. 142, 19 December 2018, including as modified by the extension published in the New South Wales Government Gazette No. 311, 14 July 2023. 1 January 2025 2 The Australian Property Institute Valuers Limited Professional Standards Scheme, published in the Victoria Government Gazette No. S 366, 30 June 2026 Note: This Scheme was formerly the Australian Property Institute Valuers Limited Professional Standards Scheme, published in the New South Wales Government Gazette No. 214, 21 May 2021. 1 September 2026 3 The CPA Australia Professional Standards Scheme, published in the New South Wales Government Gazette No. 227, 6 June 2025 Note: This Scheme was formerly the CPA Australia Ltd Professional Standards (Accountants) Scheme, published in the New South Wales Government Gazette No. 98, 30 August 2019, including as modified by the extension published in the New South Wales Government Gazette No. 71, 1 March 2024. 29 November 2025 7 The Chartered Accountants Australia and New Zealand Professional Standards Scheme, published in the New South Wales Government Gazette No. 121, 28 March 2025 Note: This Scheme was formerly the Chartered Accountants Australia and New Zealand Professional Standards Scheme, published in the New South Wales Government Gazette No. 72, 12 July 2019, including as modified by the extension published in the New South Wales Government Gazette No. 71, 1 March 2024. 13 July 2025 8 The Law Society of New South Wales Professional Standards Scheme, published in the New South Wales Government Gazette No. 383, 27 September 2024 Note: This Scheme was formerly the Law Society of New South Wales Professional Standards Scheme, published in the New South Wales Government Gazette No. 87, 7 September 2018, including as modified by the extension published in the New South Wales Government Gazette No. 311, 14 July 2023. 22 November 2024 9 The New South Wales Bar Association Professional Standards Scheme, published in the New South Wales Government Gazette No. 121, 28 March 2025 Note: This Scheme was formerly the New South Wales Bar Association Professional Standards Scheme, published in the New South Wales Government Gazette No. 179, 20 December 2019. 1 July 2025 14 The Law Institute of Victoria Limited Professional Standards Scheme, published in the Victoria Government Gazette No. G 11, 17 March 2022 Note: This Scheme was formerly the Law Institute of Victoria Limited Scheme, published in the Victoria Government Gazette No. G 16, 21 April 2016, including as modified by the extension published in the Victoria Government Gazette No. G 9, 4 March 2021. 1 July 2022 15 The Victorian Bar Professional Standards Scheme, published in the Victoria Government Gazette No. S 207, 29 April 2025 Note: This Scheme was formerly the Victorian Bar Professional Standards Scheme, published in the Victoria Government Gazette No. G 16, 18 April 2019, including as modified by the extension published in the Victoria Government Gazette No. G 45, 9 November 2023. 1 July 2025 16 The Bar Association of Queensland Professional Standards Scheme, approved as described in the Professional Standards (Bar Association of Queensland Professional Standards Scheme) Notice 2024 (Qld), 21 June 2024 Note: This Scheme was formerly the Bar Association of Queensland Professional Standards Scheme, approved as described in the Professional Standards (Bar Association of Queensland Professional Standards Scheme) Notice 2019 (Qld), 18 February 2019. 21 August 2024 19 The Queensland Law Society Professional Standards Scheme, approved as described in the Professional Standards (The Queensland Law Society Professional Standards Scheme) Notice 2021 (Qld), 17 December 2021 Note: The Scheme was formerly the Queensland Law Society Professional Standards Scheme, approved as described in the Professional Standards (Queensland Law Society Professional Standards Scheme) Notice 2016 (Qld), 30 June 2016, including as modified by the extension published in the Queensland Government Gazette No. 63, 23 April 2021. 1 July 2022 22 The Law Society of Western Australia Professional Standards Scheme, published in the Western Australian Government Gazette No. 23, 8 March 2024 Note: This Scheme was formerly the Law Society of Western Australia Professional Standards Scheme, published in the Western Australian Government Gazette No. 62, 7 May 2019. 1 July 2024 23 The Western Australian Bar Association Professional Standards Scheme, published in the Western Australian Government Gazette No. 51, 2 May 2025 Note: This Scheme was formerly the Western Australian Bar Association Professional Standards Scheme, published in the Western Australian Government Gazette No. 63, 24 April 2020. 1 July 2025 26 The Law Society of South Australia Professional Standards Scheme, published in the South Australian Government Gazette No. 5, 20 January 2022 Note: This Scheme was formerly the Law Society of South Australia Professional Standards Scheme, published in the South Australian Government Gazette No. 21, 5 April 2017, including as modified by the amendments published in the South Australian Government Gazette No. 77, 21 November 2017. 1 July 2022 27 The South Australian Bar Association Professional Standards Scheme, published in the South Australian Government Gazette No. 15, 10 March 2022 Note: This Scheme was formerly the South Australian Bar Association Inc Professional Standards Scheme, published in the South Australian Government Gazette No. 35, 30 May 2017. 1 July 2022 34 The Institute of Public Accountants Professional Standards Scheme, published in the Victoria Government Gazette No. S 598, 27 October 2021 Note: This Scheme was formerly the Institute of Public Accountants Professional Standards Scheme, published in the Victoria Government Gazette No. G 42, 18 October 2018, including as modified by the extension published in the Victoria Government Gazette No. S 695, 24 December 2020. 22 March 2022 35 The Surveyors Australia Professional Standards Scheme, published in the New South Wales Government Gazette No. 158, 24 April 2026 Note: This Scheme was formerly the Association of Consulting Surveyors National Professional Standards Scheme, published in the New South Wales Government Gazette No. 90, 1 May 2020, including as modified by the extension published in the New South Wales Government Gazette No. 100, 14 March 2025. The day Schedule 1 to the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2026 commences 36 The Australian Institute of Building Surveyors Professional Standards Scheme, published in the New South Wales Government Gazette No. 158, 24 April 2026 Note: This Scheme was formerly the Australian Institute of Building Surveyors Professional Standards Scheme, published in the New South Wales Government Gazette No. 214 on 21 May 2021. The day Schedule 1 to the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2026 commences 37 The Association of Australian Certifiers Professional Standards Scheme, published in the New South Wales Government Gazette No. 158, 24 April 2026 The day Schedule 1 to the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2026 commences 38 The Strata Community Association (NSW) Limited Professional Standards Scheme, published in the New South Wales Government Gazette No. 252, 26 June 2026 The day Schedule 1 to the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2026 commences 9 Period after which notice of resale price maintenance comes into force For the purposes of paragraph 93(7A)(a) of the Act, the prescribed period is as follows: (a) for a notice given to the Commission during the 12 ‑ month period starting at the commencement of Schedule 1 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 —28 days; (b) otherwise—14 days. 11 Service of documents on the Commission (1) A document to which this regulation applies may be made or given to, lodged with, or served on, the Commission by delivering it, or causing it to be delivered (whether by post or otherwise), at any office of the Commission. (2) A reference in this regulation to a document to which this regulation applies shall be read as a reference to: (a) an application under the Act or these Regulations to be made to the Commission; (b) a notice under the Act or these Regulations to be given to, or lodged with, the Commission; or (c) any other document to be given to, lodged with or served on, the Commission. 12 Service of documents on persons other than the Commission (1) A person who has in a document lodged with the Commission stated an address for service may, at any time, lodge with the Commission a notice in writing stating a new address for service (which may be an electronic address). (2) A reference in these Regulations to an address for service shall, in relation to a person who has notified two or more addresses for service, be read as a reference to the later or latest of those addresses. (3) Subject to these Regulations, a document or notice that is required or permitted by or under the Act or these Regulations to be served on, or given to, a person in connexion with any proceeding or matter before the Commission may be served on, or given to, that person: (a) where the person has, in a document or notice lodged with the Commission, stated an address for service that is not an electronic address—by delivering the document to the person personally or by delivering the document at, or by sending the document by registered post addressed to the person at, that address; or (aa) where the person has, in a document or notice lodged with the Commission, stated an address for service that is an electronic address—by sending the document to that address; or (b) in any other case: (i) where the person is a body corporate—by delivering the document personally to the manager or secretary of the body corporate or, if the body corporate has a registered office in Australia, by leaving it at that office or by sending it by registered post addressed to the body corporate at that office, or if the body corporate does not have a registered office in Australia, by sending it by registered post addressed to the body corporate at its principal place of business in Australia; or (ii) where the person is not a body corporate—by delivering the document to the person or by sending the document by registered post addressed to the person at the last known address of the person, or by sending the document to the last electronic address the person used to contact the Commission. (4) Notice by the Commission under subsection 90A(2) or 93A(2) of the Act shall be sent to a person: (a) where the person has, in a document or notice lodged with the Commission, stated an address for service that is not an electronic address—by sending the notice by pre ‑ paid post to that person at that address; and (aa) where the person has, in a document or notice lodged with the Commission, stated an address for service that is an electronic address—by sending the notice to that address; or (b) in any other case: (i) where the person is a body corporate which has a registered office in Australia—by sending the notice by pre ‑ paid post to that person at that registered office; (ii) where the person is a body corporate which does not have a registered office in Australia but which has a place of business in Australia—by sending the notice by pre ‑ paid post to that person at its principal, or only, place of business in Australia; (iii) where the person is a body corporate which does not have a registered office or a place of business in Australia—by sending the notice by pre ‑ paid post to that person at the registered office of that body corporate; or (iv) where the person is not a body corporate—by sending the notice by pre ‑ paid post to that person at the last known address of the person, or by sending the notice to the last electronic address the person used to contact the Commission. 13 Recording of date of receipt of applications or notices The Commission shall cause the date on which an application under Division 1 of Part VII of the Act or a notice under subsection 93(1) or section 93AB of the Act is received in one of its offices to be recorded on the application or notice, as the case may be. 14 Evidence in respect of receipt etc of documents (1) In any proceedings under the Act, a certificate under the seal of the Commission certifying that any specified fact in relation to the lodgment or receipt or non ‑ lodgment or non ‑ receipt of a document, or of a document of a kind, described in the certificate appears from the records kept by the Commission is prima facie evidence of that fact. (2) In any proceedings under the Act, a certificate under the seal of the Commission certifying that it appears from the records kept by the Commission that a document, or a document of a kind, described in the certificate has not been received at any of the offices of the Commission is prima facie evidence of that fact. 15 Seal of the Tribunal (1) The seal of the Tribunal shall be of a design approved by the President and shall include: (a) the Commonwealth Arms, that is to say, the Armorial Ensigns and Supporters granted and assigned for the Commonwealth of Australia by Royal Warrant dated 19 September 1912; and (b) the words “Australian Competition Tribunal”. (3) The seal of the Tribunal shall be affixed by or with the authority of the Registrar to such documents as are required by these Regulations or by a direction of a presidential member to be sealed with the seal of the Tribunal. 16 Hours of Registrar’s office The office of the Registrar shall be open for business on every business day, from 10 o’clock in the morning until 1 o’clock in the afternoon and from 2 o’clock to 4 o’clock in the afternoon. 17 Title of proceedings before the Tribunal (1) An application to the Tribunal under the Act and any other document filed with the Registrar, or issued out of the office of the Registrar, in relation to proceedings before the Tribunal shall be intituled in accordance with Form H. (2) The Registrar may, at the request of a person proposing to institute proceedings or of his own motion after any proceedings before the Tribunal are instituted, determine the description of the matter that is to form part of the title of the proceedings and, unless the Tribunal otherwise orders, the description so determined shall form part of the title of the proceedings for the purposes of all documents in the proceedings after that determination. 18 Filing or lodging of documents with the Registrar (1) The making of an application to the Tribunal under the Act and the filing of any other document with the Registrar shall be effected by lodging it at the office of the Registrar at a time when that office is open for business. (2) The Registrar shall cause the date on which a document was lodged at his office to be recorded on the document. (3) Subregulation (2) applies in relation to a document that is lodged with the Registrar or at his office whether or not it is, or is required to be, filed. 19 File number of proceedings (1) The Registrar shall cause a file number to be allotted to each proceeding before the Tribunal. (2) The one file number may be allotted to all proceedings that, in the opinion of the Registrar, are related to each other. 20 Applications for review (1) An application under subsection 101(1) of the Act for a review of a determination by the Commission: (a) shall be in accordance with Form I; and (b) shall be made within a period of 21 days after the date of the determination. (2) An application under section 101A or 101B of the Act for a review of the giving of a notice by the Commission must be made: (a) in accordance with Form J; and (b) within a period of 21 days after the date of the notice. (3) An applicant for the purposes of subregulation (1) or (2) must cause a copy of the application to be served on: (a) the Commission; and (b) the person (if any) who is not the applicant and who was: (i) for an application referred to in subregulation (1) for a review of a determination—the person who applied for the authorisation to which the determination relates; or (ii) for an application referred to in subregulation (2) for a review of the giving of a notice—the person to whom the notice was given. (4) An application under section 151CI of the Act must be in accordance with Form JAA. (5) A person making an application mentioned in subregulation (4) must give a copy of the application to the Commission. 20A Applications for review of certain access decisions (1) An application to the Tribunal: (a) under subsection 44K(1) of the Act for review of a declaration of a service; (b) under subsection 44K(2) of the Act for review of a decision not to declare a service; (c) under subsection 44L(1) of the Act for review of a decision not to revoke a declaration of a service; must be in accordance with Form JA. (2) An application to the Tribunal under subsection 44O(1) of the Act for review of a decision of the Commonwealth Minister on the effectiveness of an access regime must be in accordance with Form JB. (2A) An application to the Tribunal under subsection 44O(1A) of the Act for review of a decision of the Commonwealth Minister under section 44NBC of the Act must be in accordance with Form JBA. (3) An application to the Tribunal under subsection 44ZX(1) of the Act for review of a decision of the Commission not to register a contract must be in accordance with Form JC. 21 Address for service in proceedings before Tribunal (1) Subject to any direction of the Tribunal, a person is not entitled to take any step in, or be heard at the hearing of, proceedings before the Tribunal unless he has filed with the Registrar a notice stating an address in Australia at which documents may be served on him for the purposes of those proceedings and has served a copy of that notice on any person appearing in the proceedings. (1A) In addition to providing an address in Australia, the person may provide an electronic address at which the documents may be served on the person. (2) A person who has filed a notice of an address for service under this regulation may, at any time, file a notice stating a new address for service. (3) Where a person files a notice stating a new address for service under subregulation (2), he shall forthwith serve a copy of the notice on any person appearing in the proceedings. (4) A reference in these Regulations to an address for service shall, in relation to a person who has stated two or more addresses for service, be read as a reference to the later or latest of those addresses. 22 Directions by the Tribunal as to certain matters (1) Without limiting the generality of the powers of the Tribunal under the Act or these Regulations, the Tribunal may, in any proceedings before the Tribunal, give directions: (a) for securing, by means of preliminary statements of facts and contentions, and by the production of documents, that all material facts and considerations are brought before the Tribunal by all persons participating in any proceedings before the Tribunal; and (aa) with respect to evidence in proceedings before the Tribunal, including the appointment of persons to assist the Tribunal by giving evidence (whether personally or by means of a written report); and (b) with respect to the representation in any such proceedings of persons having a common interest in the proceedings. (2) The powers of the Tribunal to give directions under subregulation (1): (a) may be exercised by the Tribunal constituted by a presidential member; and (b) are subject to subsections 102(8) to (10) of the Act. 22A Evidence of persons not attending the Tribunal (1) Subject to subregulation (2), the Tribunal may permit a person, other than a person appearing as a witness before the Tribunal, to give evidence in proceedings before the Tribunal by tendering a written statement. (2) The Tribunal must not give permission under subregulation (1) in respect of a statement, unless: (a) the parties to the proceedings consent to the permission being given; and (b) the statement is accompanied by a statutory declaration by the person, verifying the information contained in the statement. (3) A statement tendered with the permission of the Tribunal must be filed with the Registrar. (4) Subregulation (1) has effect subject to subsections 102(8) to (10) of the Act. 22B Participation in review of certain access decisions (1) In a review under section 44K of the Act of a declaration of a service, the person who applied for the declaration recommendation may participate in the review, in addition to the provider. (2) In a review under section 44K of the Act of a decision not to declare a service, the provider may participate in the review, in addition to the person who applied for the declaration recommendation. (3) In a review under section 44L of the Act of a decision not to revoke a declaration of a service, the person who applied for the declaration recommendation may participate in the review, in addition to the provider. (4) In a review under section 44ZX of the Act of a decision not to register a contract, any other party to the contract may participate in the review, in addition to the party who applied for review. 23 Orders and determinations of Tribunal (1) Each order and determination of the Tribunal and the date on which it was made shall be recorded by the Registrar in a document signed by him. (2) The original of each document referred to in subregulation (1) shall be filed by the Registrar in the records of the Tribunal. 24 Confidentiality (1) This regulation applies to a request to the Commission under a provision mentioned in an item in the table that a document, or a part of a document, be excluded from the register kept under the corresponding provision mentioned in the item. Item Provision of the Act for the making of a request Corresponding provision in the Act for keeping of register 1 subsection 89(5) subsection 89(3) 2 subsection 95(2) subsection 95(1) (1A) A request to which subregulation (1) applies shall be made: (a) where the request is that a document be excluded—by writing in red near the top of each page of the document the words “Restriction of Publication Claimed”; and (b) where the request is that part of a document be excluded—by writing in red near the top of the first page of the document the words “Restriction of Publication of Part Claimed” (and, where the document consists of more than 5 pages, a description of where in the document that part of the document is to be found) and by clearly marking in red that part of the document. (2) Where a person proposes to apply, at the hearing of proceedings before the Tribunal, for a direction by the Tribunal under paragraph 106(2)(b) of the Act prohibiting or restricting, by reason of the confidential nature of any evidence or matter or for any other reason, the publication of matters contained in a document filed or lodged with the Registrar, received in evidence by the Tribunal or placed in the records of the Tribunal, the person may mark in red: (a) near the top of the first page of the document, the words “Restriction of Publication Claimed” (and, where the document consists of more than 5 pages, a description of where in the document those matters are contained); and (b) those matters. (4) For the purposes of sub