Part IIIA of the Competition and Consumer Act 2010: the National Access Regime
Part IIIA of the Competition and Consumer Act 2010 establishes a legal regime to facilitate third party access to certain services provided by means of significant infrastructure facilities. It is also known as the National Access Regime. One of the objects of Part IIIA is to promote the economically efficient operation of, use of and investment in infrastructure by which services are provided, thereby promoting effective competition in upstream and downstream markets.
Part IIIA sets out a number of mechanisms by which access can be sought to infrastructure services. These include declaration and arbitration, access undertakings and the certification of effective state access regimes.
The ACCC has a role under Part IIIA to assess access undertakings put forward by owners/operators of infrastructure facilities. Part IIIA also provides a role for the ACCC to arbitrate access disputes where a service has been ‘declared’.
In 2007 the ACCC made a final arbitration determination in relation to a dispute between Services Sydney Pty Limited and Sydney Water Corporation Limited.
The National Competition Council performs roles under Part IIIA in relation to the declaration of services and the certification of effective state access regimes. See www.ncc.gov.au for more information on the NCC.
Further guidance on Part IIIA matters
Further information on the ACCC’s role in relation to access undertakings and access disputes under Part IIIA is available at the links below.
If you have a query about the ACCC’s roles under Part IIIA, please contact: