1. Regulated Third Party Access to Infrastructure ----- A Perspective on the Australian Experience John Feil Executive Director – National Competition Council ---------------- Australian Competition and Consumer Commission Eighth ACCC Regulatory Conference The evolution of regulation

2. Regulation Debates

3. Australian Access Regulation Gas Pipelines Electricity Coordinated State Access Regimes TPC – Part XIC State Access RegimesTPA - Part IIIA Ports Rail Grain handling Water Telecommunications National Access Regime

4. Part IIIA Framework for Access Access optionRegulator Private commercial negotiation and agreement Not regulated Effective State or Territory access regimes NCC (Certification) ACCC/State regulators - IPART, ERA, ESCOSA Access undertakingsACCC DeclarationNCC/Minister or Premier/ACCC

5. NCC/Decision Maker/Competition Tribunal must be affirmatively satisfied that: (a)Access would promote a material increase competition in a dependent market (b)It is uneconomical to develop another facility to provide the service (c)Facility is of national significance (d)Access can be provided without undue risk to health and safety (e)Access not already subject to an effective access regime (f)Access not contrary to the public interest TPA s44G(2) Declaration Criteria

6. Other requirements Cannot declare if: Economic to develop another facility to provide part of the service TPA s44F(4) Publicly owned facility subject to competitive tender process approved by ACCC TPA s44H(3A) Supply of goodsTPA s44B Use of a production processTPA s44B Use of intellectual propertyTPA s44B Subject to approved access undertakingTPA s44G(1)

7. Declaration Applications – Timing & Outcome

8. Declaration Applications – Facility Type

9. Certification Applications – Timing & Outcome

10. Certification Applications – Facility Type

11. Timeliness

13. 4 Month Process – Key Milestones

14. References and Sources www.ncc.gov.au –NCC recommendations, submissions etc., application guides and templates, decision makers reasons –Hilmer Report www.pc.gov.au –Review reports www.coag.gov.au –Communiqués, Intergovernmental Agreements