Any person may apply to the QCA for a recommendation to the relevant Minister that a service provided by a facility be declared for third-party access under the Queensland Access Regime. The framework for the declaration process is contained in Part 5 of the Queensland Competition Authority Act 1997.
The QCA must assess an application against the access criteria in section 76 of the QCA Act, which are as follows:
- that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least one market (whether or not in Australia), other than the market for the service;
- that the facility for the service could meet the total foreseeable demand in the market, over the period for which the service would be declared; and at the least cost compared to any two or more facilities (which could include the facility for the service);
- that the facility for the service is significant, having regard to its size or its importance to the Queensland economy;
- that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest.
The QCA must recommend that a service be declared by the Minister if it is satisfied about all of the access criteria for the service.
The Treasurer is responsible for administering the QCA Act.