Competitive Neutrality

Applications for Accreditation for Compliance with Competitive Neutrality

A Government agency carrying on a declared significant business activity for the purposes of the Queensland Competition Authority Act 1997, or a local government business entity carrying on a business activity under the Local Government Act 1993, may apply for accreditation for the activity. An application for accreditation must include the information detailed below:

• Organisational Details
• Name of the organisation seeking accreditation
• Organisational structure (Chart)
• Date upon which the activity was declared a significant business activity
• Address for formal notices and correspondence
• Name and contact details of primary Contact Officer for the purposes of the application
• Description of Activity
• Nature of the Activity
  (i) provision of goods or services
  (ii) production, distribution or retail
• Relationship with other organisational activities (e.g. indicate the extent to which the organisation is stand alone or the degree to which services are purchased from or sold to the host organisation)
• Nature of the Market for the Activity
• The goods or services supplied, competitors (actual and potential), competing goods or services and market shares
• The geographic area/s in which the activity is undertaken
• Customers and classes of customers
• Government Policy
• Legislation, local laws and local law policies relevant to the organisation
• Policy statements, decisions, or directions (including those provided outside a Statement of Corporate Intent) affecting the manner in which the activity is being carried out
• Nature and scope of community service obligations
• Other Information
• Identification of any past complaints relating to compliance with the principle of competitive neutrality (including any complaints about general trading practices), and details of outcomes of these complaints
• An indication of the period of time for which accreditation is sought (up to a maximum of two years).

To assist the Queensland Competition Authority in assessing an application for accreditation, the information on the following matters may be required. This list is only indicative of the matters that may be considered to be relevant in a specific instance. Applicants will be advised by the Authority about the timing within which such information must be provided.

• Evidence of Compliance
  • Financial Issues
    (i) Asset valuation
    (ii) Capital structure
    (iii) Rate of return
    (iv) Dividend policy
    (v) Cost of capital
    (vi) Tax arrangements
    (vii) Pricing principles
  • Regulatory Issues
    (i) Planning and approval procedures
    (ii) Industrial relations and employment conditions
    (iii) Environment protection
    (iv) Occupational health and safety
  • Procedural Issues
    (i) Preferential access to government information
    (ii) Reporting, regulatory and performance monitoring requirements (and costs)
  • Other Matters for Consideration
    (i) Limitations on the market (e.g. tied arrangements)
    (ii) Requirements to deliver non-commercial services
    (iii) Degree of managerial autonomy
• Ongoing Compliance
  • Details of compliance program which will ensure that the agency continues to comply with the principle of competitive neutrality, and whereby the Authority will be notified of any non-compliance.
• Public Interest
  • The impact of the accreditation on the public interest matters raised in section 49(1) of the Queensland Competition Authority Act (also reflected in section 458QD of the Local Government Act).

Reports/Papers

• QCA – Guidelines for Complaints and Applications for Accreditation (Aug 01) (PDF, 61 KB)