Vehicle Import Services - Fisherman Islands
Candidate service matter
Decision
On 21 April 2011, the Authority determined that the vehicle import service is not a 'candidate service' within the meaning of the QCA Act as in force at the time the Application was made. Accordingly, the Authority is not empowered to make a recommendation to Ministers on whether the service should be declared.
Background
On 17 July 2009 (revised 15 September 2009), the Federal Chamber of Automotive Industries (FCAI) under section 77 of the Queensland Competition Authority Act 1997 (the QCA Act) lodged an application requesting that the Authority recommend to the Ministers that 'the motor vehicle import services provided by the Fisherman Islands cargo terminal' (vehicle import service) operated by Australian Amalgamated Terminals Limited (AAT) be declared.
On 22 October 2009, the Authority formed the view that the vehicle import service was a candidate service for the purposes of the QCA Act. However, in December 2009, after receiving further submissions on this issue from AAT, the Authority sought additional stakeholder comments on this question. Given pending changes to the QCA Act, the Authority, following consultation with key stakeholders, decided to defer its consideration of the Application until after the passage of these amendments, which commenced operation on 8 September 2010.
The Authority has now given further consideration to the question of whether the vehicle import service is a 'candidate service' for the purpose of the QCA Act. Having taken into account the submissions received on this question (including the additional stakeholder comments) as well as the advice of Senior Counsel, on 21 April 2011 the Authority concluded that the vehicle import service is not a 'candidate service'.
Under the QCA Act as in force when the Application was made, the Authority is only empowered to make a recommendation to Ministers if the vehicle import service is a 'candidate service'. As the Authority has concluded that it is not, it has discontinued its consideration of the Application.
The Authority's Statement of Reasons for its decision is available below.
If you have questions on this matter please contact Paul Bilyk on 07 3222 0506.
Decision/Recommendation
Submissions
