Mathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Hansard source

I thank Senator Burston for that question and for some notice of it. The National Competition Council is a Commonwealth statutory agency established by section 29A of the Competition and Consumer Act 2010. While the National Competition Council, which was first established in 1995, is an independent statutory entity to maintain the sustainability and efficiency of its operations, the NCC entered into an arrangement with the ACCC, with effect from 1 July 2014, whereby the ACCC provides the NCC with secretariat services. As part of these arrangements there are strict protocols in place to ensure the agencies operate separately and independently and to ensure the confidentiality and appropriateness of advice it provides in relation to its responsibilities under the Competition and Consumer Act 2010.

The NCC received a submission from the Port of Newcastle in July 2018 proposing the revocation of the port's declaration under the National Access Regime. The NCC will shortly begin a public consultation process in relation to the Port of Newcastle, including inviting submissions from interested parties before forming a preliminary view. As part of the consultation process the NCC will then publicly release its preliminary view and invite further submissions before making a recommendation to the Treasurer. The Treasurer will then make the final decision on whether to revoke the declaration of the Port of Newcastle under the National Access Regime.