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24 September 2019

The Port of Newcastle

On 2 July 2018, the Port of Newcastle Operations Pty Ltd wrote to the National Competition Council (NCC) requesting that it make a recommendation about whether or not to revoke declaration of the shipping channel service at the Port of Newcastle. The NCC's recommendation was received on 26 July 2019.

Subsection 44J(7) of the Competition and Consumer Act 2010 (CCA) provides that:

If the designated Minister does not publish under subsection (4) his or her decision on the revocation recommendation within the period starting at the start of the day the recommendation is received and ending at the end of 60 days after that day, the designated Minister is taken, immediately after the end of the 60 day period to have made a decision that the declaration be revoked and to have published that decision in accordance with this section.

As the 60 day period has now expired, it is taken that a decision to revoke the declaration has been made.

The NCC's final recommendation is available on the NCC's website.