I have decided to accept the National Competition Council's (NCC's) recommendation not to declare the airside services at Sydney Airport provided by Sydney Airports Corporation Limited which were the subject of an application for declaration under Part IIIA of the Trade Practices Act 1974.
Section 44H of the Trade Practices Act 1974 provides that I, (as the designated Minister) may declare a service of an infrastructure facility such as airport services only if I am satisfied of all six matters specified under subsection 44H(4).
The NCC found that Virgin Blue's application does not satisfy the matters specified under subsections 44H(4)(a) and 44H(4)(f). I am satisfied that the NCC's conclusions in relation to these criteria and their consequent recommendation not to declare the services are soundly based.
My statement of reasons and the NCC's final recommendation are available on the NCC's website (www.ncc.gov.au).