Note: This is an archived Handbook entry from 2011.
| Credit Points: | 12.50 |
| Level: | 7 (Graduate/Postgraduate) |
| Dates & Locations: | This subject has the following teaching availabilities in 2011: May, Parkville - Taught on campus. | Pre-teaching Period Start | not applicable | | Teaching Period | not applicable | | Assessment Period End | not applicable | | Last date to Self-Enrol | not applicable | | Census Date | not applicable | | Last date to Withdraw without fail | not applicable |
Timetable can be viewed here. For information about these dates, click here. |
| Time Commitment: | Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available |
| Prerequisites: | Visit the Melbourne Law Masters website for more information about this subject. |
| Corequisites: | Visit the Melbourne Law Masters website for more information about this subject. |
| Recommended Background Knowledge: | Visit the Melbourne Law Masters website for more information about this subject. |
| Non Allowed Subjects: | Visit the Melbourne Law Masters website for more information about this subject. |
| Core Participation Requirements: | Visit the Melbourne Law Masters website for more information about this subject. |
| Subject Overview: |
Principal topics will include:
- Underlying economic principles and policy intention behind third-party access regimes in Australia
- Outline of third-party access regimes in Part IIIA and Part XIC of the CCA
- Consideration of previous and ongoing examples of the application of access regimes in Australia
- Legal and economic meaning of key terms and expressions in access regimes (e.g. promotion of competition, efficient use/operation of infrastructure/facilities and legitimate business interests of access provider)
- Assessment of whether current legislation is well designed to achieve the objectives of third-party access regimes in Australia.
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| Objectives: |
A student who has successfully completed this subject should:
- Understand the policy intentions underpinning third-party access regimes in Australia
- Have a clear understanding of the economic theory and principles behind the regulation of third-party access regimes
- Be aware of, and understand, the current legislation relevant to third-party access regimes in Part IIIA and XIC of the Competition and Consumer Act 2010 (Cth) (the CCA)
- Understand the economic and legal meaning of key considerations and legislative criteria associated with access regimes (e.g. promotion of competition, economically efficient use and operation of facilities and infrastructure, and legitimate business interests of an access provider etc.)
- Have a firm understanding of the relevant regulatory and case law history associated with the declaration of services, and the setting of prices in relation to declared services associated with third-party access regimes in Australia
- Be able to compare and contrast the regimes as they operate under Part IIIA and Part XIC of the CCA
- Understand the practice and procedure associated with declaration application considerations, access price undertaking assessments and arbitration determinations
- Be able to understand and form views on arguments relating to ‘gaming’ of third-party access regimes and whether the existing legislation in the TPA is capable of achieving the underlying policy intentions of third-party access regimes.
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| Assessment: | Visit the Melbourne Law Masters website for more information about this subject. |
| Prescribed Texts: | Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject. |
| Breadth Options: | This subject is not available as a breadth subject. |
| Fees Information: | Subject EFTSL, Level, Discipline & Census Date |