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The map on the following page shows the relationship between Government outcomes and the contributing outputs for the Australian Competition and Consumer Commission. Financial detail for Outcome 1 by output appears in Table 2.2 while non-financial information for Outcome 1 appears in Table 2.3.
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The Australian Competition and Consumer Commission's role is to administer the Trade
Practices Act 1974, State and Territory Application Acts, the Prices Surveillance
Act 1983 and related other legislation.
The Commission seeks to maintain and improve competition and efficiency in markets, foster
adherence to fair trading practices in well informed markets, promote competitive pricing
wherever possible and restrain price rises in markets where competition is less than
effective. It is especially concerned to foster a fair and competitive operating
environment for small business.
In 1999-2000 additional resources have been provided to the Commission for tax reform
retail price monitoring and for additional functions and powers relating to
Telecommunications.
Table 2.1 shows the relationship between the programme structure for 1998-99 and the new
outcome structure for the 1999-2000 Budget for Outcome 1.
Table 2.1: Relationship between Programme and Outcome Structure for Outcome 1
| Programme Management Budgeting | Accrual Budgeting |
| Programme 6 -- Australian
Competition and Consumer Commission To enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. To give special weight to small business interests through the coordination of enforcement and education activity in relation to small business issues. |
Outcome 1 To enhance social and economic welfare of the Australian community by fostering competitive, efficient, fair and informed Australian markets. |
| Sub-programmes Sub-programme 6.1 -- Compliance with the Trade Practices Act Sub-programme 6.2 -- Improvement in Market Conduct Sub-programme 6.3 -- Education and Information Sub-programme 6.4 -- Corporate Planning and Management |
Output Groups Output Group 1.1 -- Australian Competition and Consumer Commission |
| Appropriations for
Programme 6 Sub-programme 6.1 Appropriation Bill 1 Running costs, including Section 31 receipts (675-1) Other Services -- Compensation and legal expenses (675-2-01) Sub-programme 6.2 Appropriation Bill 1 Running costs, including Section 31 receipts (675-1) Sub-programme 6.3 Appropriation Bill 1 Running costs, including Section 31 receipts (675-1) Sub-programme 6.4 Appropriation Bill 1 Running costs, including Section 31 receipts (675-1) |
Appropriations for Outcome 1 Output Group 1.1
Outcome 1 |
The Government will provide additional resources until 2001-02 to the Australian
Competition and Consumer Commission (ACCC) to monitor retail prices during the transition
to A New Tax System.
The ACCC will:
The transitional price oversight role for the ACCC will begin 12 months prior to the implementation of A New Tax System and will continue for a further two years after the date of introduction.
The Government has decided to provide additional resources (for 1999-2000 only) for the
ACCC to administer the new powers and functions proposed in the Telecommunications
Legislation Amendment Bill 1998.
This measure will establish a more comprehensive information transfer, monitoring and
reporting regime and will allow the ACCC to facilitate commercial infrastructure access
negotiations. The additional powers and functions will enable the ACCC to achieve the
Government's goal of increasing competition in the telecommunications industry and is a
response to amendments proposed by the industry (including through submissions to the
Senate Inquiry on the Telstra Privatisation).
The costs incurred in each financial year by the ACCC relating to telecommunications
activities are recovered from the telecommunications industry through an annual carrier
licence fee.
A review of the operation and effectiveness of the telecommunications competitive conduct
scheme will be initiated before 1 July 2000. The ACCC's telecommunications
resource requirements will be evaluated following the report of the review, and funding
for 2001-02 will depend on the extent of continuing ACCC functions and powers.
Table 2.2 shows how the 1998-99 appropriation and programming structure relates to
total resourcing for Outcome 1.
Table 2.2: Total Resources for Outcome 1
| Estimated Actual | Estimated Actual | Budget |
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| 1998-99 CASH $'000 |
1998-99 ACCRUAL $'000 |
1999-00 $'000 |
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| Price of Agency Outputs Output Group 1.1 -- Australian Competition and Consumer Commission |
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| Output 1.1.1 -- Compliance obligations pursuant to administration of Acts (Trade Practices Act, Price Surveillance Act) and statutory responsibilities arising from parts of other relevant Acts and subordinate regulatory instruments | 32,203 | 32,203 | 43,624 |
| Output 1.1.2 -- Competition initiatives, regulatory mechanisms, liaison and information | 7,204 | 7,204 | 7,771 |
| Appropriation Structure
1998-99 (a) Sub-programme 6.1 -- Compliance with the Trade Practices Act Sub-programme 6.2 -- Improvement in Market Conduct Sub-programme 6.2 -- Education and Information Sub-programme 6.3 -- Corporate Planning and Management |
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| Subtotal Output Group 1.1 | 39,407 | 39,407 | 51,395 |
| Revenue from Government (Appropriation) for Agency Outputs | 39,007 | 39,007 | 50,872 |
| Revenue from Other Sources | 400 | 400 | 523 |
| Total Price of Outputs | 39,407 | 39,407 | 51,395 |
| Total for Outcome 1 | 39,407 | 39,407 | 51,395 |
| 1998-99 | 1999-00 | |
| Staff Years (Number) | 357 | 372 |
Outcome 1 defines the ACCC's role in delivering government competition and consumer
policy. The ACCC's output groups are described below and Table 2.3 provides
performance information on the strategies chosen to deliver Outcome 1.
The Commission's outputs are as follows:
Output 1.1.1 assists in the achievement of the Government's outcome by improving
compliance laws, reducing compliance costs and influencing community behaviour and
confidence. Competitive markets are promoted through the administration and enforcement of
the Trade Practices Act, Prices Surveillance Act and statutory responsibilities arising
from parts of other relevant Acts and subordinate regulatory instruments. Important
aspects include enforcement of the Acts' provisions relating to restrictive trade
practices, consumer protection, authorisations, notifications and prices for goods and
services under price control; the prohibition of certain misleading or deceptive conduct
and unfair practices, the disclosure of consumer information relating to the supply of
certain goods and services, and the promotion of product safety; and the promotion of
information and, in particular, public awareness of the requirements of, and remedies
available under the Acts.
Output 1.1.2 assists in the achievement of the Government's outcome by having a well
regulated, informed competitive and fair market. This includes developing, implementing
and promoting public awareness of regulatory frameworks, maintaining and fostering
international developments to improve market conduct.
In seeking to achieve its outcome, the ACCC will:
Monitoring of possible price exploitation as a consequence of A New Tax System's reforms will be a major ACCC activity from now until 2002.
| Table 2.3: Performance Information 1999-2000 | ||
|---|---|---|
| Effectiveness -- Overall Achievement of the Outcome | ||
| Indicators | Measures | |
| Secure compliance by business with the Trade Practices Act. | Investigating complaints, developing and implementing compliance programmes, evaluating and reviewing applications for authorisations, access undertakings, monitoring them and arbitrating disputes. A small business focus which informs and educates small business about its rights and obligations under the Trade Practices Act (TPA) with a view to assisting in enforcing the TPA in relation to small business issues. A focus in the non-traded goods and services sector to encourage competition in markets and consumer protection. | Meeting of prescribed time limits and standards, decisions based on relevant facts, effective public relations programme including media releases, publications, and liaison meetings. |
| Secure improvement in market conduct. | Assisting with the development and implementation of regulatory frameworks which maximise the potential for promotion of competition and efficient outcomes including through access to essential facilities, liaising widely with key stakeholders, and reviewing price notifications from declared companies and monitoring prices as required under the Prices Surveillance Act. | Timely decisions resulting in improved access and service delivery and development of pro-competitive regulatory frameworks. Publication of price notifications within statutory timeframes. |
| Community informed about the Trade Practices Act and the Prices Surveillance Act and their implications for business and consumers. | Information programmes, publications and publicity are used to promote general awareness of the Acts and the ACCC's priorities and procedures. By these means also the deterrent and educational potential of the ACCC's enforcement work is reinforced. | Level of community awareness and responsibility to be monitored; number of complaints, inquiries, attendance at seminars; and by community surveys. |
| Performance Information for Administered Items (Including Third Party Outputs) | ||
| Output Group 1.1 -- Australian Competition and Consumer Commission | ||
| Indicators | Measures | |
| Output 1.1.1: Compliance obligations pursuant to administration of Acts (Trade Practices Act, Prices Surveillance Act) and statutory responsibilities arising from parts of other relevant Acts and subordinate regulatory instruments. | Collection of Statutory fees and judgement debts. | Timely banking and recording of Statutory fees and judgement debts. |
| Performance Information for Agency Outputs | ||
| Output Group 1.1 -- Australian Competition and Consumer Commission | ||
| Indicators | Measures | |
| Output 1.1.1: Compliance obligations pursuant to administration of Acts (Trade Practices Act, Prices Surveillance Act) and statutory responsibilities arising from parts of other relevant Acts and subordinate regulatory instruments. | Responded to complaints and inquiries. | Initially within 7 working days and substantially within 28 days unless circumstances prevent this. |
| Appropriate enforcement action taken and goals achieved, ie, stopped unlawful conduct, compensation gained for loss or damage, compliance with Act, pecuniary penalty. | Strategies achieve compliance with
TPA (and associated State/Territory application legislation). Unconscionable conduct legislation tested. All undertakings complied with. |
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| Merger proposals likely to have an anti-competitive effect opposed or authorised where there is sufficient public benefit. | Prescribed time limits met. Number of mergers approved/opposed in traded and non-traded industries. Decisions are understood by key stakeholders. |
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| Granted statutory immunity from legal proceedings where there is sufficient public benefit concerning some anti-competitive practices (as prescribed by the TPA). | Issued draft determinations and
notices within four months of lodgement and final determinations and notices within
prescribed time limits. Determinations based on an accurate account of relevant facts. Decisions are understood by key stakeholders. |
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| Access to essential services is made on reasonable terms and conditions. | Decisions issued within 4 months on
whether access undertakings will be accepted. Assessments and decisions made on accurate information. Decisions are understood by key stakeholders. |
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| Regulated gas market as required by the National Third Party Access Code for National Gas Pipeline Systems. | Time limits prescribed by Code met. Secured compliance with competition issues as set out in Code. Decisions made on accurate information and communicated to key stakeholders. |
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| Regulated electricity market as required by the National Electricity Market Code. | Time limits prescribed by Code met. Decisions (including revenue caps) made on accurate information and communicated to key stakeholders. |
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| Regulated telecommunications market. | Time limits prescribed by
legislation met. Secured compliance with competition notice regime. Decisions made on accurate information and communicated to key stakeholders. |
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| Publication of new and amended provisions of the Trade Practices Act and new ACCC procedures. | Timely publications. Business and consumers understand obligations. | |
| Promoted competitive pricing where possible and restrained price rises in markets where competition is less than effective. | Prices charged to businesses
accessing essential facilities reflect true costs of providing the service. Secured compliance with price caps. Price notifications completed within statutory time frames. |
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| Output 1.1.2: Competition initiatives, regulatory mechanisms, liaison and information. | ACCC policy and positions formulated - discussion documents and guidelines on competition initiatives and regulatory mechanisms be prepared, disseminated and discussions take place with government, industry and consumers. | Timely and effective consultation
with key stakeholders. Policy and guidelines understood by key stakeholders. Implementation of pro-competitive strategies by essential industries. |
| Consulted with Federal and State Governments on competition issues arising from regulatory reforms. | High quality and timely advice to governments. | |
| Responded to government inquiries on competition and consumer protection issues including references under Section 28 of the TPA relating to dissemination of information, law reform and research. | Well researched and timely advice to
government. Increased general awareness of competition law and consumer issues. |
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| Actively participated in the development of effective competition and consumer protection laws internationally. | Set in place lawful arrangements for
exchange of information with other countries. Contributed technical advice to countries developing competition and consumer protection legislation. |
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No evaluations are planned for 1999-2000.
The ACCC is planning to market test its banking arrangements during 1999-2000.