Section 44D — Competition and Consumer Act 2010: Meaning of designated Minister

(1) The Commonwealth Minister is the designated Minister unless subsection (2), (3), (4) or (5) applies. (2) In relation to declaring a service in a case where: (a) the provider is a State or Territory body that has some control over the conditions for accessing the facility that is used (or is to be used) to provide the service; and (b) the State or Territory concerned is a party to the Competition Principles Agreement; the responsible Minister of the State or Territory is the designated Minister. (3) In relation to revoking a declaration that was made by the responsible Minister of a State or Territory, the responsible Minister of that State or Territory is the designated Minister. (4) In relation to deciding whether a service is ineligible to be a declared service in a case where: (a) a person who is, or expects to be, the provider of the service is a State or Territory body that has some control over the conditions for accessing the facility that is used (or is to be used) to provide the service; and (b) the State or Territory concerned is a party to the Competition Principles Agreement; the responsible Minister of the State or Territory is the designated Minister. (5) In relation to revoking a decision: (a) that a service is ineligible to be a declared service; and (b) that was made by the responsible Minister of a State or Territory; the responsible Minister of that State or Territory is the designated Minister.