Part IIIA of the Competition and Consumer Act 2010 (Cth) (CCA) establishes the National Access Regime under which an access seeker can gain access to services provided by nationally significant infrastructure that exhibit natural monopoly characteristics, in circumstances where access (or increased access) to the service on reasonable terms and conditions, as a result of a declaration would promote a material increase in competition in a dependent market.

Under the regime, the Council considers applications relating to the declaration of services; ineligible service rulings; and the certification of state and territory access regimes, and makes recommendations to designated Ministers. The Council has a similar role under the National Gas Law (NGL) whereby it makes recommendations to relevant Minister(s) on the coverage (regulation) of natural gas pipeline systems.