The Australian Competition and Consumer Commission (ACCC) has issued a draft determination proposing to authorise Port Stephens Council and Newcastle City Council to jointly procure food organics and garden organics collection and education services.
The application, lodged on 29 June 2026, seeks authorisation for the councils to work together on the procurement of FOGO collection services for a period of 10.5 years.
Under the proposed arrangement, the councils would jointly evaluate tenders, collectively negotiate contract terms and conditions with preferred tenderers, and enter into and give effect to contracts based on terms negotiated during the tender process.
Port Stephens Council lodged the application on behalf of itself, Newcastle City Council and the successful tenderer.
The ACCC issued its draft determination on 3 September, proposing to grant authorisation for the proposed conduct for 10.5 years.
The competition regulator has also granted interim authorisation, allowing the councils to begin the procurement process while the substantive application remains under consideration.
The interim authorisation enables the councils to request tenders, evaluate responses and negotiate contract terms for the FOGO collection services.
However, it does not allow the councils to enter into or give effect to any contracts resulting from the tender process.
The ACCC is now seeking feedback from interested parties on its draft determination. Submissions must be lodged by 18 September 2026.
The application has progressed through several stages since it was lodged in late June. Public consultation began on 8 July, with submissions on interim authorisation closing on 21 July and submissions on the substantive application closing on 31 July.
The ACCC’s draft determination and interim authorisation followed on 3 September.
Interested parties may also call for a pre-decision conference before the 18 September deadline.
The ACCC said it would progress its assessment of the application in a timely manner.
A final determination is expected in October or November 2026.
The application is listed under authorisation number AA1000734-1 and remains under consideration.