Australian Capital Territory Numbered Acts

INDEPENDENT PRICING AND REGULATORY (NO. 77 OF 1997) - SECT 33

33. (1) The Commission, or a person appointed under subsection (2), may act as arbitrator to hear and determine a dispute referred to arbitration under this Part.

(2) The Commission may appoint 1 or more persons to act as arbitrators to hear and determine disputes referred to arbitration under this Part.

(3) In the case of a dispute involving a third party wanting, but not having, access to a service, the arbitrator shall give public notice of the dispute inviting public submissions to the arbitrator about the dispute, and specifying when and how submissions may be made.

(4) In the arbitration of a dispute referred under this Part, or in the variation of an existing determination, the arbitrator shall consider the following matters:

        (a)     the matters set out in paragraphs 6 (4) (i), (j) and (l) of the Competition Principles, in the form in which those matters are set out in Schedule 2;

        (b)     any guidelines for the access regime determined following an investigation;

        (c)     if subsection (3) applies—any public submissions made about the dispute;

        (d)     the value to the access provider of any extensions to the infrastructure facilities the cost of which is borne by someone else;

        (e)     any other matters the arbitrator considers relevant.

(5) Parts VII and VIII apply in relation to an arbitration as if references in those Parts to the Commission were references to the arbitrator.

(6) If paragraph 6 (4) (i), (j) or (l) of the Competition Principles is varied, the regulations may amend Schedule 2 accordingly with effect (retrospective if necessary) from the date of effect of the variation.