Australian Capital Territory Numbered Acts

INDEPENDENT PRICING AND REGULATORY (NO. 77 OF 1997) - SECT 35

35. (1) An arbitrator shall determine a dispute by making a written determination on access to the services by the third party.

(2) A determination may deal with any matter relating to access by the third party to the services, including matters that were not the basis for the notification of the dispute, and matters such as the following:

        (a)     a requirement of the access provider to give access to specified services to the third party;

        (b)     a requirement that the third party accept, and pay for, access to the services;

        (c)     a determination of the terms and conditions of access to the services;

        (d)     a requirement that the access provider extend the infrastructure facility;

        (e)     a determination of the extent to which the determination is to override any earlier determination relating to access to the services by the third party.

(3) A determination shall not require the access provider to bear any of the costs of extending infrastructure facilities or of maintaining such extensions.

(4) A determination does not have to require the access provider to provide access to the services by the third party.