Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if a determination under section 147 requires a person to provide access as mentioned in paragraph 147(2)(j) or (k).
(2) The person must provide that access in accordance with the requirements set out in the determination and on such terms and conditions as are:
(a) agreed between the following parties:
(i) the person;
(ii) the carriage service provider to whom access is required to be provided; or
(b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
(3) The regulations may make provision for and in relation to the conduct of an arbitration under this section.
(4) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this section, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chairperson of the ACCC.
(5) Subsection (4) does not, by implication, limit subsection (3).