Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 462

(1) A person who is a carrier or a carriage service provider must comply with
the numbering plan.

(2) If:

   (a)  a person (the first person) is a carrier or a carriage service
        provider; and

   (b)  the plan requires the first person to provide number portability in
        relation to customers of a carriage service provider; the first person
        must comply with that requirement on such terms and conditions as are:

   (c)  agreed between the following parties:

        (i)    the first person;

        (ii)   the carriage service provider; or

   (d)  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).

(6) A determination made in an arbitration under this section must not be
inconsistent with:

   (a)  the numbering plan; or

   (b)  with a pricing principles determination. For this purpose, a pricing
        principles determination is a written determination made by the
        Minister that sets out principles dealing with price-related terms and
        conditions relating to a requirement of a kind referred to in
        paragraph (2)(b).

(7) A determination made by the Minister under subsection (6) is a
disallowable instrument for the purposes of section 46A of the Acts 
Interpretation Act 1901 .

(8) In this section:
price-related terms and conditions means terms and conditions relating to
price or a method of ascertaining price.