Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p36
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 94489–97174

for its costs in conducting the arbitration; and

    (b) apportion the charge between the parties.

"Subdivision E—Effect of determinations

Operation of determinations

"44ZO.(1) If none of the parties to the arbitration applies to the Tribunal under section 44ZP for a review of the Commission's determination, the determination has effect 21 days after the determination is made.

"(2) If a party to the arbitration applies to the Tribunal under section 44ZP for a review of the Commission's determination, the determination is of no effect until the Tribunal makes its determination on the review.

"Subdivision F—Review of determinations

Review by Tribunal

"44ZP.(1) A party to a determination may apply in writing to the Tribunal for a review of the determination.

"(2) The application must be made within 21 days after the Commission made the determination.

"(3) A review by the Tribunal is a re-arbitration of the access dispute.

"(4) For the purposes of the review, the Tribunal has the same powers as the Commission.

"(5) The member of the Tribunal presiding at the review may require the Commission to give information and other assistance and to make reports, as specified by the member for the purposes of the review.

"(6) The Tribunal may either affirm or vary the Commission's determination.

"(7) The determination, as affirmed or varied by the Tribunal, is to be taken to be a determination of the Commission for all purposes of this Part (except this section).

"(8) The decision of the Tribunal takes effect from when it is made.

Provisions that do not apply in relation to a Tribunal review

"44ZQ. Sections 37, 39 to 43 (inclusive) and 103 to 110 (inclusive) do not apply in relation to a review by the Tribunal of a determination made by the Commission.

Appeals to Federal Court from determinations of the Tribunal

"44ZR.(1) A party to an arbitration may appeal to the Federal Court, on a question of law, from the decision of the Tribunal under section 44ZP.

"(2) An appeal by a person under subsection (1) must be instituted:

    (a) not later than the 28th day after the day on which the decision of the Tribunal is made or within such further period as the Federal Court (whether before or after the end of that day) allows; and

    (b) in accordance with the Rules of Court made under the Federal Court of Australia Act 1976.

"(3) The Federal Court must hear and determine the appeal and may make any order that it thinks appropriate.

"(4) The orders that may be made by the Federal Court on appeal include (but are not limited to):

    (a) an order affirming or setting aside the decision of the Tribunal; and

    (b) an order remitting