Document ID: chunk:federal_register_of_legislation:F2017L01112:body:0:p8
Version: federal_register_of_legislation:F2017L01112
Segment Type: other
Provision Reference: 
Character Range: 18734–21576

Act (April 2006). While the ACCC endeavours to consider access undertakings in an expeditious manner, it is possible that access undertakings involving complex issues could take longer to assess.
In such circumstances, it may be appropriate to continue the conduct of arbitrations in order to make interim determinations              , particularly where this would enable greater certainty on access terms and conditions in a timely manner.
Access providers are expected to lodge all relevant information (including pricing models and data) with the ACCC at the time of lodging the undertaking, as part of detailed supporting information. This can help reduce the time frame for consideration of the undertaking. This also serves to indicate an intention on the part of the access provider to work with the ACCC in order to facilitate timely consideration of the undertaking.

2.2.4 Other relevant considerations
It is not possible to exhaustively describe all circumstances in which it will be appropriate to continue with an arbitration. Thus, the CCA specifically enables the ACCC to take account of other matters it considers relevant (s. 44ZZCB(5)). Where appropriate, the ACCC will give the parties an opportunity to comment on such matters prior to making its decision.

2.2.5    Other issues

Use of arbitration information in assessment of the access undertaking
Confidential information obtained by the parties to arbitration as part of that process may be relevant to the assessment of an access undertaking on the same matter. Accordingly, the parties to the arbitration may wish to use or disclose this information in, or for the purposes of, their submissions to the ACCC regarding the access undertaking.
Before doing so, however, it may be necessary for the ACCC to grant its consent to such use or disclosure. This may be the case where, for example, confidential information in an arbitration is subject to a confidentiality order made by the ACCC which limits use or disclosure of the information outside the arbitration context.[2]
If the ACCC's consent is required, the party wishing to use or disclose the confidential information should make a written request to the ACCC seeking consent for the proposed use or disclosure. The request should describe the information that the party wishes to use, the persons that would be provided with the information and the purpose of the disclosure.
In general, the ACCC will be inclined to consent, where possible, although before doing so it will seek the views of the other party or parties to the arbitration. In granting its consent, however, the ACCC will impose such conditions as are necessary to protect the confidential information and ensure that it is used and disclosed only for the purposes of the access undertaking assessment process.

Use of information obtained