Document ID: chunk:federal_register_of_legislation:C2023C00086:clause:4_581ze
Version: federal_register_of_legislation:C2023C00086
Segment Type: clause
Provision Reference: sch 4 cl 581ZE
Character Range: 131126–132797

581ZE  Terms and conditions of access
 (1) An eligible company must comply with subsection 581ZD(1) on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the eligible company;
 (ii) the carrier concerned; 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.
 (2) The regulations may make provision for and in relation to the conduct of an arbitration under this section.
 (3) 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.
 (4) Subsection (3) does not, by implication, limit subsection (2).
 (5) An arbitrator must not make a determination under this section if the determination would have the effect of:
 (a) preventing a designated Telstra successor company from complying with an undertaking in force under section 577A; or
 (b) preventing Telstra from complying with an undertaking in force under section 577C or 577E; or
 (c) if a final migration plan is in force—requiring a designated Telstra successor company to engage in conduct in connection with matters covered by the final migration plan.
 (6) If:
 (a) an agreement mentioned in paragraph (1)(a) is in force; and
 (b) the agreement is in writing;
a determination under this section has no effect to the extent to which it is inconsistent with the agreement.