Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:4_47
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 4 cl 47
Character Range: 953578–955579

47  Terms and conditions of access

Access to towers
 (1) The owner or operator of a broadcasting transmission tower must comply with subclause 45(1) on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the owner or operator;
 (ii) the access seeker (within the meaning of that subclause); 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.

Access to designated associated facilities
 (1A) The owner or operator of a designated associated facility must comply with subclause 45A(2) on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the owner or operator;
 (ii) the access seeker (within the meaning of that subclause); 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.

Access to sites
 (2) The owner or operator of a broadcasting transmission tower must comply with subclause 46(1) on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the owner or operator;
 (ii) the access seeker (within the meaning of that subclause); 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.

Conduct of arbitration
 (3) The regulations may make provision for and in relation to the conduct of an arbitration under this clause.
 (4) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this clause, 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 Chair of the ACCC.
 (5) Subclause (4) does not, by implication, limit subclause (3).