Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p29
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 76717–79607

the Competition Principles Agreement:

    (a) a decision by the Commonwealth Minister that the regime is an effective access regime ceases to be in force; and

    (b) the Council, the Commonwealth Minister and the Tribunal need not take any further action relating to an application for a decision by the Commonwealth Minister that the regime is an effective access regime.

Register of decisions and declarations

"44Q. The Commission must maintain a public register that includes:

    (a) each decision of the Commonwealth Minister that a regime established by a State or Territory for access to a service is an effective access regime for the service; and

    (b) each declaration (including a declaration that is no longer in force).

"Division 3—Access to declared services

"Subdivision A—Scope of Division

Constitutional limits on operation of this Division

"44R. This Division does not apply in relation to a third party's access to a service unless:

    (a) the provider is a corporation (or a partnership or joint venture consisting wholly of corporations); or

    (b) the third party is a corporation; or

    (c) the access is (or would be) in the course of, or for the purposes of, constitutional trade or commerce.

"Subdivision B—Notification of access disputes

Notification of access disputes

"44S.(1) If a third party is unable to agree with the provider on one or more aspects of access to a declared service, either the provider or the third party may notify the Commission in writing that an access dispute exists.

    Note: An example of one of the things on which a provider and third party might disagree is whether a previous determination ought to be varied.

"(2) On receiving the notification, the Commission must give notice in writing of the access dispute to:

    (a) the provider, if the third party notified the access dispute;

    (b) the third party, if the provider notified the access dispute;

    (c) any other person whom the Commission thinks might want to become a party to the arbitration.

Withdrawal of notifications

"44T.(1) A notification may be withdrawn as follows (and not otherwise):

    (a) if the provider notified the dispute:

        (i) the provider may withdraw the notification at any time before the Commission makes its determination;

        (ii) the third party may withdraw the provider's notification at any time after the Commission issues a draft determination, but before it makes its determination;

    (b) if the third party notified the dispute, the third party may withdraw the notification at any time before the Commission makes its determination.

"(2) Despite subparagraph (1)(a)(ii), if the provider notified a dispute over variation of a determination, the third party may not withdraw the provider's notification.

"(3) If the notification is withdrawn, it is taken for the purposes of this