Document ID: chunk:federal_register_of_legislation:C2010A00102:clause:1_4
Version: federal_register_of_legislation:C2010A00102
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 36272–37490

4                   A decision is published under subsection 44ZZCB(4) deferring consideration of whether to accept the access undertaking, in whole or in part, while the Commission arbitrates an access dispute  The day on which the decision is published              The day on which the final determination in relation to the arbitration of the access dispute is made

 (3) Despite subsection (2), do not disregard any day more than once.

Stopping the clock by agreement
 (4) The Commission and:
 (a) for an access undertaking application—the provider of the service; and
 (b) for an access code application—the industry body or its replacement;
may agree in writing that a specified period is to be disregarded in working out the expected period.
 (5) The Commission must publish, by electronic or other means, the agreement.

Deemed final determination
 (6) If the Commission does not publish under section 44ZZBE an access undertaking decision or an access code decision within the expected period, it is taken, immediately after the end of the expected period, to have:
 (a) made a decision to not accept the application; and
 (b) published its decision under section 44ZZBE and its reasons for that decision.