Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p9
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 25767–29411

(b)  any relevant principles or guidelines published by
              the ACCC that may be relevant to the arbitration of
              a dispute.
           Note:  see Access Pricing Principles — Telecommunications, ACCC,
           November 1998 and Attachment A of the Explanatory Statement.

           (3)  In the event that Carriers cannot resolve disputes pursuant
           to sub-clause 2.4(1), Carriers must make reasonable
           endeavours to refer a matter in dispute for arbitration by
           an agreed independent expert other than the ACCC. Carriers
           may agree to accept a nominee of the Australian
           Commercial Disputes Centre.

           (4)  Pursuant to sub-clause 2.4(3), Carriers must comply with the
           determination of an independent expert.

           (5)  In making a determination under sub-clause 2.4(3),
           an independent expert may consult with the ACMA.

           (6)  In the event that Carriers cannot resolve a dispute pursuant
           to sub-clause 2.4(3), Carriers must refer the matter in dispute
           to the ACCC for arbitration.

           (7)  Carriers must ensure that dispute resolution measures
           required by this clause are conducted by persons with
           sufficient decision-making authority consistent with timely
           dispute resolution.

            2.5  Dispute Resolution — implementation of
            access
           (1)  The terms and conditions on which access is agreed must
           include arrangements for the settlement of a dispute about
           the ongoing provision or implementation of access which
           are consistent with sub-clauses 2.4(1)-(5).

           (2)  In the event that a dispute arises in relation to the ongoing
           provision or implementation of access, Carriers must make
           reasonable endeavours to resolve the dispute in accordance
           with the agreed dispute resolution arrangements made
           pursuant to sub-clause 2.5(1).

           (3)  Carriers must ensure that dispute resolution measures
           required by this clause are conducted by persons with
           decision-making authority consistent with timely dispute
           resolution.
         2.6 Timeframes
            (1)      The timeframes for particular processes associated with the
           provision of access, as set out in the Code, must apply unless
           a Carrier considers it would not be reasonably practicable for it
           to comply with the specified timeframes. In these circumstances,
           Carriers must make reasonable endeavours to agree to amended
           timeframes.

            (2)   Carriers must engage in dispute resolution, as set out in Chapter 2 of the main Code, if agreement cannot be reached on amended timeframes.

Chapter 3.

Applying for Access

            3.1  Information Package

           (1)  The First Carrier must establish and maintain an Information
           Package in relation to the provision of access to particular
            Eligible Facilities or classes of Eligible Facilities.

           Note:  classes of Eligible Facilities include telecommunications transmission
           towers, sites of telecommunications transmission towers and
           underground facilities, as defined in clause 31 of Part 5 of Schedule
           1 of the Act.

           (2)  The Information Package must be provided to any Second
           Carrier who requests it in writing from the First Carrier
           within five Business Days of such a request.

           (3)  If the Information Package is amended