Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:1_27
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 1 cl 27
Character Range: 1404065–1405273

27  Terms and conditions of compliance
 (1) The first carrier (within the meaning of clause 21, 22, 23, 24 or 25) must comply with a requirement imposed on the first carrier by that clause on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the first carrier;
 (ii) the second carrier (within the meaning of that clause); 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 clause.
 (3) 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 Chairperson of the ACCC.
 (4) Subclause (3) does not, by implication, limit subclause (2).
 (5) A determination made in an arbitration under this clause must not be inconsistent with a Ministerial pricing determination in force under clause 28.