Document ID: chunk:federal_register_of_legislation:F2017L01112:body:0:p3
Version: federal_register_of_legislation:F2017L01112
Segment Type: other
Provision Reference: 
Character Range: 5449–8308

third party access to services provided through facilities with natural monopoly characteristics. The objects of Part IIIA are:
    * to promote the economically efficient operation of, use of, and investment in the infrastructure by which services are provided, thereby promoting effective competition in upstream and downstream markets
    * to provide a framework and guiding principles to encourage a consistent approach to access regulation in each industry.
Part IIIA provides a number of mechanisms by which the terms and conditions of access to services may be determined. One way is for the relevant Minister to declare a service or services provided by means of a facility. If declaration occurs, access seekers have a right to negotiate terms and conditions of access with the service provider and, failing agreement, a right to seek arbitration of the dispute by the Australian Competition and Consumer Commission (ACCC).
In 2011 the Trade Practices Act 1974 (Cth) was remade as the Competition and Consumer Act 2010 (Cth). The majority of provisions relating to arbitrations under Part IIIA were unchanged in the transition.
Effective from 1 October 2006 Part IIIA was amended to allow the ACCC to defer arbitration of an access dispute where it is also considering an access undertaking on related issues. Further, the ACCC has the discretion to backdate a final determination and apply payment of interest to a backdated determination.
The ACCC has completed one arbitration under Part IIIA. To date, the ACCC has not been required to consider these guidelines in an arbitration.
1.1.                   About these guidelines
The purpose of these guidelines is to explain how the ACCC might exercise its powers to defer arbitrations or backdate final determination.
The guidelines on deferral and backdating were first developed in 2007 and remade in 2017. They are a legislative instrument under the Legislative Instruments Act 2003 (Cth) which means that they are subject to disallowance and will sunset after ten years.
The purpose of these guidelines is to assist interested parties by setting out how the ACCC might apply the deferral and backdating provisions in the context of an arbitration under Part IIIA. The ACCC must have regard to these guidelines in deciding whether to defer consideration of an access undertaking or access dispute, backdate an arbitration determination and award interest. However, it should be noted that Part IIIA potentially covers a wide range of services. The application of these provisions will depend on the individual circumstances of the case and will need to be considered on a case-by-case basis.
These guidelines should be read with the ACCC's Arbitrations: a guide to resolution of access disputes under Part IIIA of the Trade Practices Act (April 2006). The ACCC is currently updating this guide