Document ID: chunk:federal_register_of_legislation:C2004A00443:clause:1_152cpa:p1
Version: federal_register_of_legislation:C2004A00443
Segment Type: clause
Provision Reference: sch 1 cl 152CPA (pt 1/2)
Character Range: 51919–54733

152CPA  Interim determination by Commission

 (1) A determination may be expressed to be an interim determination.

 (2) The making of an interim determination does not terminate an arbitration or relieve the Commission from its duty to make a final determination.

Objection by access seeker

 (3) The Commission must not make an interim determination if, at any time within the objection period, the access seeker gave the Commission a written notice objecting to the determination. For this purpose, the objection period is the period specified in a written notice issued by the Commission at the same time as a draft of the determination was issued by the Commission. The specified period must not be shorter than 7 business days after the draft of the determination was issued by the Commission.

Duration

 (4) An interim determination has effect on the date specified in the determination.

 (5) Unless sooner revoked, an interim determination remains in force until the end of the period specified in the determination. The period must not be longer than 12 months.

Revocation

 (6) The Commission may revoke an interim determination.

 (7) The Commission must revoke an interim determination if requested to do so by the parties to the determination.

 (8) If:
 (a) an interim determination relating to an access dispute is in force; and
 (b) the notification of the dispute is withdrawn under section 152CN;
the interim determination is taken to have been revoked when the withdrawal occurs.

 (9) If:
 (a) an interim determination relating to an access dispute is in force; and
 (b) a final determination relating to the access dispute takes effect;
the interim determination is taken to have been revoked when the final determination takes effect.

Variation

 (10) The Commission may vary an interim determination.

 (11) Sections 152CQ and 152CR apply to a variation under subsection (10) as if:
 (a) in a case where the interim determination was made in arbitration of an access dispute relating to an earlier final determination of an access dispute (the eligible access dispute) between the access seeker and the carrier or provider:
 (i) an access dispute (the notional access dispute) arising out of the interim determination had been notified at the time when the eligible access dispute was notified; and
 (ii) the notional access dispute were an access dispute relating to the earlier final determination; and
 (iii) the variation were the making of an interim determination in the terms of the varied interim determination; or
 (b) in any other case:
 (i) an access dispute arising out of the interim determination had been notified at the time when the original access dispute was notified; and
 (ii) the variation were the making of an interim determination in the terms of the varied