Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_207:p1
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 207 (pt 1/3)
Character Range: 255623–258291

207  Transitional—arbitration of access disputes
(1) Despite the following repeals effected, and amendments made, by this Part:
 (a) the repeal of Division 8 of Part XIC of the Competition and Consumer Act 2010;
 (b) the amendment of the definition of pre‑request right in subsection 152AR(12) of that Act;
 (c) the repeal of subsection 152BBC(5) of that Act;
 (d) the repeal of section 152CGB of that Act;
 (e) the amendments of section 152ELA of that Act;
 (f) the amendment of subsection 171B(1) of that Act;
that Division, that definition, and those sections and subsections continue to apply as if those repeals had not happened and those amendments had not been made. This subitem has effect subject to the following subitems.
(2) If:
 (a) a declared service is supplied, or proposed to be supplied, by a carrier or a carriage service provider; and
 (b) one or more standard access obligations apply, or will apply, to the carrier or provider in relation to the declared service; and
 (c) an access seeker is unable to agree with the carrier or provider about one or more aspects of access to the declared service;
then:
 (d) if the declared service was a declared service immediately before the commencement of this item—a person is not entitled to notify an access dispute to the Commission under section 152CM of the Competition and Consumer Act 2010 at any time after the first final access determination relating to access to the declared service has come into force; or
 (e) otherwise—a person is not entitled to notify an access dispute to the Commission under section 152CM of the Competition and Consumer Act 2010.
(3) If:
 (a) a declared service is supplied, or proposed to be supplied, by a carrier or a carriage service provider; and
 (b) one or more standard access obligations apply, or will apply, to the carrier or provider in relation to the declared service; and
 (c) an access seeker is unable to agree with the carrier or provider about the terms and conditions on which the carrier or provider is to comply with those obligations;
then:
 (d) if the declared service was a declared service immediately before the commencement of this item—a person is not entitled to notify an access dispute to the Commission under section 152CM of the Competition and Consumer Act 2010 at any time after the first final access determination relating to access to the declared service has come into force; or
 (e) otherwise—a person is not entitled to notify an access dispute to the Commission under section 152CM of the Competition and Consumer Act 2010.
(3A) If:
 (a) a declared service is supplied, or proposed to be supplied, by Telstra; and
 (b) one or