Document ID: chunk:federal_register_of_legislation:C2010A00102:clause:5_44zzcba
Version: federal_register_of_legislation:C2010A00102
Segment Type: clause
Provision Reference: sch 5 cl 44ZZCBA
Character Range: 99005–101256

44ZZCBA  Deferral of arbitration if review is underway

Commission may defer arbitration if declaration not stayed
 (1) If:
 (a) the Commission is arbitrating an access dispute relating to one or more matters of access to a declared service; and
 (b) an application for review of the declaration of the service has been made under subsection 44K(1); and
 (c) the Tribunal does not make an order under section 44KA staying the operation of the declaration;
then the Commission may, by notice in writing to each party to the arbitration, decide to defer arbitrating the access dispute until the Tribunal has made its decision on the review if it considers it appropriate to do so.

Commission must defer arbitration if declaration stayed
 (2) If:
 (a) the Commission is arbitrating an access dispute relating to one or more matters of access to a declared service; and
 (b) an application for review of the declaration of the service has been made under subsection 44K(1); and
 (c) the Tribunal makes an order under section 44KA staying the operation of the declaration;
then the Commission must, by notice in writing to each party to the arbitration, defer arbitrating the access dispute until the Tribunal has made its decision on the review.

Resumption of arbitration if declaration affirmed
 (3) If the Commission defers arbitrating the access dispute and the Tribunal affirms the declaration, the Commission must resume arbitrating the dispute.

Termination of arbitration if declaration varied or set aside
 (4) If the Commission defers arbitrating the access dispute and the Tribunal sets aside or varies the declaration, the Commission must terminate the arbitration.
 (5) If:
 (a) an arbitration is terminated under subsection (4) or section 44YA; and
 (b) an access dispute is notified under section 44S in relation to access to the same declared service; and
 (c) the parties to the dispute are the same parties to the terminated arbitration;
then the Commission may have regard to any record made in the course of the terminated arbitration if it considers it appropriate to do so.

Notices are not legislative instruments
 (6) A notice given under subsection (1) or (2) is not a legislative instrument.

Part 2—Application of amendments