Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p22
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 58766–61439

in relation to a determination—a party to the arbitration in which the Commission made the determination;

'provider', in relation to a service, means the entity that is the owner or operator of the facility that is used (or is to be used) to provide the service;

'responsible Minister' means:

    (a) the Premier, in the case of a State;

    (b) the Chief Minister, in the case of a Territory;

'revocation recommendation' means a recommendation made by the Council under section 44J;

'service' means a service provided by means of a facility and includes:

    (a) the use of an infrastructure facility such as a road or railway line;

    (b) handling or transporting things such as goods or people;

    (c) a communications service or similar service;

but does not include:

    (d) the supply of goods; or

    (e) the use of intellectual property; or

    (f) the use of a production process;

except to the extent that it is an integral but subsidiary part of the service;

'State or Territory body' means:

    (a) a State or Territory;

    (b) an authority of a State or Territory;

'third party', in relation to a service, means a person who wants access to the service or wants a change to some aspect of the person's existing access to the service.

How this Part applies to partnerships and joint ventures

"44C.(1) This section applies if the provider of a service is a partnership or joint venture that consists of 2 or more corporations. Those corporations are referred to in this section as the 'participants'.

"(2) If this Part requires or permits something to be done by the provider, the thing may be done by one or more of the participants on behalf of the provider.

"(3) If a provision of this Part refers to the provider bearing any costs, the provision applies as if the provision referred to any of the participants bearing any costs.

"(4) If a provision of this Part refers to the provider doing something, the provision applies as if the provision referred to one or more of the participants doing that thing on behalf of the provider.

"(5) If:

    (a) a provision of this Part requires the provider to do something, or prohibits the provider from doing something; and

    (b) a contravention of the provision is an offence;

the provision applies as if a reference to the provider were a reference to any person responsible for the day-to-day management and control of the provider.

"(6) If:

    (a) a provision of this Part requires a provider to do something, or prohibits a provider doing something; and

    (b) a contravention of the provision is not an offence;

the provision applies as if the reference to provider were a