Document ID: chunk:federal_register_of_legislation:C2016C00900:section:44
Version: federal_register_of_legislation:C2016C00900
Segment Type: section
Provision Reference: s 44
Character Range: 47333–49607

44  Registration of pre‑commencement access agreements
 (1) This section applies to an access agreement that was registered under section 144 of the Telecommunications Act 1991 immediately before 1 July 1997.
 (2) Division 9 of Part XIC of the Trade Practices Act 1974 has effect, on and after 1 July 1997, as if:
 (a) the agreement were an agreement to which that Division applies; and
 (b) the ACCC had registered the agreement under that Division at the beginning of 1 July 1997; and
 (c) the ACCC had complied with the requirements set out in subsections 152ED(1) and (2) of the Trade Practices Act 1974 in relation to the registration.
 (3) The repeal of the Telecommunications Act 1991 does not affect the continuity of the agreement.
 (4) This section does not prevent the parties to the agreement from varying or terminating the agreement.
 (5) Despite the repeal of the Telecommunications Act 1991 by this Act, paragraph 236(1)(c) and section 238 of that Act continue to apply in relation to the agreement, until the end of the period ending at the end of 31 December 1997, as if that repeal had not been made.
 (6) The ACCC may, by written instrument, extend the period mentioned in subsection (5) for the purposes of the application of subsection (5) to a specified agreement, so long as the extension is not longer than 90 days. This rule does not prevent the ACCC from making 2 or more successive extensions, so long as each extension is not longer than 90 days.
 (7) The ACCC must not make an instrument under subsection (6) in relation to a particular agreement unless:
 (a) a party to the agreement has notified a dispute under section 152CM of the Trade Practices Act 1974 and:
 (i) the matter in dispute is relevant to the agreement; and
 (ii) the dispute (including any review in relation to a determination of the ACCC) has not been finally determined; or
 (b) the ACCC is satisfied that the parties to the agreement are engaging in negotiations in good faith with the objective of removing any inconsistencies between the terms of the agreement and Part IV of the Trade Practices Act 1974.
 (8) In this section:
ACCC means the Australian Competition and Consumer Commission.
access agreement has the same meaning as in the Telecommunications Act 1991.