Document ID: chunk:federal_register_of_legislation:C2006A00092:clause:1_44zzbf
Version: federal_register_of_legislation:C2006A00092
Segment Type: clause
Provision Reference: sch 1 cl 44ZZBF
Character Range: 65511–67294

44ZZBF  Review of decisions

Application

 (1) A person whose interests are affected by an access undertaking decision or an access code decision may apply in writing to the Tribunal for review of the decision.

 (2) The person must apply for review within 21 days after the Commission publishes its decision.

Review

 (3) The review by the Tribunal is a reconsideration of the matter.

Note: There are target time limits that apply to the Tribunal's decision on the review: see section 44ZZOA.

 (4) For the purposes of the review, the Tribunal has the same powers as the Commission.

 (5) The member of the Tribunal presiding at the review may require the Commission to give information and other assistance, and to make reports, as specified by the member for the purposes of the review.

Tribunal's decision

 (6) If the Commission:
 (a) accepted an access undertaking or access code; or
 (b) consented to the withdrawal or variation of an access undertaking or access code; or
 (c) extended the period for which an access undertaking or access code is in operation;
the Tribunal must, by writing, affirm or set aside the Commission's decision.

 (7) If the Commission:
 (a) rejected an access undertaking or access code; or
 (b) refused to consent to the withdrawal or variation of an access undertaking or access code; or
 (c) refused to extend the period for which an access undertaking or access code is in operation;
the Tribunal must, by writing:
 (d) affirm the Commission's decision; or
 (e) set aside the Commission's decision and accept the undertaking or code, consent to the withdrawal or variation of the undertaking or code or extend the period for which the undertaking or code is in operation.

Subdivision F—Register of access undertakings and access codes