Document ID: chunk:federal_register_of_legislation:C2011A00107:clause:1_372m
Version: federal_register_of_legislation:C2011A00107
Segment Type: clause
Provision Reference: sch 1 cl 372M
Character Range: 29165–30398

372M  Terms and conditions of access
 (1) The owner or operator of a fixed‑line facility must comply with subsection 372L(2) on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the owner or operator of the facility;
 (ii) the carrier who made the request under that subsection; or
 (b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
 (2) The regulations may make provision for and in relation to the conduct of an arbitration under this section.
 (3) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this section, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chairperson of the ACCC.
 (4) Subsection (3) does not, by implication, limit subsection (2).
 (5) If:
 (a) an agreement mentioned in paragraph (1)(a) is in force; and
 (b) the agreement is in writing;
a determination under this section has no effect to the extent to which it is inconsistent with the agreement.