Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p39
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 101989–104811

assistance and to make reports, as specified by the member for the purposes of the review.

"(6) The Tribunal may either:

    (a) affirm the Commission's decision; or

    (b) register the contract.

Effect of registration of contract

"44ZY. The parties to a contract that has been registered:

    (a) may enforce the contract under Division 7 as if the contract were a determination of the Commission under section 44V and they were parties to the determination; and

    (b) cannot enforce the contract by any other means.

"Division 5—Hindering access to declared services

Prohibition on hindering access to declared services

"44ZZ.(1) The provider or a user of a service to which a third party has access under a determination, or a body corporate related to the provider or a user of the service, must not engage in conduct for the purpose of preventing or hindering the third party's access to the service under the determination.

"(2) A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or from other relevant circumstances. This subsection does not limit the manner in which the purpose of a person may be established for the purposes of subsection (1).

"(3) In this section, a 'user' of a service includes a person who has a right to use the service.

"Division 6—Access undertakings for non-declared services

Access undertakings by providers

"44ZZA.(1) A person who is, or expects to be, the provider of a service may give a written undertaking to the Commission, setting out details of the terms and conditions on which the provider undertakes to provide access to the service.

"(2) The undertaking must specify the expiry date of the undertaking.

"(3) The Commission may accept the undertaking, if it thinks it appropriate to do so having regard to the following matters:

    (a) the legitimate business interests of the provider;

    (b) the public interest, including the public interest in having competition in markets (whether or not in Australia);

    (c) the interests of persons who might want access to the service;

    (d) whether access to the service is already the subject of an access regime;

    (e) any other matters that the Commission thinks are relevant.

"(4) The Commission must not accept the undertaking unless the Commission has first:

    (a) published the undertaking and invited people to make submissions to the Commission on the undertaking; and

    (b) considered any submissions that were received within the time limit specified by the Commission when it published the undertaking.

"(5) If the Commission accepts the undertaking:

    (a) the undertaking comes