Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p38
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 99434–102247

dispute arising out of the determination had been notified when the application was made to the Commission for the variation of the determination; and

    (b) the variation were the making of a determination in the terms of the varied determination.

"Division 4—Registered contracts for access to declared services

Constitutional limits on operation of this Division

"44ZV. This Division does not apply to a contract unless:

    (a) the contract provides for access to a declared service; and

    (b) the contract was made after the service was declared; and

    (c) the parties to the contract are the provider of the service and a third party; and

    (d) at least one of the following conditions is met:

        (i) the provider is a corporation (or a partnership or joint venture consisting wholly of corporations);

        (ii) the third party is a corporation;

        (iii) the access is (or would be) in the course of, or for the purposes of, constitutional trade or commerce.

Registration of contract

"44ZW.(1) On application by all the parties to a contract, the Commission must:

    (a) register the contract by entering the following details on a public register:

        (i) the names of the parties to the contract;

        (ii) the service to which the contract relates;

        (iii) the date on which the contract was made; or

    (b) decide not to register the contract.

"(2) In deciding whether to register a contract, the Commission must take into account:

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

    (b) the interests of all persons who have rights to use the service to which the contract relates.

"(3) The Commission must publish a decision not to register a contract.

"(4) If the Commission publishes a decision not to register a contract, it must give the parties to the contract reasons for the decision when it publishes the decision.

Review of decision not to register contract

"44ZX.(1) If the Commission decides not to register a contract, a party to the contract may apply in writing to the Tribunal for review of the decision.

"(2) An application for review must be made within 21 days after publication of the Commission's decision.

"(3) The review by the Tribunal is a re-consideration of the matter.

"(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.

"(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